GE Custom not playing Ball

[Bookworm]

Stick to your deadlines for now, the judge may or may not decide to grant them the extension, but you don't want to fall foul if he doesn't.

I wouldn't bother fighting the extension though, the judge will grant it if he thinks it justified. But if it is granted, then it should be both sides, yes.

[DIY13]

Originally Posted by Bookworm

Stick to your deadlines for now, the judge may or may not decide to grant them the extension, but you don't want to fall foul if he doesn't.

I wouldn't bother fighting the extension though, the judge will grant it if he thinks it justified. But if it is granted, then it should be both sides, yes.

Thanks Bookworm

My only concern is I have until the 29th June to send everything through. If they are granted an extension after I've sent my stuff through, they would benefit from having an extra month to prepare themselves based on my submissions.

Doesn't that seem a little unfair? I will comply wth the courts date but will be gutted if they get an extension after I've sent my stuff through to them.

I guess I have to make everything as water tight as possible, but then I'm no legal expert and they have one to represent them. I will put to the judge in court if it comes to that.

What do you think

[adamski]

It is unfair but you could do the same to them if it was the otherway round im afraid

[DIY13]

Originally Posted by adamski

It is unfair but you could do the same to them if it was the otherway round im afraid

Thanks for your reply Adamski

I spoke to the court this morning and I actually have until tomorrow to submit my info.

They haven't recieved any notification for an extension from the other side, so I'll be sending mine off today

[DIY13]

Well off I went to court with my bundle in hand in time for the deadline.

I also sent my bundle off to the defence solictors on the same day.

I recieved an amended letter from the courts showing the correct dates for exchanging statements. Original dates was 31st June?? as we all know there are only 30 days. I had spoken to the court and was told it should be 1st July which was 14 days after the date of the court letter.

I also checked whether they had received a request for the extension of time from the defendants. They confirmed nothing had been recieved from them. I was told to continue with the deadlines set down by the court.

TODAY i recieve a letter from the defendants solicitors saying: They have 'recieved my statements and I was a little premature in sending them and it should be 31st July. They have not looked at my statements and evidence as it will mean I am at a disadvantage. They will keep all documents locked away until after 31st July as not to cause any disadvantage' (yeah right!)

What do you make of this? I'm going to have to ring the courts tomorrow, but I'm really unsure of where this positions me. I've complied to all the courts directions and their most recent letter shows that both parties were sent the amended version with the date of 30th June.

Any replies appreciated

[Bookworm]

Well, you could always apply to have their defence thrown out and default judgment given to you since they haven't complied with court directions... There is a fee however (can't remember new tariff, used to be £35) and no guarantee the judge will grant it... Depends on how you want to play it, really.

[DIY13]

Just an Update

I spoke to the court yesterday. They say the defendants had faxed their request in for an extension but had been informed they had to do it on the correct application form.

Upto yesterday they hadn't recieved anything so really they well out of time. I was advised to send a letter into court to put on file that I have complied and they haven't.

As far as they are aware the original dates still stand so I have done the correct thing. I will be writing to the court tomorrow, lets see what happens next"!!!!

[DIY13]

Ok guys, I have date for 21st Aug. The court had allowed an extn of time to the defendants due to the court order being defective!! ok I can live with that.

I received their bundle with their defence including one witness statement of 2 pages!!! the rest of the bundle was all the info I had exchanged about 34 pages of info!!!

Now heres the best bit. I have in my possession the original agreement which shows a tick against ppi but no figures against it.

In their defence bundle, they have submitted an agreement which looks like a scanned copy that shows different info e.g. different date, figures and another signature from a person in the company and the figures filled in for ppi.

There agreement shows a date 12 days later than mine????

Is this something I can argue as a 'defective agreement' in court if they can not produce the original agreement?

Let me know your thoughts please

DIY13

[alanalana]

Hello DIY,

In their defence bundle, they have submitted an agreement which looks like a scanned copy that shows different info e.g. different date, figures and another signature from a person in the company and the figures filled in for ppi.

There agreement shows a date 12 days later than mine????

Is this something I can argue as a 'defective agreement' in court if they can not produce the original agreement?

Not fully sure on the defective agreement argument but you could use this which is listed in the Bank templates library - Draft Order for Directions. It referes to the Civil Evidence Act 1995.

First the extract from the Draft Order for Directions.......

e) if copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

(i) a copy of the procedure(s) used for copying, storing and retrieving documents
(ii) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)
(iii) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with
(iv) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

and then the link to the CEA1995......


Results within legislation - Statute Law Database

Hope this is of use

aa

[DIY13]

Originally Posted by alanalana

Hello DIY,



Not fully sure on the defective agreement argument but you could use this which is listed in the Bank templates library - Draft Order for Directions. It referes to the Civil Evidence Act 1995.

First the extract from the Draft Order for Directions.......





and then the link to the CEA1995......





Results within legislation - Statute Law Database

Hope this is of use

aa

Thanks AA

I will read up on this and let you know

DIY13