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Ganymede

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Everything posted by Ganymede

  1. How is this case going? I see that the trial is in 12 days...
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. Thanks. Just had a quick look at them. I really wish the OP would have shown us there draft Defence before filing it. I am really not optimistic about her prospects of success in Court having read the pleadings and the example Defence.
  9. With the greatest respect, I hope not. It's a very long winded Defence that reads more like a witness statement. It doesn't address the points in the Particulars of Claim directly. Has the OP posted up a copy of the pleadings? I can't recall.
  10. Why would you file and serve your Defence without posting it up on this forum first?!
  11. Very good point! With all the drama about the SAR I forget that this will be allocated to the SCT and not FT. Express still have a duty to provide disclosure though and should comply with the OP's request.
  12. No, ask for the documents I suggested today and ask for them pursuant to Express' duty of disclosure under the CPR. The DSAR complaint is a separate issue for another day. You need to get the paperwork you are entitled to as part of the Court claim. When is your Defence due I forget?
  13. 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.
  14. At this point copies of emails and telephone notes between you and Express should be requested as part of the litigation using the CPR. You can always apply for specific disclosure if Express don't comply with your request.
  15. Which is all great but detracting from the most pressing issue of what date is the Defence due and what are the legal arguments against this breach of contract claim.
  16. A SAR does not entitle the client to the full file of papers unfortunately. And at this point a full bill of costs probably hasn't been created yet as it's not been requested! Express can't disclose what doesn't exist!
  17. 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.
  18. The OP was recommended to ask for a breakdown and formal bill of costs earlier in this thread. However, it seems that the OP has focused on the DSAR and complaint to the ICO instead.
  19. What has a breach of contract Court claim got to do with the ICO?! It's interesting that the ICO think that Express should disclose transcripts of telephone calls though.
  20. Report the to the ICO on what grounds? What specific paperwork did you ask for? You are not entitled to the entire file of papers under a SAR and the Civil Procedure Rules cover disclosure of documents in litigation.
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