mjt2013
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Everything posted by mjt2013
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I assume it will be to arrange mediation if both parties wish to.
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lloyds tsb court case ppi - should we throw the towel in
mjt2013 replied to bach's topic in Lloyds Bank
This makes me really angry for your friend. Why on earth did you agree to help him with this when you don't know what the court process is? A free consultation with any solicitor would have allowed your friend to know before issuing the claim what the likely costs would be, he's been completely shafted. -
Carter/lowells court claim old catallogue debt
mjt2013 replied to Buzzybeee's topic in Financial Legal Issues
Absolutely, it's a negotiation but I just wanted the OP to be clear that it's entirely a voluntary process so if they arbitrarily decide to withdraw an offer or refuse one then there's nothing that can really be done. -
Carter/lowells court claim old catallogue debt
mjt2013 replied to Buzzybeee's topic in Financial Legal Issues
Having said that, although you don't have to respond within time it is essentially a 'voluntary' offer and can be withdrawn so just be aware that if you try to accept the offer further down the line there's nothing to stop the creditor saying ' sorry, too late, offer withdrawn'. -
Help Needed -- LLOYDS/SC M claim form***Settled by Mediation ***
mjt2013 replied to z4thras's topic in Legal Successes
Absolutely, you can't just do another defence. You'll need to apply and probably pay the wasted costs of the amendment. This is why disclosure follows pleadings in usual civil litigation, you shouldn't be able to get the disclosure and then decide what your case is (although everyone here seems to disagree with me ) -
Absent anything to the contrary the costs should be paid within 14 days. To the other poster; if a demand is set aside that doesn't extinguish the debt itself. Usually the next step for the creditor is to decide whether to issue a standard court claim or just give up.
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Did your wife have anything to do with the business? I see you say you were a sole trader which would suggest not. There's no general liability for a spouse's debt, unless your wife had some independent liability for the debt then she can not be chased for it any more than your next door neighbour.
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You must attend, if you don't then you will almost certainly lose.
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Help for mum with mobile phone debt that isn't hers
mjt2013 replied to rattters's topic in Telecoms - mobile or fixed
Agreed, I just wanted to make clear that I had considered it. -
Help for mum with mobile phone debt that isn't hers
mjt2013 replied to rattters's topic in Telecoms - mobile or fixed
As ever Ganymede is right. It would be one thing if your brother acted fraudulently and your mother didn't know but, at the end of the day, she allowed her name to be used to circumvent the fact that your brother wouldn't have been given a contract in his own name. As it turns out the company was right to be concerned. In theory you could try to argue that your mother was influenced or something but to be honest it's a non starter. -
OP, you want to remove the phrase 'ex gratia' because that doesn't mean what you must think it does!
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I think the best you can do if you can is see if your ex will complain but at the end of the day you've been vindicated and should just move on. The solicitors may well just say they acted on instructions and had no reason to believe their client lacked capacity, lawyers have to be able to safeguard their clients' interests even if it turns out they were wrong.
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MKDP & Barclaycard Claim Form***Strike Out***
mjt2013 replied to Shanidev's topic in Legal Successes
I've not read the whole thread so apologies if this should be obvious to me but have you complied with the first part of the order about sending a statement by 2nd Dec? There doesn't seem to be any order about the Claimant providing you with anything to enable you to do that so it seems you need to do it in any event. -
If it's to do with the in availability of witnesses or Counsel then it just means the court will avoid listing the case on days when key people can't attend because that would be a waste of time anyway. I suppose in theory it could delay the hearing of the case but it's just part of the process.
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help with claim against my wife by Sigma spv 1 ltd
mjt2013 replied to axident13's topic in Financial Legal Issues
You can defend on more than one basis if you like. For limitation purposes there must be six years without payment or written acknowledgment of the debt. A telephone call is not sufficient to stop time running. -
I would check that previous letter you had, I doubt it said you didn't have to attend rather it could have been informing you that there is a procedure for neither party attending.
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The problem with letters is that you can't be sure they've made it to the court file so can't be sure the judge will read it.
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I imagine it would be the register of title from the Land Registry proving you own the property but there's no harm in asking for whatever they have.
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What exactly did the order say? When a case is struck out there's usually a recital to the order explaining why. It should begin with "Upon" for example "Upon the Claimant not paying the hearing fee" so you know what happened. If a claim is struck out it has been brought to an end but not usually because a judge has considered it without merit, cases tend to be struck out because of a technical or procedural defect such as no one attending a hearing or an order not being complied with. You can make an application for relief under CPR r 3.9 which, if successful, brings the case back to life. The Rule has recently changed though to make such applications more difficult but have a look at the Rule and post back.
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It's sort of both really, if the CO is granted then when you sell the creditor will receive any surplus before you do and they could make an application to force you to sell but such an application is very rare and there's much more you can say to oppose it, it's a very different beast to this application you're currently dealing with. FYI, there are some posters on CAG who seem to have an obsession with the perceived difference between charges and restrictions and you can end up going down a real rabbit hole trying to understand how conveyancing law, equity and the Land Registry work. It's up to you of course how interested you are in that but I suggest you ignore it and just see the effects of a CO as being what I have described.
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OK, good luck.
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In fairness I think the people who have replied to your question do have some knowledge and/or experience of the issue but we can only give our opinions, we can't decisively tell you what you should do in your own best interests!
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It's your application so I'd recommend you attend. If the judge hasn't seen the other side's letter and no one turns up your application could be struck out.
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It sounds as though you're not in a position to offer monthly payments in any event (although you should if you can). I think this is probably something to take on the chin to be honest, most creditors with a CO take no further enforcement action and they could have done a lot worse such as making you bankrupt or sending in bailiffs. I am a bit concerned about that balance though, £13,000 is a lot of money and if nothing is being paid I can imagine the creditor seriously thinking about applying for an order for sale. I just don't think there's much you can do at this stage unfortunately.
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You should at least give some details of your proposed defence, the best thing would be to attach a draft to the application.
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