Saraounia Vs SimpleLoans/GMAC-RFC

[zootscoot]

How about something on the lines of:

 

The claimant is a litigant in person without ready access to legal advice and the burden of bearing the costs in the event of the claim being unsuccessful would have a serious impact on the claimant's financial position. It is thus respectfully requested that the claim be allocated to the small claims track which is specifically designed to deal with consumer complaints where litigants may represent themselves with out undue disadvantage when faced with a legally represented financially robust institution. I understand that it is the courts duty under the Overriding Objects of the Civil Procedure Rules to ensure that the parties are on an equal footing. Allocation to the small claims track will go some way to alleviate the inequality of bargaining positions of the parties.

 

This matter could in fact have been dealt with without the need to use the time and resources of the courts. It is only the fact that the defendant refuses to disclose their true costs caused by my breach of contract which has lead the claimant to persue the claim through the courts.

[saraounia]

Thanks very much Zoot. Have added it to my composition and will send it all off on monday.

 

But there will be a bit of a hiatus, as I am going away for work for 2 months from 29/11 til 29/1/07. Have informed the courts in all cases.

 

Shame as have gathered quite a lot of momentum. Not giving up now, so I will have to take it up in earnest in the new year.

 

Best regards and many thanks again

[zootscoot]

Any news Saraounia?

[saraounia]

Hello folks,

 

My sincere apologies for a long silence. Due to work overseas and lack of facilities en route...

 

Not much to report on this, though I gather there has been rather a lot going on in my absence! Am just taking tonight to go through the threads, then will amend my reponses accordingly. Needless to say, any comments much appreciated.

 

Update thus far:

 

30/11/06 - All previous paperwork returned by court service, due to some petty bureaucratic tick... Received on 30/1/007 along with Defendant (GMAC's) Defence and allocation Q.

 

Called the courts only to be told the case had been reallocated to Winchester County Court from Northhampton, and they said, no harm done, fill in the allocation Q attached, send a cheque and they will put it through...

 

Am completing the allocation question for dispatch, having previously sent in Claimants statements per threads above.

 

Does anyone know how to get GMAC's allocation questionaire, GMAC's Defence statement and my allocation questionaire attached to this thread somehow..

 

Many thanks

[Sandy483]

Excellent reading wonderfull defence good luck with this one:) .

 

To get a picture up.

You could scan to photobucket Login to your Photobucket.com account

once you have uploaded the scan, click on the photo and it will open and give you links for each use by the side of the larger picture, copy the forum link to your post and the picture should then appear in your post

 

Regarding bookmarking posts, click on the number on the top right hand corner, when the new window opens save to favorites ( gold start top of your computer screen)

Type a heading of your choice, make sure you rename each one as i think they over write each other if they are just left as post numbers

 

[Bona]

Any newsyou no they are gmac are capitulating on arreas charges

[saraounia]

Hi,

 

No, no news I'm afraid. Still waiting....

[Bona]

Any tyhing further happened

[saraounia]

Sorry to have been away so long. Just to let you know that the case was heard on 20th aug in county court and I lost - the claim as stated above was struck out as it has no prospect of success. Costs awared against me of £3415, though they tried to claim £6115. Am very lucky because this will not break me. I don't have the money and they cannot take what I do not have. I have made them an offer of payment in a lumpsum, followed by an installment plan and am waiting to hear. Am thoroughly gutted of course which is why it took me so long to update you. BUT I still believe that the economic analysis shows the injustices heaped upon mortgage 'customers' in the UK and though I failed to present a cogent legal arguement for those circumstances in court, it does not mean one does not exist or that we should all fall away. I believe the banks are being exposed for their rotten practices and we must continue to put pressure on them in any we we can.

[saraounia]

Forgot to say GMAC RFC did make an £5,500 offer of settlement before the hearing on 20th aug. which I rejected! as a matter of principle. I really really really wanted a judge to look at all the arguements and make a judgement.

 

I must say that I thought the judge tried to be fair, it was me and two lawyers for GMAC & GE money who joined together in an application to strike out the claim and they did blind me with legalese...... However, I was really disappointed that he did not seem to percieve the injustice, viewing the matter from an entrenched position within the established status quo, as though there could be no possible circumstances in which the banks could be found wanting because they are after all banks!

[waronwant]

Hi, S. I just came across this thread. you were incredibly brave! I gasped in shock when I read the post that you had lost the case!

 

Maybe when things pick up speed, more is exposed about the rotten, inhuman practises of these institutions, and more people are pursuing this kind of claim, you could try again. I hope so - I'd like to see you getting your money back from these leeches!

 

Best of luck anyway, hon.

 

Lou