Scania580man
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Will the Judge basically look at my Income and Expenditure and agree a weekly payment plan at the Re-determination Hearing?
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I didn't submit any form. I wrote to the Court and informed them that Shoosmiths had incorrectly completed their form and stated that I had not made any offer of payment and that I had been paying regular weekly payments for almost 2 years. The court then wrote and said the case was being transferred to my local court and the local court wrote to me with confirmation of a re-determination hearing. Thanks
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OH dear I cocked up a bit then. Well I've actually submitted a formal complaint to Shoosmiths so we will see what happens there apparantly they've got 8 weeks to investigate and get back to me. The Case has been directed to my local court and a Re-determination Hearing has been arranged for the end of March. Should I send anything to court in advance of this hearing i.e. income and expenditure? Thanks for all the advice.
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I did complete the bit on the form where I could pay by instalments but this form had to be sent to Shoosmiths and not the Court! Surprise surprise!
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Unfortunately I think Shoosmiths realised their errors and they submitted an acceptance to court based on the amount I had calculated the outstanding amount to be. I have now received a Judgement for the Claimant which states that the Claimant has accepted my offer of payment and the outstanding amount has to be paid in full which of course Shoosmiths know this to be incorrect. My offer was £10 per week which I have been paying. Also the judgment does not take into account the payments I have made since I submitted my Defence which is what the Judgement is based on. The Judgmenet statement that if the payment is not what I offered then I have to write to the court pointing this out. is this just an error by the court as it is still being dealt with by way of Northampton?
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I was wondering if I could make a formal complaint about Shoosmiths conduct and take it to the SRA?
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I have bitten the bullet and sent an e-mail to the court informing the court that Shoosmiths are aware that I have made an offer of payment and have been making weekly payments for some considerable time so I will have to see what happens.
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Well I have heard nothing more from Shoosmiths regarding trying to settle this out of court. Shoosmiths have now sent me a Notice of Part Admission. The good news is that they have accepted the amount which I have admitted but they have also stated on the form that I have not made any offer of payment when I have been making regular weekly payments and this was also in my Defence. Shoosmiths have requested that judgement be paid immediately which they obviously know I can't. Can I inform the court or shoosmiths that they have again got it wrong or will the court pick up on it.
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OK Thanks Andyorch
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Thanks I thought that was the case. I think I will provide them with an Income and Expenditure list which I have provided previously but I will submit again. I think I will also ask them to confirm that they will take Client's instructions on whether they are willing to negotiate to avoid Trial. At least if it does go to Trial and produce those e-mails to the court as proof that I tried to keep the matter out of court.
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Also, they are wanting the names and DOB's of my wife and son. Does this mean they will want to credit search them?
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I have now heard back from Shoosmiths and tey have stated that if I complete their statement of means form then they will take client's instructions. I have looked over the statement of means form and they want details of my employers, details of any belongings that I own e.g. jewellery, cars etc they want to know if i have any equity in my property, who has the title deeds, they want copies of HP agreements, copy of mortgage statement, copies of bank accounts. I am not prepared to give this information to them. My question is can Shoosmiths tell me that they won't take client's instructions unless I complete the form. This suggests that it is not Lombard requesting me to complete this form but Shoosmiths. I would have thought Shoosmiths would have to take client's instructions regardless. I am prepared to give details of income and expenditure but not complete the form they have sent. Shoosmiths have confirmed that they are now in receipt of my Defence, Any advice of what I can do? I don't want to complete all of their form because i guess they are looking at an attachment of earnings order which is really not necessary because I am making weekly payments and/or judgment secured on the property which I would like to avoid as they are probably looking at forcing a sale.
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Shoosmiths have not even acknowledged my e-mail so they are either ignoring the e-mail or taking instructions. I will keep you posted.
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I have asked Shoosmiths to ask if their client would be willing to settle the matter prior to Trial so I will have to wait and see if Lombard are willing to do so. I fear they won't because they have been hell bent on issuing court proceedings. I can only hope that the Judge will take pity on me and understand that I have paid off all my other outstanding business debts and that I have made every effort to keep this matter out of court. The judge should also see the errors that Shoosmiths/Lombard have made with regard to the outstanding balance. Fingers crossed Lombard will keep this out of court.
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Does anyone know if it is worth attempting to negotiate with Shoosmiths to avoid this matter going to court?
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