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)


Page 8 of 8 FirstFirst ... 6 7 8
Results 141 to 157 of 157
  1. #141

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

    Definitely contact the court to ask if the claimant has filed a WS with them - to which you can advise them that you've not been served with one. Hopefully they've not done a WS yet. The court can also confirm if the hearing is definitely scheduled for 18th Jan.

    Come back here and let us know the outcome ASAP, as the 7 day deadline for your own WS is looming.


  2. #142
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : Nov 2011

    Posts
    79

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

    Cheers guys.

    Just spoken to the court and the hearing is still scheduled for the 18th but the lady I spoke to said that no WS has been filed by the claimant.
    She said there is a backlog though, so it's possible it's 'in the system' (last time Shoosmiths were very persistent in sending me copies of their WS 3 times though)
    She advised emailing the court to explain the situation so it's on file.

    Follows
    0
    Following
    0

  3. #143
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : Nov 2011

    Posts
    79

    Default

    One week before my hearing and I've just received the WS from Shoosmith this morning!
    Letter from the Court said that their WS had to be in no later that 21 days prior to the hearing.
    They have dated it 10/01/19 - 8 days before - and I've received it on the day I have to submit my reply!
    At least they've signed it this time!

    I'll scan it in shortly

    Shoosmith WS uploaded.
    Is it normal for them to submit it THIS late?
    I'm guessing I just go ahead and prep a reply and get it into the court asap?

    From a first glance at their WS it seems like nothing new.
    "Not ideal that it's been left this long but we've kept the claimant notified about the debt with the same letter over and over."

    Attached Files Attached Files
    Follows
    0
    Following
    0

  4. #144

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

    thread tidied
    docs merged in 143

    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

    Follows
    1
    Following
    0

  5. #145

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

    As you state....nothing new there or reasons to why they think they can make application to the lift the stay and also request Summary Judgment within the same application...they do not appear to have headed the Judges words and smacks of arrogance.

    Fair enough to make an application to lift the stay......but it must proceed to trial and take its normal course....not simply request judgment without trial.

    I dont see any need in you submitting anything further

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0

  6. #146
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : Nov 2011

    Posts
    79

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

    Ok thanks, I'll get all my paperwork in order but leave off submitting anything.

    Given how embarrassed their representative was at the way the judge dressed him down last time, I'm surprised they want to go the same route.


  7. #147

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

    Have you uploaded all the exhibits referred to in the above statement ?

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0

  8. #148
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : Nov 2011

    Posts
    79

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

    My scanner only took the first page - fixed now.

    Attached Files Attached Files

  9. #149
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : Nov 2011

    Posts
    79

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

    Everything printed out ready for tomorrow afternoon
    - appreciate all the help getting to this stage guys.

    I'm assuming the judge will ask why I haven't submitted a reply to their WS
    - worth mentioning the tardiness of their submission or just stick to the fact that there was nothing new and the original reply still stands?

    Follows
    0
    Following
    0

  10. #150

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

    Court order stated you " may "...not that you had to......and their statement fails to address anything new or an reason for applying for Summary Judgement.

    Summary judgment is a procedure by which any of the parties or the court can dispose of all or part of a case without a trial where:

    • A claim or issue or a defence to a claim or issue has no real prospect of success and
    • There is no other compelling reason for a trial.
    (CPR 24.2)

    An application for summary judgment may be based on:

    • A point of law (including a question of construction of a document).
    • The evidence which can reasonably be expected to be available at trial (or the lack of it).
    • A combination of these.

    (PD 24.1.3)


    Best of luck for tomorrow...update your thread when convenient.

    Andy

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0

  11. #151
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : Nov 2011

    Posts
    79

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

    Brilliant. Thanks for everything Andy. Will update tomorrow


  12. #152
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : Nov 2011

    Posts
    79

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

    Back from Court. Did not go quite how I thought it would:

    Judge breezed past the point on why the stay should be lifted and said she could see no reason why it shouldn't be, despite the previous judge's statements. She then jumped straight into the main reasons of my defence, namely the unsigned agreement and the lack of a default notice.

    The 'tickbox' agreement - the claimant brought up Bassano VSicon Toft 2014 EWHC327 which found that an electronic signature was sufficient proof of the agreement by the signee. The judge agreed with him that this was sufficient despite the points I reiterated.

