Court Case pending and help required reviewing position...

[Jasper1965]

 

I thank you for pointing the DN issues out, the £25.00 charge just does not sit right with me I can't find anywhere where it says that the charging for issue of a DN notice is not allowed however it does not feel right that that they are allowed to charge like you say penalty charge!

 

 

 

They aren't allowed to charge for a DN, it is forbidden by a term in the CCA 1974 (as amended by the CCA 2006).

 

86E CCA1974

(6)The debtor or hirer shall have no liability to pay any sum in connection with the preparation or the giving to him of the notice under this section.

 

Hope that helps!!

[liquidauctions]

They aren't allowed to charge for a DN, it is forbidden by a term in the CCA 1974 (as amended by the CCA 2006).

 

86E CCA1974

(6)The debtor or hirer shall have no liability to pay any sum in connection with the preparation or the giving to him of the notice under this section.

 

Hope that helps!!

 

Thanks for that, It will be relevent to my case that I am building.

Regards

[Drowning but not sunk...]

Thanks Jasper,

 

That will do it .... Thanks very much...

[the_shadow]

I'm afraid claimants are given leeway on sending anything into court... I would contact the court in a couple of days to see if they've received it. By courtesy they should send you a copy too.

 

S.

[the_shadow]

They aren't allowed to charge for a DN, it is forbidden by a term in the CCA 1974 (as amended by the CCA 2006).

 

86E CCA1974

(6)The debtor or hirer shall have no liability to pay any sum in connection with the preparation or the giving to him of the notice under this section.

 

Hope that helps!!

 

Brilliant, cheers Jasper... something twigged but I couldnt remember what it was

 

S.

[Drowning but not sunk...]

Just a quick update. The judge has today given them another two weeks to file there AQ and pay! Yes thats correct another two weeks! Thats four weeks in total over the deadline of the 31st Jan! That means that they have now got another two weeks to pick apart my Draft Order and this puts me at a disadvantage! It's wrong that they are allowed this time, they have been taking court action since 09! I stated as much in my draft order but the judge must have just ignored it! Two more weeks simply wrong!

[liquidauctions]

deleted

[the_shadow]

Just a quick update. The judge has today given them another two weeks to file there AQ and pay! Yes thats correct another two weeks! Thats four weeks in total over the deadline of the 31st Jan! That means that they have now got another two weeks to pick apart my Draft Order and this puts me at a disadvantage! It's wrong that they are allowed this time, they have been taking court action since 09! I stated as much in my draft order but the judge must have just ignored it! Two more weeks simply wrong!

 

 

If the you want to force the issue you could always issue an application for disclosure along the lines of your draft order which he/she is obviously ignoring.

 

S.

[Drowning but not sunk...]

Thanks S.

 

I think that by the time the court would get to read/acknowledge the request the deadline would have passed. I just feel one rule for them one for us! The judge could have given 7 days to file but gave 14 I know that I can complain to the court but it might just make him/her a little pixxed at me! Ill just sit the time out if they do respond then well court date it is! On a further note I have called around all my local solicitors but cant find anyone with specific consumer credit experiance! I'm begining to think that law school stops at Divorce & how to buy & sell a house!

 

DBNS

[the_shadow]

Its not a lucrative area of law so unfortunately there are few solicitors that are versed in it, also you find that the judges at senior level tend to be the same one's reviewing the cases of appeal for the same reason.

 

S.

[Drowning but not sunk...]

Up date on case. Any thoughts would be great if anyome can spare the time.

 

I have now received the AQ from the other side and it has been submitted to the court. They only had two days left or it would have been stuck out!

 

1.Firstly they have ticked the Yes boxes to settle and have ticked Yes to a months stay. Why would they? It's been going on for two years and they have turned down any attempt to settle .

 

2.£10,000 for COSTS!

 

Now the Draft order for directons

 

1.They have asked for permision to serve an ameded POC! WHY!

 

2.Defendant me to serve amended defence.

 

3.Each side to give the other party standard discolsure.

 

4.Signed witness statements

 

5.Pre trial checklist

 

6.Trial listed

 

7.Costs in case!

 

The above is dated to happen over the next 8-9 MONTHS yes 8-9 MONTHS!

 

 

Any help would be fantastic should I be applying to the court to have the case struck out? Can I do anything about this all ie them submittig new POC after two years?

 

Thanks

[Drowning but not sunk...]

Bump me please landlord...

[the_shadow]

Well if they are allowed to amend their poc's then you'll get another chance to defend.. not sure why they are doing so.. obviously they must have picked up an error possibly. I would suspect this will be allowed although there may be a hearing to decide this.

 

Costs are steeper than I thought but lawyers arent cheap

 

S.

[Drowning but not sunk...]

Hello,

 

Please can someone help me with the following;

 

1.AQ's given in by both sides now (they had an extra MONTH!)

2.Called the court they say that the judge has allowed the draft order of directions for the claimant.

