Court order ??

[maybelate]

Hi was wondering if anybody has an opinion on this, went to court two weeks ago and my defence was that I had not had, or seen a Deed of Assignment the judge asked their solicitor if this could be provided in two weeks their solicitor said yes so the judge put an order in for them to supply this by or before tommorrow if it does not come tomorrow I need to bring this to his attention ASAP what is the best way to do this:?

[postggj]

Is A New Hearing Date Tommorow Where You Both Have To Attend

[maybelate]

No the court date is about four weeks away but the third party (claimant) was suppose to supply DOA within two weeks of the first court case and have not.

[popeye1]

Inform the court when the time is up

[maybelate]

Thanks If it does not come today I will do just not sure which is the best way to do it.N244 phone or informal letter?

[Lula]

Was this made the subject of a court order? if so, when you write you ask that the case be struck out for non compliance of a court order dated xxxx

[maybelate]

Hi, yes it was the subject of a court order.

[Lula]

Well, that is what you need to write, give the court order number and date and state that they have failed to comply and that you are requesting that the case be struck ut, I would wait until Friday to send it, as the courts will allow a few extra days (naughty but it is what they do). Let us know what they do.

[maybelate]

O.K thanks for that, I'll post what happens.

[maybelate]

Well it arrived today:( but nothing like I was expecting a few pages but just adding up to two addresses with same signature by the side:confused:

[Lula]

can you scan them and post them up here?

[maybelate]

Hi everyone, I have sent CPR 31.14 letters (taken from this site) to 2 companies who are well over the 40 day time limit to comply. I also sent follow-up reminder letters (which they ignored). They have both cashed the cheques I sent. Can anyone let me know who I should report their non compliance to?

 

Also, if I send out an SAR how far back will the recipiant have to go? Is it restricted to 6 years or do they have to provide all info. they hold on you?

 

Thank you

[42man]

Do you mean CPR31.16 ? to force a company to give you a copy of your agreement ? or CPR31.14 to reveal all the paperwork in evidence against a court claim ?

 

This is CPR31.14 - http://www.consumeractiongroup.co.uk/forum/legal-issues/185051-claim-form-received-today.html#post1992524 or this - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

This is CPR31.16 - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[maybelate]

Hi 42man it was the 31.14 as both companies have taken me to court.

[I've got no money]

In that case it would help us if we knew what the claims were about and what stage you have reached in the proceedings...

 

In terms of what you do to enforce your CPR 31.14 requests you apply to the Court for an Order that they comply - you complete an N244 BUT before you do that it would help if we knew what was happening in the claims then we could give you more specific advice

[maybelate]

Hi on looking through some of my paper work I won a legal fight on the fact that the OC has not got an original CCA, only a microfiche copy:grin:.But after being on this site for longer and getting more knowledge I'm now more confused as some seem to say that a microfiche copy is acceptable :-?. Am I right in saying this

[tiokim]

I microfiche copy can be ok if it shows that the CCA has all the prescribed terms within the four corners of the original document you signed. The court is likely to accept this copy as evidence if in the WS the witness can verify and confirm that the microfiche copy is a true copy of the original document signed by you. You can argue and cross examine the witness in court to prove it

[pookeymonkey]

Good question Maybelate. I have been trying to find a definitive answer to this for a while.

 

What happens if it is a 2 sided document with terms on one side and signature on the other?

 

I have received an Egg Agreement which was like this, so when you get a copy you receive 2 pages, 1 with terms and 1 with a signature, but with nothing to link the 2 pages. So no way of verifying that they were indeed from the same document.

 

Without the original how could it be proven in court that the 2 pages were linked?

 

Pookey

[cymruambyth]

I have copied this from another thread:

I found this useful quote on another forum about what to do if they try and rely on microfiche copies! And not have original=

A useful point I gleaned from this thread was this point that could be made using case law and which I will be using- taken from a thread -Also if you read the Wilson v First Counties Trust it says in this ruling and says specifically " a document" signed by the debtor NOT a "copy" of a document signed by the debtor... and as everyone knows a comma can make a difference to the meaning of a sentence and especially in law and this is very significant.

Quote from Wilson case- IN effect- the creditor - by failing to ensure that he obtained a document signed by the debtor which contained all the prescribed terms -must (in the light of the provisions in section 65(1) and 127(3) of the 1974 Act) be taken to have made a voluntary disposition, or gift , of the loan monies to the debtor, The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid.

The conclusion to be drawn from this quote is case law and consumer law meant - A "Document signed by the debtor containing all the prescribed terms", not a copy. If you have not got the document you not got an agreement

http://www.consumeractiongroup.co.uk/forum/legal-issues/185649-court-25-02-09-a-9.html

Edited August 15, 2009 by cymruambyth
Fonts!!!

[mikek]

You can raise objections to the two documents being linked:

 

Do both documents have the same microfiche serial number?

 

Is there reference from one page to the other?

 

The usual problem with microfiche agreements i have seen is that they are not very legible. If not legible, it is difficult for them to prove beyond doubt what it really said even though if they give witness statements.

 

These are just some ideas.

[mikek]

I also seem to remember that a solicitor was telling me that only the original would do for a bullet proof case.

 

If copies only are available, there is scope for a lot of doubt. The more problems the copy has, the more doubt it will raise.

[maybelate]

Thanks people, this seems to corrospond with para 7.3 of the CPR practise direction 16. Anybody agree:D

[maybelate]

Nobody agree or diagree:(