well had their costs schedule today -ridiculous, claiming over 5 hours or letter writing twice at £201 an hour -so £2000 in fees alone for that compared to our 1 claimed hour for both of us in reply! claimed £650 for photocopying trial bundle 122 pages (and was one by admin or secretary not a £200 and hour solicitor claiming all the hours of attending the hearing even though barrister attending the hearing on their behalf. absolute joke, unreasonable and not capped at any fast track rates. nor the court fees claimed

just has an email about claim 1 - trial 7 days away their solicitor- 'heres some further disclosure, your broker says you agreed to pg ' so just pay up and lets avoid cout! cue list of emails between two people , with no one else cc'd or copied in i said unless xx and xx have provided a witness st and are going to be cross examined at court, this is inadmissable hearsay (its never been disclosed) weve never seen or heard of any of it. (to note this was not presented as supplementary, paginated etc so obv was meant for my eyes only and hasnt been sent to court) they may have had a lovely conversation, but where are we involved or proof this has been sent or included to us (it hasnt) so bugger off

Back to claim 1 - just going through credibility of claimants witness staments which is all factually wrong , dates time’s etc but the best one has to be they state 7 June sent offer of terms blah bla (see doc xx) ( this is the fake email doctored of dates and times I know is made up ) but directly below state 6th June their broker accepted these terms (see file note xx dated 6 June) didn’t realise 1) your broker can do deals on your behalf 2) they can accept one day before being sent details of an offer !

It’s just annoying - We incurred costs and time - they brought an SJ to bully us into paying quickly realised , it wouldnt work in their favour when our evidence revealed - so last minute want to withdraw , we have consented they can do what they want and abuse the processes while we keep paying - still need to have a day off work and judge might not even want to talk to us according to court clerk

so we consented to withdrawal of SJ and the proposed directions submitted , so chasing today to see whats happening, has hearing been vacated so husband can go to work and court says its not vacated, but the judge has the agreed proposed directions to look at, at the hearing but it wont be looked at before then , the judge might not need to ring us, but wont know until the actual hearing! so has this become a case management hearing ? as we were told by courts solicitors to cancel counsel etc

Well it takes one thing off my plate for about 4-6 months - and if I win 5 March they have no chance with claim 2 - but we won’t know that until claim 1 is dealt with

Fast track

Development - that have asked for me to consent to withdraw the SJ in light of my written response this has cost me money - shall I say no and they have made me reveal my hand early !

i have a defence in law fully backed with evidence that requires a trial, i was actually advised to do an application for strike out of claim as no basis in law under statute of frauds in that no action should be brought without a signed guarantee, as the judge should award it as they have no evidence , that the signature is anything other than a company signature signatory lines on contract are (example names) between Mr John Smith Director for and on behalf of Just Cash Flow plc Mr James smith Director for and on behalf of xxxxx Ltd if i am singing personally then so is john smith not just cash flow all case law is that 'director for and on behalf of a company is direct clear unambigous capacity line leaving no doubt in which capacity you signed execution clause -is that the lender and borrower (company) AND any guarantor must sign Their claim is literally -'you signed it personally' yet no explanation or evidence of how they reached that conclusion has come out yet. but its too close to hearing to throw that in aswell, i just want it dismissed and them to pay i can do a strike out after, or they can settle for a small amount to go away

Their solicitor signed the n244 but they say the barrister is representing the company at the phone hearing - someone new to the proceedings the n244 does not state any representation or who will be doing it remember I wasn’t served anything and they ticked a box to get it done without a hearing hoping it would slip under the radar

They have responded with PR1 in bundle it’s short and as expected - application and loan agreement - and acknowledged reciept of mine within the 7 days so all timescales appear to be met and in order they included phone number for court of their barrister too - saying they will represent claimant - does that mean witness won’t be on zoom call ? Just the barrister , they didn’t include the witness number getting so scared - I have my barrister ready and written advice from another confirming advice of no enforceable guarantee - no written note or memorandum signed to provide a guarantee so unenforceable - not admitted or even claimed by other side oral agreement to terms of a guarantee that has been signed to get around second limb of statute - formalities of a clause preclude any argument over that (barrister words) so what Am I so scared , can’t find any possible legislation to go around the law - I might point out - they don’t know I have a barrister , they think I am just a litigant in person - with no knowledge , so maybe they could just win against an unarmed person ?