3.The judge is obviously ignoring everything in my draft order!

4.The claimant has ticked to mediate in the 30 days however nothing from them except "look forward to hearing from you" at the bottom of the covering letter with copy of there AQ.

 

Copy of the draft order supplied by the claimant. http://tinypic.com/r/160ufzk/7

 

Based on the recent case "Harrison" should I be applying to the court to have the case struck out? Should I be more aggresive with the court in terms of allowing a further month then allowing the draft order that enables them to change there POC when the claim was started September 2009! Does this already show the judge is not on my side at all?

 

I can't get my head around the Harrrison case in that invalid default means no enforcement however they have terminated surely they cannot stop proceedings or issue a new DN mid flow of litigation?

 

I need some help with this am I missing something or is this all going to blow up in my face? I have been reading the thread PH and the arguments with Peter and DB DD and others just sends my head into a spin any help would be fantastic.

[Drowning but not sunk...]

Bump please can someone help. Im trying to see howw I can use the Harrison case to my advantage..

[Drowning but not sunk...]

Update.

 

I've done some research and had some new advice on my situation.

Edited March 18, 2011 by Drowning but not sunk...

[Drowning but not sunk...]

http://www.consumeractiongroup.co.uk/forum/showthread.php?173284-Nationwide-eversheds-taking-court-action

 

Now I even more confused. I'm happy this person has done well but how can the judge do this does it prove the like of Peterbard wrong? (No offence Peter)

 

See post number 100

Edited March 17, 2011 by Drowning but not sunk...

[liquidauctions]

You have been fighting it for 2 years now! Why show weakness? To make it worse your posting it on a popular forum and im sure they may have read your thread. Stick to your guns, no point thinking negative.

[Drowning but not sunk...]

Thanks for your support LA. I'm not showing weakness just being real and understanding the legal side. If they do read this as you say then they will now know that I am seeking profesional legal support so they know they will be facing increased costs should they lose, that may well be the straw that breaks the camels back in terms of them proceeding we will see. Just finding the correct angles of attack.

[Drowning but not sunk...]

Well I have an update.

 

I have received an offer from them to discontinue the claim. Wow you think that’s great! No its not, basically they have told me the following; please I am not making this up its happening it’s a real case.

 

They have told me that they wish to discontinue my current case that has been in court now for TWO YEARS and re-issue a new DN they have told me that should I not pay the arrears on the new DN then they will take me to court again (obviously the arrears will now be significantly more.)

 

This should be a warning to a great number of people that the tactics of these companies is changing that they are now using the Link V Harrison case to support the re-issue and reclaim of debts. As I understand each case is different however in mine I see that a judge when presented with a new case with a new VALID DN will almost certainly allow new proceedings. The fact that CPR 38.7 says it cannot be based on the same facts I think is urinating in the wind to think that a judge will back the defendant over a bank. I'm not saying that I'm not going to fight this I am. However as I now see it any debt that is up to 6 years old could have a DN re-issued and the process begin again. The idea that termination is final even on the back of an invalid DN is obviously again part of this as they did infect terminate the agreement in two letters! Yet as the DN was invalid it seems so is the termination. Anyway lots of ramblings here so I will stop.

:-x:-x:-x:-x:-x:-x:-x:-x:-x

Edited March 22, 2011 by Drowning but not sunk...

[the_shadow]

I think you'll find its the fact that the default notice is invalid which makes the subsequent termination invalid. The courts have ruled that you cannot terminate on the back of a faulty DN, to terminate they must have a valid proper DN, hence why the discontinuance and re-issue here.

 

Wasted costs could be a sum after 2 years in the system tho... plus interest @ 8% ???

 

S.

[Drowning but not sunk...]

Just starting to look at costs and how to build up a decent amount but if you said the judge worked on two thirds of solicitors fees then in the AQ's they state costs to date circa £500 for them as solicitors therefore for me only £300-£350 that is a drop in the lake of despair in truth! Also did they already know this is what they were going to do!

[Drowning but not sunk...]

If someone knows of a thread that contains advice on how to decline a consent order for discontinuance I would be grateful of the help.

[the_shadow]

Doubt if anyone has done it to be honest...

 

Part38

DISCONTINUANCE

 

Right to apply to have notice of discontinuance set aside

 

38.4

(1)Where the claimant discontinues under rule 38.2(1) the defendant may apply to have the notice of discontinuance set aside(GL).

 

(2)The defendant may not make an application under this rule more than 28 days after the date when the notice of discontinuance was served on him.

 

Via an N244 application and supported by evidence of why the case should continue and why it would be unjust to allow them to discontinue and re-file.

 

S.

[buffalobill]

This is my first ever post on this site. I am in Court tomorrow against Shoosmiths. I appreciate it is no consolation for you but I really appreciate the effort you and others put into this site it has been invaluable. I hope you find someone that can help you.