Arrow/Shoo's stayed claim since 09-13 - now going for Summary Judgement

[dx100uk]

has that n244 come from the court or the fleecers?

[mylonite]

from the "fleecers" we have also received a notification that it will be transferred to the local court from the court service themselves.

 

is there ant merit in doing a CPR 31?

[dx100uk]

heres the earlier CCa return as a PDF

theres no T&C's either?

[dx100uk]

from the "fleecers" we have also received a notification that it will be transferred to the local court from the court service themselves.

 

is there ant merit in doing a CPR 31?

 

 

no point in a cpr now

they must provide the exhibits 14 days before the hearing AFAIK.

 

 

have you a date yet?

[mylonite]

No date as yet, notification of transfer was only 4 days ago so I guess it will be a couple for weeks yet. There was T&C about 6 pages of generic ones, I can post them up if it helps?

[dx100uk]

yes please.

dx

[mylonite]

Please find attached.

CAG TandCs.pdf

[dx100uk]

were your details and the correct address for the time the card was taken out showing anywhere?

[mylonite]

Yes they were redacted on the original post.

[AndyOrch]

Please update your thread when you receive notification of the hearing date ..you will have to prepare a witness statement in response and object to their application.

 

Please upload copies of their application and witness statement (if any) redacted.

 

Andy

[mylonite]

 

Its uploaded already in post 22 Andy

many thanks

[AndyOrch]

So you have ..post the date when the court confirm

[mylonite]

 

Will do, we have had notification that it is being transferred to the court for the hearing. I am preparing a statement to refute their statement at the moment.

[mylonite]

We now have a date of 15 June for the court hearing, how do I defend this, any help appreciated guys.

many thanks

[dx100uk]

you've already defended it WS time post 37

[mylonite]

well shoosmiths won their case, despite only sending out an application (on a 2006 agreement) that was ticked not signed and no executed agreement.

 

 

No proof of how the sum was arrived at,

and despite it being a multiple agreement rolled up into one with PPI on top.

 

 

The DJ was satisfied that a loan had been taken out and that they were chasing the right person,

but criticised their approach of chopping and changing DCA's and to different solicitors and for not considering the consumer!

 

No point in appealing....

[dx100uk]

well you didn't comeback for any help with your WS

in which we could have helped you.

[mylonite]

I did actually ask for help on the 16 April DX100uk, but no response, I assumed everyone was busy, no worries its all done now.

[AndyOrch]

Your witness statement was checked..this is simply down to the quality of your District Judge mylonite who had no regard for legislation and most probably led by the claimants solicitor.

 

Post up once you have received notice of judgment and we can advise on your payment options...was their costs extensive given this was Fast Track?

 

Dont let it get you down we can win them all.

 

Commiserations

 

Andy

[mylonite]

Hi Andyorch, £3.5k costs,, 14 days to agree payment with Shoosmiths.. I appreciate that we can't win them all, but there was so much wrong with this one....

[AndyOrch]

So your in for 25k.....how would you propose to pay this...what is your financial situation ?

[mylonite]

Its not mine Andy, it's my daughters, she is not working at present, just finished Uni. I have no idea as yet what sort of proposal she could make, but it wouldn't be much.

[AndyOrch]

Post when you get conformation of the judgment and if its a forthwith.....then simply submit form N245 which includes an I&E and offer £5 per month.

[mylonite]

Many thanks Andyorch, will do.

[AndyOrch]

I take it your daughter has no property in her name and therefore there is little else for the claimant to turn to to execute the judgment further...they will have to wait until 416 years for payment...rather a pointless exercise and waste of courts time and resources..

 

As for your daughter she will only have to live with 6 years showing on her CRAs.