Charbydis v Platform *Claim struck out in court*

[zootscoot]

Hi Chabydis,

A few missing apostrophes and you seem to have undergone a gender change since your defence!

I would take out this bit if you are claiming 7K:

The Claimant filed the claim believing it would be dealt with in the Small Claims Court and did not anticipate the risk of bearing the costs in the Fast Track.

 

Also I would assume this part needs changing:

they apply to accounts for exceeding overdraft limits and so on

 

Otherwise some really good arguments. You might also want to have a look at the new template response to claim for strike out as I have revamped the no breach argument a little.

 

All the best

 

Zoot

[zootscoot]

Hi Charbydis,

 

Are there any Directions on the court order that you must comply with?

 

There may use the no breach argument which if successful they would not have to disclose their costs. However, you've got a pretty tight argument against the no breach route and certainly have an arguable case.

 

Yes they are trying to panic you!

 

Keep your cool and you'll be fine!

 

All the best

 

Zoot

[zootscoot]

Best to phone the court and check on Directions.

 

It may be that there are no directions as they have already received your defence and are therefore assuming that is your evidence.

[zootscoot]

Hi Charbydis,

 

The bit about the OFT needs to go between Para 8 and 9. Also don't forget to add your dates.

 

With regards to the counter claim, can you post their actual counter claim because some of them are quite different.

 

All the best

 

Zoot

[zootscoot]

Yes the defence covers that one.

[zootscoot]

Charbydis,

 

Are you still going ahead with this?

[zootscoot]

You are liable for full costs to date unless you can negotiate a settlement.

Its worth a try negotiating. If you pull out completely this morning I don't think you will save yourself an awfull lot in costs than if you went to court as these costs will already have been accounted for.

[zootscoot]

So sorry to hear this you must be devasted.

 

Take care

 

Zoot

[zootscoot]

Generally a charge must be paid off when the sale goes through. You may be able to negotiate a transfer of the charge but its unlikely they would agree.

 

Write back telling them you think that it is unreasonable for them to insist on a charge on your house before you have failed to make a payment. If they continue to refuse a reasonable offer of payment and take proceedings against you they run the risk of having to bear their own legal costs in any such proceedings under the Overriding Objectives. In the event that it did go to court the court would only state that you have to pay what you can afford to pay which is likely to be less than they are demanding from you. Charging orders are generally only imposed by the court where someone has failed to keep up with an agreement to repay.

 

I'll do a letter for you later when I have a little more time.

 

Best wishes

 

Zoot

[zootscoot]

Yes Charbydis, do ensure that you are able to meet the payment that you offer otherwise you will be back to square one. There is a budget planner in the debt forum located on the second page of the letter templates. Use that to work out how much you can afford to pay and send a copy to Platform. A suggested letter for you to send:

Dear XXXXx

Thank you for your letter of xx/xx/xxxx. I am very disappointed that we seem unable to reach a satisfactory compromise in this case. I do feel that your insistence of a charge at ths point in time is rather presumptious given that I have not as yet reneged on any agreement to repay. As I have already explained, I can only afford £XX per month at the present time. This is the only realistic payment proposal bearing in mind my personal budget. Please find enclosed my personal budget plan.

 

You have stated in correspondence your intention to commence proceedings in the County Court against me. The commencement of legal proceedings under such circumstances could be counter to the ‘Overriding Objectives’ of the Civil Procedure Rules. You will be aware that the ‘Overriding Objectives’ underpin everything the court does. Moreover, paragraph 4 of the Protocols Practice Direction states that in cases not covered by an approved pre-action protocols, the court will expect the parties “to act reasonably….. in trying to avoid the necessity for the start of proceedings”.

I would suggest that your consistent refusal to accept my offer could be viewed as unreasonable and I would ask the court to consider this matter with reference to the ‘Overriding Objectives’. This could leave you liable to paying for your own costs. I’m sure that we could sort this without the need to take the time of the courts and the offer of £xx per month, is of course still open to you to accept.

Yours faithfully

 

XXXX