Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #121

    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Best of Luck LS...please update your thread on the outcome when convenient...good or bad.

    REgards

    Andy

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  2. #122
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    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Hi guys,

    Just out of court and the result is it's been adjourned for 56 days.

    The judge's first question was "Why has this been left for 4 years?" and the solicitor had no good answer to that.
    The judge also asked why they had submitted both a request that the stay be lifted AND an application for summary judgement at the same time.
    He said it appeared quite 'arrogant' for them to proceed on this basis.

    In all I spoke about twice as the judge was fairly insistent that the case made was severely lacking on the claimant's side and that it supported my point about them trying to avoid the statute barredicon clock.

    He decided to adjourn for 56 days to give them the opportunity to make a compelling reason why the stay should be lifted, before any further proceedings are forthcoming.

    He then turned to me and said that while he understood my point on reconstituted documentation, courts have in the past sometimes accepted that there is just no original paperwork and given leeway, so if it goes forward with a judge in that mindset "It will be curtains for you"

    As we were leaving, the solicitor asked if I could mail them a copy of my witness statement and then said he'll discuss with his firm and they'll make a decision about next steps - and that they may not proceed.

    So not out of the woods yet but it all sounds positive.

    Once again thank you to AndyOrch, DX100uk and the gang for armouring me for today.
    Greatly appreciated fellas.

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  3. #123

    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    well done
    hope you enjoyed it
    and wasn't as bad as you thought it would be...

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data download times and costs
    If you want advice please PM me a link to your thread. PM advice is not allowed!!
    DX
    RIP Martin3030

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  4. #124

    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Obviously the Judge has taken time in view of his comments to actually read your statement....and also the point of their application for SJ/SO.

    Wouldn't you think the Solicitor would already have a copy of the statement in preparation for the hearing...If you have already served one I wouldn't send another.

    Very positive LS

    Well done

    Andy

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  5. #125
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    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Quote Originally Posted by dx100uk View Post
    well done
    hope you enjoyed it
    and wasn't as bad as you thought it would be...
    I wouldn't say I 'enjoyed it' but it was definitely not as bad as I'd feared and actually far more interesting hearing the arguments from both the judge and the solicitor


  6. #126
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    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Quote Originally Posted by Andyorch View Post
    Obviously the Judge has taken time in view of his comments to actually read your statement....and also the point of their application for SJ/SO.

    Wouldn't you think the Solicitor would already have a copy of the statement in preparation for the hearing...If you have already served one I wouldn't send another.

    Very positive LS

    Well done

    Andy
    Thanks, fellas.

    Well it seems as if my statement has either gone astray or not been filed yet. I hand delivered it over 2 weeks ago but neither the judge not the solicitor had copies. I thought it might go against me but the judge was very non plussed. And as you allude to, he really seemed to take his time on every single page once he had my copy.

    The solicitor asked to read my copy in the waiting room, which I allowed, and then said "yes, we're not going to come to an agreement, we'll wait for the judge". So they haven't received anything from either myself or the court - worth sending or no?


  7. #127

    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Did you not serve a copy on the solicitor when you filed with court ?

    We could do with some help from you

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  8. #128
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    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Quote Originally Posted by Andyorch View Post
    Did you not serve a copy on the solicitor when you filed with court ?
    No, all I received was the application noticeicon from Shoosmiths which said I had to submit my evidence 7 days before the hearing but didn't specify to the claimant too. The solicitor mentioned it to the judge, but didn't really kick up a fuss about it and as said, the judge seemed fine with it.


  9. #129

    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Quote Originally Posted by LordSuggs View Post
    I've received a date for the court hearing - 3rd September. No request for a formal response in the paperwork yet
    Quote Originally Posted by Andyorch View Post
    There is ...its on page 2 of the N244icon which you didnt uploadicon...all responses (Witness statement) must be submitted not less than 7 days pre hearing

    Follow the following thread.....exact same stage as you.....application for strike out/summary judgment

    https://www.consumeractiongroup.co.u...-later../page3
    Look at the above thread (Post #30) which I referred to earlier on in your thread (10th May ) there are 2 pages to an N244icon...at point 10 it always states how the defendant should respond to an application.

    Your upload only shows 1 page and stops at point 5 of the N244.

    We could do with some help from you

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  10. #130
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    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Ah overlooked scanning that in - my page 2 is bereft of that sort of detail.
    In fact it's bereft of a lot of detail!

    Attached Files Attached Files

  11. #131

    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Or signatures...no wonder the Judge was not impressed with their application.

    Send them a copy then in case they raise it later...assuming they dont discontinue before hand.

    We could do with some help from you

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  12. #132
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    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Quote Originally Posted by Andyorch View Post
    Or signatures...no wonder the Judge was not impressed with their application.

    Send them a copy then in case they raise it later...assuming they dont discontinue before hand.
    Will do in the morning - thanks again Andy. Will keep you updated of any developments.


  13. #133
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    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Quote Originally Posted by Andyorch View Post
    Or signatures...no wonder the Judge was not impressed with their application.

    Send them a copy then in case they raise it later...assuming they dont discontinue before hand.
    They've responded and asked for a signed and dated copy. This board has me paranoid about sending them anything with my signature on it - is the signed copy a necessity? I could just use a signature font.....


  14. #134

    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Just do an unusual squiggle ...they don't know your real signature

    We could do with some help from you

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