Ok , I think I’m panicking far too much , other side hasn’t done anything - there no contracts lodged at courts , evidence bundle they refer to in their WS with application Missing - no contracts served with claim form either (Checked with court again couple of days ago) I was never served the application , at all , had to get from court - otherwise I wouldn’t have a clue they need to give the court contract on what they are claiming and evidence bundle ‘PR1’ In electronic format by 5 clear days - (today) on me and the court if they want to rely on it if the court gives a direction of file and serve anything you rely 5 clear days before hearing does that overrule cpr 7 day direction for evidence to be relied on in summary judgement ? i have filed and served 15/2 for hearing 24/2 so I would like to think I’m covered either way but otherside not done it? do they have to do a trial bundle for an SJ ? for the hearing

Is it two clear days ? Or just two days ? as hearing next Wednesday , so would Monday be too late does it need to be Friday I filed costs and skeleton ? Or Monday acceptable

Court order is anything you rely on 5 days before ( but I read that as excluding weekends so really it’s 7 days and if it’s not day of filing 8 days ) that’s why did WS today when I asked court clerk about skeleton arguments , she said they judge said I could file one if I wished but do it at least 5 days before ( didn’t specify clear days etc - as done over email ) im worried the other side file one later two days before in response and the it’s all allowed , whereas I was informed 5 days before

ok that makes life easier , do i just send or do i have to agree to exchange i dont get the impression they are doing anything but waiting for this SJ unaware they even failed to lodge evidence with the application. i would rather after putting in WS Skeleton argument costs just sit back and see what they do but obviously i have to serve them , if i serve a skeleton arguement without agreeing exchange them they get an advantage i hate emailing them hes horrible and spiteful in his tone when i do

im going to submit a skeletal argument for the SJ, just to quote the case law and why it applies its drafted but i see it done in two ways i have done it with case law summaries from internet exhibited to it but i think it looks unprofessional, can i just list a reading list instead and not attach anything onlyl stating the issues with reference to the case only? it looks patronising to send a copy of a case to a judge,

thanks, it just seem you got punished for not putting costs in before hearing, although order for SJ hearing is anything you rely on to be given 5 days before hearing to all parties electonically -no mention of costs? would they have mentioned costs if i needed to do a schedule? i have placed WS and evidence with amended defence attached with the court today , as it is 5 clear days unless previous orders says different , but CPR says 7 days prior so to be on the safeside, i did today, what is the latest i can give to other side, as they still havent provided evidence in the 7 days and if i email copy today they will have time to put it in. they are really funny about service by email, so they make me email and photocopy and send (wasting my money and time) but the order is electronically only or sanctions- so can i just email only, they can photocopy their own

hi i need to do a costs form for the SJ hearing on the 24th and one for the trial 5 march do i just fill out form N260 with solicitor hours charged my LIP hours and barrister attendance and prep fee on these forms and send in? then see what gets awarded to what party?

