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salkirwi

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  1. Hi DX100 I have been reading about the Application to Recall. The more I read the more I am getting confused. Hence I need some advise or even a small hint please. As I understand it, I can only apply for a Recall when a case fits any one of 5 decision outcomes. These are: 1. where the sheriff dismissed a claim because the claimant did not send the court an Application for a Decision within 2 weeks from the last date for a response 2. where the sheriff made a decision because the respondent did not send the court a Response Form or a Time to Pay Application by the last date for a response 3. where the sheriff dismissed a claim because the claimant did not attend a discussion or hearing 4. where the sheriff has made a decision because the claimant did not attend a discussion or hearing 5. where the sheriff dismissed a claim because neither party attended a discussion or hearing None of the above applies to our case, as follows: Three of these conditions are dismissals, Numbers 2, 3 and 5, which in not in our case. Number 4, does not apply as it concerns the Claimant being absent from the hearing Number 2 is when the respondent did not send the court a Response Form. In our case we did submit a Response Form. My question is do I still go for Application to Recall or just go for an Appeal, as I have till Friday 21 January 2022 to do it? OR I am reading the wrong information section on the Recalls procedure? Thank you
  2. Thank you for the advice. In view that the Sheriff in issuing the court order he has ignored to observe that we have put the claimant to Strict Proof to disclose copies of: a. Copy of the Financial Agreement with the Original Creditor. b. Copy Default Notice c. Copy of Notice of Assignment (Assignation) My question is: Am I submitting for a Recall of the decision of the sheriff - ( Form 13B (2) Application to Recall) ? OR . . . Am I Submitting an Appeal – (FORM 16A The Simple Procedure Appeal) ? Thanks
  3. Firstly, Happy New Year to you all . . hope 2022 will be kinder. In order for me to put an appeal together, I would appreciate advise on two questions please: 1. The date of the court order is 09 July 2021, which is the same date of the last CMD, but we received the court order by email on 23 December 2021 and the written by recorded delivery on the 24 December 2021 (almost 6 months from the date of the order and receiving the order). . . . . . What is the position with the 4 weeks appeal period limit set by the Simple Procedure court? 2. Is there any knowledge information on the Forum on how to put an appeals together that you could point to please? Thank you
  4. Hi and Merry Xmas to all On Thursday, 23 December 2021, and just before Christmas, we received the court decision on the case. The sheriff decided to award Intrum the full claimed sum plus expenses of a rounded figure of £500. I am quite intrigued on the content of the order, as well as the length of time it took the sheriff to decide. The Sheriff said at the last Case Management Discussion, which was held 09 July 2021, that he will decide on the case within 2 weeks but it took six months. Plus should he either dismiss the case or move forward to a full hearing ? or am I wrong in my understanding? I am intending to appeal, as I feel this is quite strange and unfair for the Sheriff to ignore all submitted facts and rules in favour of Intrum, and I would appreciate the help and guidance, if possible. Thank you
  5. This is an update to the CDM, which was held yesterday. Intrum lawyer started with their usual shenanigan, claiming that he did not receive my email and the IA. Although, the Sheriff has it in his folder. Then the lawyer suddenly found the email in his email trash. The Sheriff asked him if he wishes time to digest the IA but he said No . . . he is happy to proceed, (clearly it was not in the trash and he knew its content) The Sheriff initially directed his questions to Intrum lawyer, discussing the level of expenses they are claiming. I am not sure why? since it should be capped at £150 for the size of the claimed sum. . . . Perhaps DX/Andy could comment on that? Then he turned to me verifying the content of IA. This is what I said: “The Claimant has failed to produce the 3 most important documents to this case, despite we have been asking for it since CMD in February 2021. These documents are: 1. Financial Agreement: The Consumer Credit Act 1974, section 78 is explicit regarding the requirement of the “Financial Agreement”. Without this document, the original Creditor and the current Claimant is not entitled to enforce the agreement. 2. Default Notice: The Consumer Credit Act 1974, sections 87/88, again, is explicit regarding the serving “Default Notice”. Without this document, the Original Creditor, and subsequently the current Claimant, had no right to terminate the agreement, or demand payment of any sum. 3. Notice of Assignment: The Law of Property Act, 1925, lays down the requirements for the Legal Assignment. One important requirement is Notification, which must be sent to the borrower (Notice of Assignment). In the Claimant case submission, there is no “Notice of Assignment” submitted. Hence, the Legal Assignment is incomplete; and therefore the claimant is unable to take enforcement action in their own right. The Sheriff then questioned our original admission submitted in the initial defence, in which we said that my niece’s partner paid partial payment, which was in agreement with the bank. He questioned why we have not formally submitted a change to our defence from that we submitted at the start of the case. I respond that the document we submitted on 10 March 2021 reflect our position at this case (Post #59). The Sheriff then asked me if we are changing our initial defence submitted in our response to the claim (i.e Form 3a) . . I said YES . . and I refered him to (Section 5) of our submitted document of the 10 March 2021. The Sheriff then siad he will consider the case within the next 2 week and make his decision. . . . End of the CMD Do I understand he is either going to dismiss the case or put it forward to a formal court hearing? . . any thoughts please DX / Andy ? Thanks
  6. I did indeed saw these but when you said in Post #77 to disclose IA NOW I thought there is an urgency that is specific to the submission of IA in relation to the timing of the next CMD. However, it is clear now . . . Thank you DX
  7. Couple of questions please: 1) Is there a set time for the submission of an IA before the next CMD? 2) In Section C1 of IA form (What orders would you like the court to make?) Shall I just ask for the sheriff to issue an absolvitor and grant costs
  8. Good afternoon DX . . . Just wonder whether you had a chance to review my updated draft IA ?
  9. Hi DX . . Thank you for the hints. Here is Draft-2 . . I hope I have covered all the important points. I am staying online all day Tuesday to respond and attend when needed Cheers Incidental Orders- Draft-2.pdf
  10. Good Evening DX I attach the draft IA . May I ask you to scan through it to see if I am on the right track, but please forgive my spelling and grammar . . I shall get better one day . Thanks DX form_9g-Draft.pdf Incidental Orders- Draft.pdf
  11. OK . . . does IA means “Interlocutory Applications” If it is can you kindly point me to where I can find some information on how to put it together please DX100
  12. No it has not . . I have just founded it amongst the data send to us by HBOS in response to SAR.
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