Welcome / Hegarty LLP Claim Form

[Ganymede]

Follow the Directions and do what you're told.

 

Do not miss any of the deadlines.

[Jimmy Jangle]

I understand that, but what documents am I to provide, is it basically everything I've accumulated during this entire thing?

[Ganymede]

Yes, everything.

 

Cards on the table approach.

[AndyOrch]

Anything relied upon...referred to..... or useful in assisting your defence.

[Jimmy Jangle]

Okeydokey. May need some help with sorting stuff out.

 

I'm thinking of mediation, as even though I'm sure I've got a solid defence, I'd sooner arrange to pay a smaller amount over x months just to get rid of it, any ideas?

[AndyOrch]

All parties are expected to participate in mediation.......irrespective.

[Jimmy Jangle]

OK, well I've called the Mediation Service; just have to wait and see what happens.

 

Andy, I may need a breakdown of what I need to be sending to the court & claimant - would it be OK for you to assist?

 

For example; any rulings I've referred to in the defence for example, what do I provide, if anything?

[AndyOrch]

There is no case law referred to within your defence...the only section you may want to swap up on and refer to is the CCA1974 and the sections referred to below.

 

7. Further, by reason of the fact that there is no document which has been signed by the Defendant containing a correct statement of the amount of the credit under the Agreement, and by reason of Section 127(3) of the Act, the Court has no power to make an enforcement order in respect of the Agreement because a term stating the amount of the credit is a prescribed term for the purposes of Sections 61(1)(a) and 127(3), prescribed by the consumer credit (Agreements) Regulations 1983, regulation 6(1) and paragraph 2 of Schedule 6.

[Jimmy Jangle]

So, you mean instead of what I submitted in my defence:

 

"7. As the Defendant was told the insurance was mandatory, this would make it a charge for credit as opposed to credit itself, therefore the agreement has been improperly executed, and thus is unenforceable. The Defendant refers the court to the authorities of Watchtower Investments Limited v Payne [2001] EWCA Civ 1159 per Clarke LJ, repeated by Lloyd LJ in London North Securities v Meadows [2005] EWCA Civ 956 at paragraph 31. The insurance premium was a charge for credit within Regulation 4 of the Consumer Credit (Total Charge for Credit) Regulations 1980 and not covered by the exemptions in regulation 5. As the insurance premium was a condition of the loan, then it was a charge for credit, as per Wollerton v Black Horse Limited (2010) LTL 10/05/2010."

 

I should use:

 

"7. Further, by reason of the fact that there is no document which has been signed by the Defendant containing a correct statement of the amount of the credit under the Agreement, and by reason of Section 127(3) of the Act, the Court has no power to make an enforcement order in respect of the Agreement because a term stating the amount of the credit is a prescribed term for the purposes of Sections 61(1)(a) and 127(3), prescribed by the consumer credit (Agreements) Regulations 1983, regulation 6(1) and paragraph 2 of Schedule 6."

 

Is that right, apologies if I'm being annoying, I just want to make sure I've got a good defence together should it come to that.

[AndyOrch]

I didnt advise you to use that in your defence...you added it off your own back and submitted 50 mins later.

[Jimmy Jangle]

I'm aware of that Andy,it was 2 days after your suggested defence, and with no one around to check on the day I submitted it, I had to go with what I had.

 

But that's long done now, so I just need to know how to compile my documents, in the event that they do pay the fee to take it to court.

[AndyOrch]

Well as they are in your defence...and I assume that you will expand further in your witness statements....then you will need the relevant case/law as exhibits to your witness statement.

[Jimmy Jangle]

Gotcha, so for the 3 cases I referred to:

Watchtower Investments Limited v Payne [2001] EWCA Civ 1159 per Clarke LJ

London North Securities v Meadows [2005] EWCA Civ 956

Wollerton v Black Horse Limited (2010) LTL 10/05/2010

 

Do I need to provide the whole documents, or just provide the parts I feel relate to my defence?

[AndyOrch]

Just the parts that you will refer to.

[Jimmy Jangle]

Excellent, was hoping that would be the case! Will I need to state the appropriate parts in the WS, or print those separately then reference in the WS? Date for fee is up, should I look to contact the court to check if it has been paid or should I wait until it has passed?

[AndyOrch]

Refer to the case in your WS by title and then (see exhibit no x) attach exhibit no x with the particular section you refer to.Yes contact the court to see if the claimant has paid the fee.

[Jimmy Jangle]

They paid on the 26th May.

 

Oh joy.

[AndyOrch]

Obviously intent on proceeding then....

[Jimmy Jangle]

As am I Andy!

 

 

Just got back into work from County Court (only 2 minutes up the road from my office),

 

 

filed the WS plus evidence and exhibits as I advised -

 

 

also did a disclosure at the start identifying all the documents and what I'd be referring to.

 

 

Only downside was the printer at work was doing double-sided printing (fortunately had plenty of room in binder)!

 

 

Again mate, I really appreciate everying you've done, no matter how small!

[Ganymede]

You don't need to file the WS with the Court usually.

 

The most important thing it serving it on the other party in time!!

[AndyOrch]

You don't need to file the WS with the Court usually.

 

The most important thing it serving it on the other party in time!!

 

4. Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing by 4.00pm on the 23RD JUNE 2015. This applies whether or not the document has already been sent to the Court.

The judge may refuse to consider a document or take it into account if a copy of it has not been sent to all parties as required by this Order.

 

5. Signed statements setting out the evidence (in other words, the facts or matters which you will want to rely upon at the hearing) of all witnesses (including you) on whom each party intends to rely must be prepared and copies included in the documents to be delivered by each part to the other party and to the court office.

Witness statements must:

(a) Start with the name of the case and the claim number;

(b) State the full name and address of the witness;

© Set out the witness's evidence clearly in numbered paragraphs on numbered pages;

(d) End with this paragraph: 'I believe the facts stated in this witness statement are true' (or words to that effect); and be signed by the witness and dated.

[Jimmy Jangle]

Still got until 4pm tomorrow for that though, and am going to provide by email (as the only new docs involved are ones I've created, rest is pretty much what they already have), I was far more concerned about getting it to the court as I'm at the Cheshire Show tomorrow!

[Ganymede]

4. Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing by 4.00pm on the 23RD JUNE 2015. This applies whether or not the document has already been sent to the Court.

The judge may refuse to consider a document or take it into account if a copy of it has not been sent to all parties as required by this Order.

 

5. Signed statements setting out the evidence (in other words, the facts or matters which you will want to rely upon at the hearing) of all witnesses (including you) on whom each party intends to rely must be prepared and copies included in the documents to be delivered by each part to the other party and to the court office.

Witness statements must:

(a) Start with the name of the case and the claim number;

(b) State the full name and address of the witness;

© Set out the witness's evidence clearly in numbered paragraphs on numbered pages;

(d) End with this paragraph: 'I believe the facts stated in this witness statement are true' (or words to that effect); and be signed by the witness and dated.

 

 

Are they the Directions in this particular case? Comply with the Order if so but the usual position for WS is the exchange, not file, but each Court is a law unto themselves (pardon the pun).

[Ganymede]

Still got until 4pm tomorrow for that though, and am going to provide by email (as the only new docs involved are ones I've created, rest is pretty much what they already have), I was far more concerned about getting it to the court as I'm at the Cheshire Show tomorrow!

Get it posted special delivery today then.

 

Be careful as email is not a valid method service unless specifically allowed for.

[AndyOrch]

Yes....Particularly always in SCT...not so much Fast Track