Yes I’m inclined to agree , and do one thing at a time

great news barrister rolls over fees, if court adjourned on the day bank to SJ, been advised to put in an application to strike out claim (so it can be heard at same time as the SJ hearing)as no legal basis for cause of action, hearing is in 24/2/2021, so its late in the day but i think will help put it to bed. reason being, not defined as a guarantor, as a seperate agreement was required, they have confirmed they dont hold not signed in a personal capacity- signed as 'director for and on behalf of' which means no case can be brought under s4 of Statute of Frauds 1677, so case should be struck out. Section 4 of the Statute of Frauds 1677 provides that an action may not be brought on the following types of contracts unless there is a written note or memorandum signed by the party being charged or a person authorised by them: Contracts by the executor of a will to pay a debt of the estate with his own money. Contracts in which one party becomes a surety (acts as guarantor) for another party's debt or other obligation. Contracts in consideration of marriage. Contracts for the transfer of an interest in land. Contracts that cannot be performed within one year. so ive done and N244, can i just apply without notice to otherside so the fee is only £100? and email to court today will it be refused ? do i have enough time, if it is refused to pay balance of £155 for processing? can the other side object so it doesnt get heard? as the other option is await outcome of SJ and then do it

yes - i got an employee to sign both boxes and took it home for my husband to sign later , as he was working away my problem is i had no intention to sign a 'deed' its called a short form guarantee , it refers to itself as guarantee and agreement though out, literally only deed word is 'signed as a deed' in writing 2mm high above signature line my only pick up on its construction is the 'bank' is defined as such: 'Bank' 'inlcudes any person or entity to whom all or any of the rights of the bank under this guarantee are transferred.' shouldnt is say 'bank' -lloyds pox box xx company no xxxx etc , its almost too broad, saying we guarantee payment to any person or entity to whom all or any of the rights of the 'bank under' this guarantee are transferred. who has the rights of the 'bank under the guarantee who are we supposed to be guaranteeing ? no narrative is given anywhere you are guaranteeing lloyds bank this definition has got me stumped

ive sent over the court communication to him for advice , i dont want justice not served because im rushed through on a conveyor belt, or not at all and wasted counsel fees

we folded a business last march, so obviously over the last year ive dealt with the fallout. ive been tooing and froing with lloyds for a year overdraft on liquidation 5k loan on liquidation balance 14k honestly dont remember giving guarantee, but this was when the manager had stole all our money and i was running around like a headless chicken. i could have sworn, we didt (i tend to remember when i do it) they eventually provided poor copy of 'short form guarantee' its dated well after overdraft- so im definitely going to argue past consideration no consideration, if i can was going to use the usual defences for guarantee to loan- however they are saying its a deed- its not called a deed or any words used to that affect at all, just signed as deed above signature line, they cant tell me when it was sent back or delivered i really dont see it as a deed, or didnt realise it was i need to come up with a reason why its not legally valid or organise a payment plan, as i dint know how much longer i can keep them at bay. my husband for sure can use para 49 of the etridge principles to set aside his signature as unenforceable, but i dont know what my options are its a tiny thing - 3 pages long thing

HI, another one ive been keeping at bay since last march 2020 lloyds are demanding a payment under a guarantee - for a loan and an overdraft 1) overdraft of 5000 was in existence before guarantee etc, so as i see it guarantees cant be given in past consideration - i will fight them to the end on this 2) loan was at same time of guarantee doc, its presented as a short form guarantee, the word 'deed' is only used near a signatory line in tiny writing- you do not know its a deed unless you see that tiny writing ive complained over the year, its not a deed doesnt satisfy points of a deed, and received date is faded out completely asked many times for proof when it was 'delivered' now they finally come back after many months, saying we recognise as a deed, because of that tiny writing it doesnt need to be delivered date of signature is enough where do i go from here i can definitely argue about past consideration , cant guarantee something already in existence - or are overdrafts different.

an ideas on chances of my hearing not going ahead as in a block listing ? i have emailed court to see how many listed, but i cant afford to lose counsel fees, by being 'bumped' on the day is it usual that the other side seem completely blinkered, charging ahead with this arrogant belief the will win in seconds? it unnerves me , i have all my advice as it not being enforcable under so many reasons etc , this has been disclosed when trying to negotiate settlements ( met with a sharp no every time)-yet they appear completely unfazed what am i missing is this just a tactic right to the end to see if ill break?