mjt2013
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Everything posted by mjt2013
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Presumably you knew you had kids to drop off before you left though! You should aim to be at court 30 mins before . As I say, it's in your interests but of course it's up to you if you want to take the risk. Anyway, there we are.
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Barristers do not "pull stunts" to disadvantage LiPs, they are bound by a strict code of conduct. To the OP, you really shouldn't turn up late for a court hearing. Not only is it disrespectful to the court you could have found that the case had been dealt with in your absence.
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Lowells/Carter claimform - JDW cat 'debt'
mjt2013 replied to bambi2915's topic in Financial Legal Issues
I would absolutely tell the solicitors that you do intend to defend the claim and if they apply for default judgment you'll apply to have it set aside. The court won't do anything unless the solicitors tell it to enter default judgment so put them on notice immediately. -
Go on...
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In theory the hearing can be adjourned for any length of time, you may wish to suggest a reasonable timescale of a month or so depending on what your prognosis is.
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If you really cannot attend I would suggest you have 2 options: Ask for an adjournment so that the hearing can take place once you have the anxiety issues under control. Obviously this would only be feasible if you feel that you will in the future be able to attend a court hearing and you would need medical evidence. If you want to do this you should apply in advance for an adjournment or, cheaper but riskier, send a letter to the court with the evidence for the judge to consider at the hearing. Option 2 is as you say to send in a letter outlining your position for the judge to consider in your absence. Obviously this restricts the judge because he'll only hear oral arguments from the other side and you won't be there to address anything outside of the letter.
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The TinB acts for the creditors to realise the assets in the estate, not the bankrupt, so I don't see why it's a problem for a chosen TinB to be appointed as long as the creditors don't consider that he will favour one over the others.
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Didn't the Claim Form have a response pack with it telling the Defendant how to respond? If so, all the director needed to do was read it to find out how to deal with it. To me therefore it doesn't sound like a great excuse they're offering but, to be honest, it's the judge who has to decide the arguments and we could debate it forever and a day without it making any difference
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If there's no response to the claim you can apply for default judgment which is entered by the court staff without a hearing and can be enforced like any other judgment. However be aware that when you come to enforce the judgment that may well be when the Defendant applies to set it aside. I think you need to just decide whether to proceed with the claim, and in all likelihood find that an application to set aside is made before you get any money, or not. I don't really think there's anything else you can do to try and prevent an application to set the judgment aside.
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Really? That's a bit rubbish then! In that case the OP is probably best off reading Part 6 of the CPR on service of claim forms and making the best judgment call in light of the relevant Rules. I wouldn't advocate trying to be clever, just honestly do your best to comply with the Rules.
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It's not slander. You'd do better to focus on other things.
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Why not put all of the potential addresses on the claim form and send the pleadings to each? Seems the safest method.
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Yes, I believe that's correct.
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Do try not to worry too much about an adjournment, I only mentioned it just in case but it may well be that your hearing will be for a sufficient time.
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You should forget compensation for stress, that simply won't get off the ground I'm afraid.
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MKDP Claimform - old HSBC Card debt ***Claim Struck Out***
mjt2013 replied to girlie100's topic in Legal Successes
Firstly, are you sure it's a CCJ you've received and not a claim form? If it is a CCJ did you receive anything from the court beforehand so that you could defend the claim? -
As a very rough rule the more they have to say the more likely it is something in that will give them a possible defence but Andyorch is right, you need to analyse what they say when you've got the witness statement. It is also worth noting that some courts, for example one of my local ones, are in the habit of listing set aside applications initially for 10 minutes just to see if there are any issues at all and, if so, the application is usually adjourned with more time allocated to it. If this witness statement really is huge then you may find that it's dealt with by a very harassed judge who decides the application can't be heard that day. This may not be the practice at your court of course.
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You can raise the dispute before you've seen the documents. If your case is, for example, that you never signed a credit agreement then you can write that without seeing the document first. The idea is that you can't get to look at all of the evidence as a fishing expedition to see if there's some reason you can get out of it.
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It's far too petty to be relevant. As for the other point, sadly a lot of applications to set aside are from people/companies who were validly served but stuck their head in the sand and did nothing until attempts were made to enforce the judgment. A lot of judges will take a dim view of a failure to reply to a properly served claim but, in reality, part of the test is available precisely for Defendants who were properly served but didn't reply.
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Advice against the police over false evidence!!
mjt2013 replied to Lucky7even's topic in General Legal Issues
I think you'd need to take specialist advice from a solicitor who has expertise in police complaints, it's not really something this forum can help you with in my view. -
If it's a regular judgment then the test is whether they have a "real prospect of successfully defending the claim" or if there is "some other good reason" to set the judgment aside. The key words there are "real" and "good", they have to show grounds which are more than fanciful but the test is not really much higher than that.
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lloyds tsb court case ppi - should we throw the towel in
mjt2013 replied to bach's topic in Lloyds Bank
As the OP has told me not to post again then I won't so it's not a problem. -
lloyds tsb court case ppi - should we throw the towel in
mjt2013 replied to bach's topic in Lloyds Bank
Good, you absolutely should reimburse him. If you were a solicitor you'd have been used for negligence. I hope my other post was of some use to your friend. -
Almost certainly it will.
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lloyds tsb court case ppi - should we throw the towel in
mjt2013 replied to bach's topic in Lloyds Bank
You could be his Mckenzie friend, I'm not quite sure why you say you can't, and that may be enough support for him. You will need to file a notice of discontinuance if you want to do that, be aware your friend could end up liable for the other side's costs so far.
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