Robinson Way lifting a stay on a County Court claim made in July 2009 - Happy Christmas!!

[Mike_hawk]

Wouldn't let yourself think like that Bev, tbh the other side can't now effectively 'win' anything having rejected the IVA proposal..... unless you intend to win the lotto in the next few days.

 

There's no chance of a forthwith settlement in the instance of you losing, as far as I remember the family home is shared title tenants in common so nothing but a restriction and self employed with no savings so no enforcement from that direction either.

 

I'd have taken the generous IVA proposal without the risk but what do I know

[prosser]

Wouldn't let yourself think like that Bev, tbh the other side can't now effectively 'win' anything having rejected the IVA proposal..... unless you intend to win the lotto in the next few days.

 

There's no chance of a forthwith settlement in the instance of you losing, as far as I remember the family home is shared title tenants in common so nothing but a restriction and self employed with no savings so no enforcement from that direction either.

 

I'd have taken the generous IVA proposal without the risk but what do I know

 

Totally agree with this. Also if house is shared as Mike pointed out they can at worst put a form K restriction at Land Registry which does not guarantee a penny !

 

Have a read of this quite useful. http://forums.moneysavingexpert.com/showthread.php?t=1839539

 

Robinson Way are the only ones who are losers in this and it is a win win situation for you !!!

[Bev250264]

Thanks both of you

[Bev250264]

Would someone mind checking over the attached bill of costs for me please?

[Mike_hawk]

Hi Bev

 

Can't see the application fee included £80.00?

 

Also, if it were me I'd ask for a full day at £90.00 for the hearing

 

Might be an idea to draft one for total costs in the case as well for tomorrow, if by some miracle they get turned over you could ask for all costs to be summarily assessed.

[Bev250264]

But it's only scheduled for an hour tomorrow. will the DJ not think we're being cheeky asking for a whole day? We didn't pay the fee in the end as we were granted relief ('cos we're poor ). I'm working on the full bill as we speak.

[Mike_hawk]

But it's only scheduled for an hour tomorrow. will the DJ not think we're being cheeky asking for a whole day? We didn't pay the fee in the end as we were granted relief ('cos we're poor ). I'm working on the full bill as we speak.

 

I'd ask for the full day, I think the court will agree that by attending a hearing you will need to set aside the full day in case of delays.

[AndyOrch]

I'd ask for the full day, I think the court will agree that by attending a hearing you will need to set aside the full day in case of delays.

 

Also Bev try not to use full straight hours ie time to consider and to action 45 mins.

 

Regards

 

Andy

[Bev250264]

Ok that makes sense. I just take this with us tomorrow don't I? The only downside is we know what DJ we've got tomorrow and out of all the ones we've seen he was the most grumpy. So wish me luck!

[Bev250264]

Also Bev try not to use full straight hours ie time to consider and to action 45 mins.

 

Regards

 

Andy

 

Right I will, thanks

[Bev250264]

OK well everything is copied, filed and served ready for tomorrow afternoon. There's nothing more we can do now other than go through everything over and over again so we have it straight in our mind before tomorrow's hearing. In court at 3pm so I'll let you all know how we get on

[prosser]

good luck bev

[Bev250264]

Thanks.

[DonkeyB]

The truth deserves to win.

 

Hope the judge is a decent one.

[Bev250264]

The truth deserves to win.

 

Hope the judge is a decent one.

 

We know who it is and last time he was a bit grumpy so here's hoping he'as a bit happier tomorrow.

[prosser]

Either way Robinson Way are in the doo doo in the next few years. You'll be fine, be positive, state your point confidently, and don't be afraid to disagree without doing it rudely !!

 

At the end of the day they are the incorrect claimants its simples !

[Mike_hawk]

Bev

 

Perhaps take hard copies of both CH registration details (I seem to remember at least one has been filed in evidence previously), if it appears that DWF are attempting to cloud the matter you could ask it to identify for the judge which was the filing claimant at July 2009 and which it currently represents in the case.

 

If you can manage to get the identity resolved quickly the rest should follow fairly easily.

 

Try to assist the court by simplifying the issue if at all possible.

 

Best of luck for tomorrow

[Bev250264]

Both are included in my ws

[comebackjimmy]

Been following. Just to wish you all the very best for tomorow. CBJ

[Bev250264]

Thanks

[Mike_hawk]

Both are included in my ws

 

 

Yeah but, bet you forgot the spare nappy, baby wipes and pack of crayons for it to chew on

[Bev250264]

Darn it I knew I'd forgotten something

[Mike_hawk]

That's the attitude, send the little sh#t up to his room with no tea tomorrow

[Bev250264]

Just checking everything through. I understand why CPR 19.2 is relevant but what part of CPR 23 should I highlight?

[AndyOrch]

CPR 23 is with regards to applications for Court Orders Bev.

 

Regards

 

Andy

 

PS Good Luck