Ge money - Secured loan Fees reclaim - **WON AT COURTS DOOR** now after legal fees

[jaxads]

Hi all

 

Andy's offered some great advice this morning. Any comments from anyone re claiming under section 20 up to 12 years statute barred??

[jaxads]

I've not yet responded to GE's letter .. But have received notification that they intend to defend in full.

[jaxads]

Update - have written back to GE showing (some) interest in negotiating with them and requesting they clarify the offer. See what happens next.

[jaxads]

Received copy of full defence from GE's solicitors this morning. They're defending whole claim and saying claim is stayed until partner is added onto claim. Do I now just wait to hear from the courts?

[AndyOrch]

They want partner added as a co claimant?

[jaxads]

They want partner added as a co claimant?

 

Hi, yes it's a joint loan but only my name on claim form, so part of the defence is that they want it stayed until other party added as claimant.

[AndyOrch]

See CPR 19

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part19

[jaxads]

See CPR 19

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part19

 

Hi, thanks andy, but do I need to wait until I receive some notification from the courts first, before I do anything?

[AndyOrch]

Yes you need to make application (N244) on notice to the defendant to get permission from the court to add a party.

[jaxads]

Yes you need to make application (N244) on notice to the defendant to get permission from the court to add a party.

 

Still not received anything from court .... I'll just sit tight until I do.

[AndyOrch]

Still not received anything from court .... I'll just sit tight until I do.

 

You wont your move next

[jaxads]

You wont your move next

 

I thought I had to wait for a notice from the court re their defence (like jake17's post), but I'll do as you recommend andy re adding other party to claim.

 

Do I ned to respond to other points in their defence too?

 

The defence states that the POC are not supported by a statement of truth and are as a result, defective.

 

They go on to say POC not properly particularised, but have responded to each point in order.

 

The defendant says claim must be stayed until second claimant added (I will deal with that as above)

 

They deny loan is subject to unfair terms in consumer credit contracts regulations 1999.

They deny provisions relating to MCOB.

 

There's lots more too, which I'll add later.

 

How long do I have to respond?

[AndyOrch]

Hi jax

 

Well you have 28 days to respond to a defence and inform the court you wish to proceed.....so you need to get is sorted asap.

N244 without an hearing because its agreed between parties so the fee will be £55.

 

I would like to see their response (verbatim) before you make application if possible.

 

Andy

[jaxads]

Hi andy, I'll scan and upload defence later this morning making sure to remove all personal details, although they quote from my POC, as it wasn't numbered.

 

Thank you again for your time.

[jaxads]

Full defence attached, hopefully. Really not sure how to go about responding, so any comments would be gratefully received. I really don't want to back down now.

[jaxads]

Hi, any legal bods around that could have a look at ge money's defence please. I'm going to add partners name to claim as andy has advised above. Do I need to address all of their defence or does that wait until a hearing?

[AndyOrch]

You dont need to add your partner as claimant just because they have insisted... either of you can sue in your own names.

[jaxads]

You dont need to add your partner as claimant just because they have insisted... either of you can sue in your own names.

Thanks andy,

 

 

So do I not need do anything at all in response to their defence?.

[AndyOrch]

Have you informed the court you wish to proceed?

[jaxads]

Hi andy, I've not done anything since I received their defence, dated 15 April, am I too late?

[AndyOrch]

You have 28 days to respond or the claim is stayed...check the status with MCOL and if so you would have to make application to lift the stay and proceed.

[jaxads]

Hi, I've not done anything in response to GEs defence (as attached above) but the post this morning I've received NOTICE OF PROPOSED ALLOCATION TO THE SMALL CLAIMS TRACK, WHICH STATES

 

TAKE NOTICE THAT

 

1. This is now a defended claim.

A copy of the defence has already been sent to you by the defendant.

 

2. It appears that this case is suitable for allocation to the small claims track.

If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the small claims directions questionnaire (form 180) and explain why.

 

3. You must by 23 May complete the small claims questionnaire (form n180) and file it with the court office and serve copies on all other parties.

 

There are also forms about the small claims mediation service and if I'd like to use that.

 

 

Any help or advice gratefully received.

[AndyOrch]

Its just allocation of the claim to track now jax....accept the offer of mediation.....the n180 is simple to complete...don't forget to include the fee (if applicable).

 

Andy

[jaxads]

OK, done N180 and also advised that I'm happy to go to mediation and not a full hearing.Do I need to send payment at this stage, as the leaflet states:The hearing fee must be paid at the same time the pre-trial checklist is filed. If pre-trial checklists are not required, or the case is on the small claims track, the fees must be paid within 14 days of:- the despatch of the notice of the trial date or trial week or- the date when you are told the trial date or trial week, if no written notice is given.Am I on the right track here??

[jaxads]

Not much to update. They made an offer in July which I refused ... Still haven't heard anything re mediation ... Just waiting. Will update when anything else happens.