Ganymede
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Everything posted by Ganymede
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There is a Claim Form, but was there nothing else enclosed? It seems to have been sealed by the Court too so is legitimate. As has been mentioned, you can't reply or deal with this claim on anyone else's behalf or argue the case etc. Pass it immediately to the insurance company to deal with, although they probably already have. The repairs outlay is being recovered on behalf of the insurer as part of the Claimant's claim. Perfectly normal.
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It's not just a random Joe Public though, it's their own customer. I would imagine the OP agreed in the insurance T&Cs to allow the insurers to bring a claim in his/her name and to cooperate with them. At the end of the day, if the OP wants his excess, load of earnings and hire back then just go along with it. The insurance company will cover the legal fees if the case loses.
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I personally don't think a SD would work, but get some independent legal advice due to the large sums involved. Was there a Deed of Trust or anything in writing to say that the £300 would be paid paid first and then the remainder split 50/50? Also, the two remortgages would need to have been approved and signed by both your relative and the ex. I'm not sure her being "bullied" is going to be a get out here either.
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It may be worth considering if it's affordable to to OP. Just another option I'm putting out there for the OP to consider.
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If the OP is able to bring the original judgment arrears up to date then they may be more successful getting a re-determination. Not sure if this is financially viable for the OP though.
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Why can't the OP apply to be paid vary to monthly payments now? I also agree that Solicitors won't add much to their defence of an OFS. OFS are issued under CPR part 8 so there is very little scope for defending them. It's very unlikely an OFS will be granted if there is little or no equity in the property, it's a relatively small debt or if children or vulnerable people live there.
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The OP needs to ask Express for copies of: * Signed CFA and schedules. * Signed T&Cs. * Signed authority to commence. * ATE policy schedule and information. * All postal and email correspondence between the OP and Express. * All telephone notes between the OP and Express. Not as part of a SAR but under the CPR. Also a full breakdown and bill of costs. This needs to be done today.
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If a case is funded by a CFA and ATE insurance policy then you would not expect to be charged or billed anything if you follow your solicitor's advice but the claim is unsuccessful. Providing the client has not been "fundamentally dishonest" about their claim then they won't have to pay the other side's legal costs if the claim is unsuccessful either. These are covered by "Qualified one way costs shifting". However, if the client breaches the CFA by refusing to cooperate or follow their solicitor's reasonable advice then the solicitor can sue their client for the legal costs and disbursements incurred up to that point.
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