Three Mobile / Lowell / Dryden court claim

[steampowered]

I have requested disclosure of the documentation that the claimant claims to rely on' date=' but it has failed to grant relief."[/size'][/color]

 

Personally I do not think this is necessary. You are not at the disclosure stage of the proceedings yet and your Defence already explains that they need to prove the debt. If you still want to mention it I think it would be good to be a little more specific, e.g. something like "The Defendant has made a CPR 31.14 request asking for disclosure of the documents referred to in the Claimant's statement of case but these have not yet been provided".

[steampowered]

Refer to section 136 at http://www.legislation.gov.uk/ukpga/Geo5/15-16/20/section/136

 

 

The assignment must be absolute (unconditional).

The assignment must not purport to be by way of charge only.

The rights to be assigned must be wholly ascertainable and must not relate to only part of a debt or other legal chose in action.

The assignment must be in writing and signed by the assignor.

The other party or parties to the claim must be given notice of the assignment.

 

You wouldn't normally get the Deed of Assignment itself. You would only usually get the notice.

[steampowered]

The assignment must be absolute (unconditional) - This means the assignment cannot be conditional on a future event. Very unlikely to be an issue, you can ignore.

The assignment must not purport to be by way of charge only - This means the assignment must take effect immediately and not just used to secure repayment of a debt owed by assignor to assignee. Very unlikely to be an issue, you can ignore.

The rights to be assigned must be wholly ascertainable and must not relate to only part of a debt or other legal chose in action - This means no partial assignments - you can't assign half the debt to one person and the other half to someone else. Very unlikely to be an issue, you can ignore.

The assignment must be in writing and signed by the assignor."- They don't have to send a copy to you.

The other party or parties to the claim must be given notice of the assignment - We are not talking about default notice here. Just about whether you got notice. This is the usually the only one that might be an issue.

[steampowered]

The last one is a bit of an issue - would you mind if I asked you a question by PM?

Prefer to keep it on open forum thunderballs

[steampowered]

Also, would the Notice of Assignment have to cite an act of legislation under which the account is supposed to be covered?

 

No need to cite the Act thunderballs.

 

No problem with keeping yourself anonymous, it shouldn't affect the advice given.

[steampowered]

So, if the claimant uses LoP 1925 (which in my case, they did) - does this mean that if part of the judgement (the airtime balance) is found in the claimant's favour, but the ETFs are not, then LoP 1925 cannot apply?

 

And would it also mean that part-judgement was unfair, and that there are sufficient grounds for having the judgement ruled as invalid?

 

I'm thinking in terms of the first and third points in your email.

 

No, I don't think so. It means that the whole debt must be assigned not just part of the debt. If the airtime balance is found valid but the ETFs are not valid, they can still assign the airtime balance.

[steampowered]

Exactly what costs were awarded? Presumably this was small claims track - are we talking just about fixed costs (court fees etc.) or are we talking about substantial legal representative costs?

 

If you defended the entire claim and they were awarded something, you would normally be ordered to pay at least costs relating to the successful portion of the claim. The logic is that the Claimant has still in a sense been successful and your Defence meant it had to proceed through the full court process. The exception would be where you offered to settle the case for at least the amount which was actually awarded and presented evidence of this offer to the court, which would need to be done on the issue of costs after the main issues have been decided.

 

I don't think you'll get very far with a letter of complaint. The judicial process is a bit special as it is a formal dispute resolution process. If you feel there were serious procedural irregularities which affected the outcome of the case and you feel that the decision should be reversed or a re-trial ordered, you need to use the proper formal procedure which would mean applying for permission to appeal. I must warn you that it is extremely difficult to contest case management decisions such as the kind of evidence allowed and non-compliance with court deadlines. If you felt the evidence was false you had an opportunity to contest it in court, and the court does not usually strike-out claims for non-compliance with deadlines (there are usually a number of warnings given before you get to strike-out).

 

My understanding is that there is no fixed time limit to receive a copy of the judgment. You can always call the court and check.