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Yeats

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About Yeats

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  1. Thanks Ben. So the rules just don't apply at SPO stage, as it is at the original repossession hearing that any objections would need to be aired? yeats
  2. Hello all, this thread is good news. However, does the protocol apply to cases where there has been a Suspended Possession Order granted? Or can they go still go straight for the jugular if they have one? yeats
  3. I'm bumping this for you - good advice needed.
  4. Thanks Trojan. We are not trying to get money back for the cover, they are asking us to pay for the whole year as we neglected to inform them that we no longer required their cover. We just need to know where we stand legally and the strength of our position if they decide to take it to court. We need to know if they can renew for the whole year without a signed agreement and if they can hit us for the 12 months payment, or until they cancelled the agreement. Thanks Trojan, maybe you can help with this as you seem to know your stuff.
  5. That's exactly it Craig. We don't mind paying for the two months before we cancelled, but don't really want to (or can afford to) pay for the whole year twice. We just need to know where the law stands with this so we can point to this when we offer to pay for the time before cancellation. Thanks
  6. Thanks Craig. No, there has not been any claims in the two years we had the policy. Does this mean they can legally renew a policy on a verbal instruction without then seeking a signature? And then ask for the whole amount without a clause in the contract?
  7. Evening all. I have some involvement with a local football club and we are having some threatening letters from an Insurance Company that provided us with Public Liability Insurance last season. We verbally agreed to a renewal policy for this season, but were automatically covered by our County Board and so never made any payments for the current season. They are now demanding the whole payment in full (from March 2010 - March 2011) and we only want to make a payment for the two months that we neglected to pay for and did not inform them of the cancellation (change of secretary led to some confusion). They are stating that a signature is not required for Insurance renewals and also that once the renewal is in place, early cancellation is met with a demand for the full amount. Where do we stand? I thought that a verbal agreement was only temporary and had to backed up with a signed copy asap. I can not see any clause in their policy for early cancellation either. Thanks in advance.
  8. Thanks Diddydick, very useful. The DN is invalid. It's one of those "14 days from the date of this letter" jobs. This is the permission to appeal hearing - is there another chance after this then? At the CCJ hearing, they argued (successfully to the point that the DJ told me I would be wasting the court's time if I even put forward my DN argument) that this is not a default case! It's an Amex running credit agreement, so definitely is.
  9. I take your point about the re-run diddydick. What would be the point ordering a re-trial when the outcome would be the same? But I think what should be done if I present a poor case is that the costs for the last hearing and the appeal should be wiped, as they should not have been allowed to be added to the CCJ total and are one of the reasons why I decided to appeal. This would constitute a part success for me, as these costs were added in the 24 hours before the hearing. Do you think that could be argued if all else fails?
  10. I suppose the question must be what will the DJ do about it? Can he ignore the two CPR indiscretions and back the CCJ if my other argument fails? If so, what is the point of the CPR if they may be broken, seemingly at will? yeats
  11. Thanks for all your input. Sounds like it is a side issue then, more than a reason for the CCJ to be set aside. I was hoping it would be more than that. I can kind of see the point about the trial bundle, as I can argue against it at the appeal anyway, but thought that the costs awarded (with CPR being very clear on this) should invalidate the CCJ, as the amount on the CCJ must subsequently be wrong. yeats
  12. Thanks. It's not so much that anything is missing, more that the CPR have been totally ignored by firstly the other side and secondly the DJ when allowing the trial bundle and costs sheet. I realise that I didn't object, but surely the appeal must succeed due to the ignorance/non-compliance by the other side OR the DJ? After all, I am a LIP and the CPR should protect the likes of me from this sort of hijacking. What is the best way to argue this in court? yeats
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