Hamptons/Lowell SD threat Natwest Loan/current account - Statute Barred? *** WON + COSTS **

[42man]

You shouldn't need to quote what it says, the judge will be aware of the limitation act

[giveITallback]

Thanks,

 

I dropped off files at court but the clerk there said I didn't need to get anything sworn in? I repeatedly asked if he was sure and he said no ??

[giveITallback]

as in NO I don't need to have anything sworn in.

[42man]

Fine if that is what the clerk said then no problem.

[giveITallback]

phew OK docs posted to lowells/hamptons today ... Not long now! I'll let you know how It goes! Thanks for all your support to date, it's been invaluable. You're a diamond!

[giveITallback]

Hi,

 

Spoke with the court today and they said I am not allowed to access the file without the Judges say so. Also the set aside is too late because a petition has 'been served on me, so I can basically only oppose the petition at the hearing. A little worrying. I reminded the clerk that It has not been served on me and she said the judge may decide to serve it on me on the day. What's my best POA here. I don't want to come undone by him throwing things at me.

 

Regards

[42man]

You have made an attempt at setting aside the demand, let us not forget the demand was NOT served on you.....bearing in mind that as you had not had any chance to defend the stat demand then you can certainly defend at this stage....

[giveITallback]

OK so my best start to my defence is my address incorrect, nothing served on me and no continuation of service served on me and ask the judge if it's been filed. At that point I can refer to the legislation and ask for dismissal. If it is there I can move onto the SAR I sent and the fact no petition or continuation of service was provided?? I can then move on to the fact no notice of assignment from Claimaint nor an enforceable agreement of any time and no payments to this company ever so Statute barred referring to case studies, laws and acts as set out in my defense.

[42man]

And in default of your request for a copy of the agreement, no statements for the duration, no default notice int he prescribed form...etc

[giveITallback]

Had a visit from Lewis group at the weekend and was served with the continuation of service, coincidentally a few days after they have received my defence and almost a month after the adjournment date!! As I understood it was supposed to be immediately after the hearing not a couple of days before the next hearing. I'll stress this to the judge in relation to none of the docs being served correctly or promptly throughout this whole process presumably to allow myself as little as time as possible to defend this.

[42man]

And when was it dated ? Remember they never served one from earlier hearings, and you are right it has to be served immediately after......they are now attempting to bandage up the many gaping wounds !!!

[giveITallback]

It was dated a month ago :-/ so I'd certainly agree, be interesting to see what's in the court file on the day. I will be stressing that none of the petitions turned up with the SAR either.

[giveITallback]

Hi 42m thanks for all your help to date. Can you please summarise for me the best way to approach all this on the day. I'd really appreciate this. I want to structure my arguments in the correct way and how to argue the points effectively.

 

Thanks

Edited October 22, 2012 by giveITallback

[giveITallback]

Court date has passed .. Late submission of the application to set aside has been accepted by the judge and a hearing will take place to consider it at a later date. Their solicitor was nice as pie pre-hearing, asking me questions about this and that and then asked if she could read my defence when she advised she hadn't been given copies of anything. She took a slight turn and stormed off when I said no. The Judge has allocated an hour as their is plenty to go through she said. They turned up today with the intention of adjournment to allow time for the CCA to be actioned. What should I do now regarding their lack of a CCA after 30 days?

[42man]

Did you get your costs awarded ?

[giveITallback]

Hi no I guessed I would mention that at the next hearing. Nothing has really happened other than they judge accepted the submission of the application to set aside. I gather if it is set aside at the next hearing then I bring up costs.

[42man]

Don't forget the statute barred aspect too...

[giveITallback]

Hi again,

 

Set aside court date not too far away now, the court sent a copy of the file which contained no new information other that what I'd already seen from claimant and submitted myself. Do I need to do anything else prior to the hearing, still no correspondance from the claimaint in my request for any docs includding CCA, NOA, DN etc. Can they turn up with these docs and submit them even though they've ignormed by formal requests in writing for them? How will I add to my costs at this stage as since I submitted there has been a second court visit and now there will be a third by the time of my latest visit.

 

Much obliged

[unclebulgaria67]

Suggest that you write to remind them of the lack of response to your requests for information and that you will be bringing this to the attention of the court.

[giveITallback]

Hi,

 

Had my day in the court room with a lovely female judge, very pleasant. I arrived at court to be informed Lowells would be seeking a further adjournment as they STILL did not have any of the documents requested as far back as 4 months ago. Once in the court room when their solicitor requester this the judge raised eyebrows in light of the previous adjournement for the same issues. She asked If I was happy with this to which I replied no and I wished to object and asked for the demand to be set aside in light of the the missing documents despite my request for them and the fact that the should not of entered into the insolvency process when these documents were not present from the start to ensure that the process was the correct one. She duly agreed after some weak objection from their solicitor. I was awarded costs after some disagreements from their solicitors over the amounts and the petition dismissed, the demand set aside and 14 days to pay me my monies

 

Thanks especially to 42M for all your help in guiding me through this process and giving me the confidence to fight my corner in the court room.

[42man]

BRILLIANT...very well done, shame all judges aren't like the one you had.....can I please urge you to report this sorry affair to the OFT too

[babydoll0141917]

Excellent ..Well done

[giveITallback]

Hi yes what's the best way to go about this? Also they have 14 days to award costs but I'm pretty sure I'll never see a penny of this? Has anyone actually been successful in recouping the costs into their bank?

 

Cheers again.

[42man]

There are plenty of cases on here where the costs have been paid......if not then you can get the bailiffs to visit them (and maybe get a TV crew from the BBC to go with them)

[giveITallback]

Haha Imagine that!