LLoyds Business OD - Unaware of Personal Guarantee ***Case Struck Out and awarded Costs !!***

[AndyOrch]

[peebeeh]

Finak check of N244

[ATTACH=CONFIG]33169[/ATTACH]

 

Do I need to amend the Draft Order?

[AndyOrch]

Finak check of N244

[ATTACH=CONFIG]33169[/ATTACH]

 

Do I need to amend the Draft Order?

 

Yes just add & pursuant to CPR 3.5

[peebeeh]

I have added that to item 2. of the draft order

 

All ready to go now, I think

[peebeeh]

Do I need to assess my costs and put that on at this stage?

If so, what would be reasonable to claim?

[AndyOrch]

Not within the application but you do need to prepare a bill of Costs.LiP rate is now £18ph and £80 per day for any days off work to attend court.

 

Andy

[peebeeh]

Thanks

[AndyOrch]

This will give you an idea on what you should be claiming for ignore the LiP rate its out of date.

 

Draft LiP bill of costs for detailed assessment.pdf

Regards

Andy‎

[peebeeh]

Good morning,

I have received an e-mail from the claimant this morning.

 

quote:

"In accordance with the Spirit, and Rules of the Overriding Objective of the CPR listed below:-

 

1.3 2(a) encouraging parties to co operate

1.3.2(j) Dealing with the case without parties needing to attend court.

 

we are willing to accept the terms of the enclosed Consent Order, signed on behalf of the Claimant to hopefully resolve the issues raised without the need for further costs to be incurred by either party. If you agree to the Consent Order could you please sign it and return a copy to us so we are able to forward this to the County Court."

A copy of this draft order and schedule is posted herewith.

I would be most grateful for your advice on how to proceed.[ATTACH=CONFIG]33532[/ATTACH]

[peebeeh]

I should have said - there has been no contact with the claimant since my application to strike out. This appears to me to be an 'offer' to settle, made from a position of weakness?

[toddle2u]

Yes it's an offer to settle - for you to pay them the £8K over the next 23 years!!!! Personally I would reject it and if you do want to settle and have it done with make them a counter offer on your terms or wait for the outcome of the strike out hearing

[brokebutnotbeatn]

even worse, you sign up to revealing all financials every year and having them bully you into increasing your payments!

[slick132]

The draft Consent Order would allow a review after 12 months but only with a view to increasing the payments.

 

If your disposable income reduced, there's no mention of any reduction in the monthly payment rate.

 

Yet, if you missed a payment that you couldn't afford, the full amount becomes due.

 

It would also be a debt of your estate, if you died before the 23+ years is up.

 

I think they're on the back foot here .

 

Edited February 20, 2012 by slick132

[AndyOrch]

Yes the Consent is a little loaded their way, the schedule should always allow for the need to take recourse with the Court in the event of any default

not claim the whole amount and enter judgment, in other words the claim proceeds on an equal footing and to be decided at trial.I personally would wait to see the out come of your application, the consent can be tweaked and considered as on the table until the conclusion of the application hearing.

 

Regards

 

Andy

[peebeeh]

Hi Andy,

 

I am sure that I should await the conclusion of my application (which was requested without a hearing).

 

Any offer made by me would be contrary to my main defence, and contrary to my argument in my application to strike out. I am sure would be an ill-advised course of action.

 

Am I right that this communication form the Claimant has no effect on the progress of my application to strike out?

[peebeeh]

The draft consent order starts with the assumption that the claimant and the defendant have reached an agreement to settle - this is NOT the case - I still stand by my original defence

[AndyOrch]

A consent can be agreed/ issued at any time of proceedings up to trial start.Your application will have triggered this no doubt (Court will have copied the N244 to the Claimant) are you aware if they intend to oppose it (IE made application set a side)? You can check with your Court and if they have request a copy of the application notice.

If you application is successful thats it game over if not and they have made application to oppose then you will be liable for their application costs.

As an aside is the figure offered in the CO the same as the summons or has it been reduced?

 

Regards

 

Andy

[peebeeh]

I will speak to the court and establish if they have shown intention to oppose my application.

 

The amount offered in the CO is rounded down, approx £320 less than the original figure on the claim form.

[littlenonni2012]

peebeeh:-) Hi!

Sorry to Hijack your thread, I have read this thread in its entirety!

I am in the same boat as you unfortunatley

to the tune of £24,000 (hsbc) overdraft, YES they even gave me the overdraft facilty BEFORE i actually signed the 'guarantee' for my company that is no longer. (administration)

My solicitor is saying i should make them an offer, we defended HSBC's claim, but they are denying our defense, however since reading all this thread their so called guarantee is full of inconsistencies. My solicitor has been on the HSBC's side from the beginning, so im not sure even whether to have him still act for me and apply to the court to strike out their application.

have you got any news with lloyds?

[BRIGADIER2JCS]

Please start your own thread if you want advice

on your situation

[littlenonni2012]

I'm not after advice per se as I don't think there's a damn thing I can do in my situation! I was just acknowledging the OP's situation as pretty similar to mine that was all. I've read this thread in its entirety and like me the banks have us by the short and .....

[littlenonni2012]

Oh please help! new user and i cant start a new thread!?

I basically want to state the exact same thing as peebah but HSBC instead of Lloyds.

I have read the posts and apparantly i can apply for strike out action.

(can somebody advice how i start a new thread) Ive even seen on here somewhere that a guarantee isnt worth the paper its written on?!

[BRIGADIER2JCS]

Oh please help! new user and i cant start a new thread!?

I basically want to state the exact same thing as peebah but HSBC instead of Lloyds.

I have read the posts and apparantly i can apply for strike out action.

(can somebody advice how i start a new thread) Ive even seen on here somewhere that a guarantee isnt worth the paper its written on?!

 

HI New thread go to top of this page click DEBT new thread to left of page.

[littlenonni2012]

thank you:smile:

[peebeeh]

A consent can be agreed/ issued at any time of proceedings up to trial start.Your application will have triggered this no doubt (Court will have copied the N244 to the Claimant) are you aware if they intend to oppose it (IE made application set a side)? You can check with your Court and if they have request a copy of the application notice.

If you application is successful thats it game over if not and they have made application to oppose then you will be liable for their application costs.

As an aside is the figure offered in the CO the same as the summons or has it been reduced?

 

Regards

 

Andy

 

Good afternoon,

I called in at the court today and spoke to the ckerk, who was extremely helpful.

The position is:

1. No communication of any kind received at the court, from the Claimant, since I made my application on 3rd Feb. to strike out.

2. Therefore, at present, thay have not made an application to oppose mine.

3. I was told that the file has now gone to the District Judge for his action - est. 5/10 days for this to be completed

 

I guess it's a waiting game again?

Edited February 20, 2012 by peebeeh
spelling correction!