    The default notice: The claimant maintained that as the original agreement ran it's course, a default notice was not required. At first it seemed as if the judge was going to agree, but I cited section 87 of the CCA and she sat reading for quite a while. She said as the last £1 payment was made in 2009, clearly there had to be a breach of the agreement, which then falls under sec 87, but also under sec 86 the debtor was obligated to issue the defendant with a notice of arrears and the sums involved. Neither were provided by Egg to the claimant which means that 86d could be in affect.

    So I have just over 2 weeks to pull together a particularised defence on this basis and why the loan is unenforceable and said it had to be quite detailed. She requested that if either of us could find any other case authorities that would be helpful as she noted that it does appear that there are noticeable gaps in the claimant's paperwork and would like to see if this has been raised previously. Once submitted, the claimant would have the chance to respond before it being fast tracked to trial, with costs reserved. The last thing the judge said was that given the costs, she strongly advised me to get legal advice on this matter.

    So it was a bit of a rollercoaster hour in which at times I felt slightly out of my depth. But interested in any thoughts on where this currently is and if there are indeed any other case authorities specifically on the sec 86/87. Thanks


  13. #153

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

    You should have breezed back at her and stated forget lifting the stay...this application is also requesting Summary Judgment which the claimant has failed to state on what basis this application relies on.....as picked up by the previous District Judge xxxxxxx ?

    Anyhow I suppose we can only assume their application is denied as the claim is progressing now.

    " She said as the last £1 payment was made in 2009, clearly there had to be a breach of the agreement, which then falls under sec 87, but also under sec 86 the debtor ...the creditor....was obligated to issue the defendant with a notice of arrears and the sums involved. Neither were provided by Egg to the claimant which means that 86d could be in affect."

    " So I have just over 2 weeks to pull together a particularised defence on this basis and why the loan is unenforceable and said it had to be quite detailed."

    So the onus is on you with a detailed defence and not the claimant to detail why their claim is enforceable ?


    Section 86b CCA1974 is quite clear not sure why she requires case authorities which are irrelevant at county courticon level ?




    Well done on holding your corner though.

    Andy

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0

  14. #154

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

    Also Section 86b applies to this claimant not just Egg...

    (2)The creditor or owner—

    (a)shall, within the period of 14 days beginning with the day on which the conditions mentioned in subsection (1) are satisfied, give the debtor or hirer a notice under this section; and

    (b)after the giving of that notice, shall give him further notices under this section at intervals of not more than six months.

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0

  15. #155
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : Nov 2011

    Posts
    79

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

    I did attempt that point about the previous District Judge but I fumbled it a bit.

    Yes, the onus is on me to provide a detailed defence of why I feel the claim is unenforceable by 4th Feb, then the claimant can respond to it. Interesting on the irrelevancy of case authorities - not sure why - she asked for that when the claimant seemed a bit stumped on how to reply to the arrears point, saying she was concerned at the gaps in the paperwork. Wow that's pretty clear on 86b.

    Do you think there's anything further worth adding about enforceability of the tickbox agreement, or is that now moot and just fully focus it on default notice/lack of arrears notification?


  16. #156

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

    is it also worthy to point out that had it not been for all the wrangling and funny business by the claimant, Claim Issued 23rd April 2014, which halted the SB clock , that this debt would now be well statute barredicon?

    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

    Follows
    1
    Following
    0

  17. #157

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

    Quote Originally Posted by LordSuggs View Post
    I did attempt that point about the previous District Judge but I fumbled it a bit.

    Yes, the onus is on me to provide a detailed defence of why I feel the claim is unenforceable by 4th Feb, then the claimant can respond to it. Interesting on the irrelevancy of case authorities - not sure why - she asked for that when the claimant seemed a bit stumped on how to reply to the arrears point, saying she was concerned at the gaps in the paperwork. Wow that's pretty clear on 86b.

    Do you think there's anything further worth adding about enforceability of the tickbox agreement, or is that now moot and just fully focus it on default notice/lack of arrears notification?
    Well she stated a defence particulrasied as to why the agreement is unenforceable...so you will have to cover that again and also bring the points she raised.

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0

Page 8 of 8 FirstFirst ... 6 7 8

Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
We use cookies to personalise content and ads and to provide social media features. We also share information about your use of our site with our advertising and analytics partners. See details