Barclays PPI reclaiming as executor of Will - Issued Claimform - Defendants application for Summary Judgment

[dx100uk]

yes typically ppi court claims are made under 32(c) mistake

 

[hello12345]

I just put sect 32 on my witness statement, the defendant has replied with their Skeleton argument,

this is a small abstract from it:

 

The Claimant’s witness statement provides that it is, “Subject to Misrepresentation act 1967 and sect 32 limitation act 1980”, suggesting that the Claimant intends to rely on section 32 of the Limitation 1980 to extend time.

 

As to that: 

(a) Section 32 applies where:

(i) the action is based on the fraud of the defendant,

(ii) a fact relevant to the cause of action has been deliberately concealed by the defendant,

or

(iii) the action is for relief from the consequences of a mistake.  

(b) (i) and (iii) can be discounted, there being no plead of fraud or mistake. 

(c) As to (ii), there has been no allegation (in either the particulars of claim or the Claimant’s witness statement) that the Bank has concealed any material fact. It is also not understood how such an allegation could be made in this case given that the facts of the sale and the terms of the Policies were known to Mr at all material times. Indeed, at least in the case of Policies 8896 and 2501

[dx100uk]

not got the time to find a ppi POC.

p'haps not sec 32(c) 

 

but it's in the ppi poc.

 

dx

[hello12345]

Thanks, am I right in saying I only need to create a bit of a smokescreen to get this motion for SJ denied .If it goes to trial am I  allowed to produce more evidence or is this not allowed?

[hello12345]

I LOST on the limitations act, from what I can make out section 32 coincides with should of known or could with reasonable diligence have discovered it. 

The PPI wasn't mine so I don't know how they could say that.

The solicitor was rambling on for 30minutes going through the limitation act covering all scenarios it all sounded convincing and I don't think the judges know much about the laws, so the judge judged it on who was the most convincing.

 I now owe them 3000 pound in court costs and got 7 days lefted to pay it or I will get a CCJ.

 

If I don't pay their solicitor I guess they will get bailiffs. The judge told me to get the money they owe me on the 3 upheld PPI'S this equates  to 2600 pounds but I told her this wont be easy as they fob you off and I wouldn't be here now if they didn't mess about.

 

And as I thought I phoned Barclays to reissues the cheque for 1000 pounds and I sent the personal indemnity form off for the  further1600 pounds straight after the court case, I phoned them a few days to find out what was going on and as I guessed they are giving me the run-around.

 

If they don't pay the estate the £2600 I'm going to be about £4200 down including court fees and paying for probate  while I should of been £6500 up if they played ball.

 

What's your advice shall in not pay them the 3000 and get a CCJ and hope they don't come chasing for it?

Edited April 15, 2020 by hello12345

[dx100uk]

how can you get £3k costs against you in small claims court?

 

but yes the 1st line does make some sense sadly.

[hello12345]

They put in for a summary judgment and it wasn't allocated to a track even though we both agreed to it being a small claim in are DQ.

 

The Summary judgement application was put in after the direction questionnaires were sent. 

I'm sure it would of been a small claim but the summary judgement was heard before allocation.

 

I'm not the first person to have this happen

some guy went to claim 9500 off Santander and he got stung for 5500 in court costs on a case that was heading for the small claims.

 

What made it worse he didn't attend the hearing not by choice, but because he thought it was decided on paper and no oral argument was required.

Edited April 15, 2020 by hello12345

[hello12345]

Does anyone know the laws on solicitors and their practising certificates? Checking on the SRA (SOLICITORS REGULATION AUTHORITY) website the solicitor who filed the defence and DQ and summary judgement against me was Camille Sara Tewari . They registered themselves 10 days before the court case as a foreign lawyer on this site. It also shows them not holding a annually paid practice certificate, do they need one?

 

As far as I'm aware from my research  its a criminal offence for a solicitor in England and wales to conduct litigation without a practising certificate. I've emailed the SRA to double check if they were acting legally or not .

[hello12345]

I ask the banks solicitors company to see a copy of the solicitors practice certificate before I pay them, but they have failed to respond to my request, I'm going to pay them as time have almost run out for payment. I'm entitled to chase this up if I believe a offence has been committed.

Now I've also got to chase them up for the £2600 that they agreed to pay the estate, should be a lot more as they do hold some records of the loans because they date back from the 90s but I have the records of them.

Edited April 21, 2020 by hello12345