Speedloan claimform **Claim Discontinued - WON!**

[jj69]

The DN issue is an important piece of your defence but you shouldn't have to go into the detail at the set aside hearing, that will come at the full hearing.

However have all your docs. with just in case the DJ wants more info. If he doesn't ask for it, keep it up your sleeve re. the claimants.

 

Good luck on Friday, will be thinking of you...

 

FG

 

Thanks for the support...on a etiquette note plan to wear a suit ( I know it's just a 15 min hearing) and call the judge Sir/Madam but anymore pointers to keep me right ?

[foolishgirl]

Keep your wits about you!

 

You'll be just fine, don't worry too much. Treat it as a dress rehearsal for the hearing:)

Edited November 12, 2009 by foolishgirl
addition

[jj69]

Keep your wits about you!

 

You'll be just fine, don't worry too much. Treat it as a dress rehearsal for the hearing:)

 

Not worried just ready,in fact a bit too laid back...

I am to belive from your previous comments the DJ is more than likely going to push this through as fast as possible,either stayed or continued ?

Obviously I will get a chance to speak but I am assuming the DJ does not want too much waffle and just basic facts as the case time is just 15 mins..

[jj69]

Keep your wits about you!

 

You'll be just fine, don't worry too much. Treat it as a dress rehearsal for the hearing:)

 

 

Sorry to keep bugging you Foolishgirl but one other thing I noticed is that the orginal POC off the claim form has a different balance to the DN.Should the two not be the same..the bal on the DN is £654 while on the POC it is £704...DN dated 15th June the POC 28th April

[foolishgirl]

The DN should only be for the arrears, the POC is usually for the full balance but that is not saying this fully explains the difference & you can't tell what's what until you get the statements they have not supplied.

[jj69]

The DN should only be for the arrears, the POC is usually for the full balance but that is not saying this fully explains the difference & you can't tell what's what until you get the statements they have not supplied.

 

Well the DN has balance and arrears on it

[foolishgirl]

That's correct but the POC sum may be inflated by fees & charges of which you have no knowledge or proof 'cos they haven't supplied the statements!

Simples...

 

Just get the DJ to make them prove the calculation of the sum owed by granting directions to make them provide the statements within 14 days or the case will be struck out.

[jj69]

That's correct but the POC sum may be inflated by fees & charges of which you have no knowledge or proof 'cos they haven't supplied the statements!

Simples...

 

Just get the DJ to make them prove the calculation of the sum owed by granting directions to make them provide the statements within 14 days or the case will be struck out.

 

 

Got it..all raring to go now...bring on 11.30...

[foolishgirl]

Good luck jj...

[jj69]

Well could have gone better...

The DJ was not really bothered kept me waiting over hour and a half just had me left to see and a council solicitor who told me she just needed a form signing which would take 20secs..seeing as it was 1pm by then the sad old duffer was looking to take an early day.

Basically stated my case that the DN was faulty,balance incorrect due to no documents despite my requests his reply ' well the claimant will have to prove that at a hearing ' .

So I explained I had a mediation on the 18th but was not in a position to provide a suitable defence ' up to the mediator ' was his reply.

So I showed him claim struck out doc ' well that was an oversight on the claimant ' ....

He then went on to say he was the DJ that reinstated the claim and I had no grounds for a set aside.

Presented him with my draft directions and again fobbed off with ' save it for mediation '.

Then he said ' You have all the documents the default notice,assignment etc and I stated no I dont have the assignment,Oh but you have signed the agreement to which I replied ' thats not in dispute the DN and balance is.

Anyway he was not budging and decided it should continue as he had no reason to set aside.

Cheeky bugger asked where I got all my legal information so told him online solicitors ' I dont belive in all that ' was his reply.

Well mediation should be fun next week..might offer them 5p a week

[foolishgirl]

Disappointing jj, lottery DJ at work again I'm afraid

 

The refusal of the set aside was not unexpected was it? And it is typical that our legal system allows the big bully boys to get away with 'oversights' but doesn't extend the same lenience to LIPs. Just let's just hope you get another judge for the hearing. However be prepared for the same & get your arguments well rehearsed. At least you've had warning of what you may be up against.

 

As you say, mediation will be interesting...

[jj69]

Disappointing jj, lottery DJ at work again I'm afraid

 

The refusal of the set aside was not unexpected was it? And it is typical that our legal system allows the big bully boys to get away with 'oversights' but doesn't extend the same lenience to LIPs. Just let's just hope you get another judge for the hearing. However be prepared for the same & get your arguments well rehearsed. At least you've had warning of what you may be up against.

 

As you say, mediation will be interesting...

 

I will indeed and thanks again for the support,was a little nervous but once I got in there it was just me and him,felt like I was chatting to somebodys dad..

I could have forced more argument perhaps but it has given me hindsight before the next hearing and more preparation..until then must chalk it down to bad luck and prepare for the next one..