A & L Trying Court second time

[slick132]

Hi Bach,

 

Change A&L on the form to read "Bach" - clearly just an error by the court office.

 

Glad to hear you weren't too badly hurt in your fall............ and the dog, of course.

[bach]

Slick132

 

 

Have a fantastic day

 

Lynn

[slick132]

Shoosmiths have now produced what they say is "a true copy of the executed Credit Agreement and T&C's"

 

Bach has an Application to Strike Out being heard on 28th Nov.

 

http://www.consumeractiongroup.co.uk/forum/alliance-leicester/133862-l-trying-court-second-4.html#post1788639

[slick132]

Hi Bach,

 

I see you had a letter on 17th April 2007 from the court officer, after they'd spoken to Shoosmiths, saying:-

 

"No further pay'ts are req'd and any further corrs s/b directed to A&L, not Global."

 

Did you get any such letter from Global, Shoosmiths or A&L.

[bach]

Hi Slick132, Yes you are right I did recieve a letter from HMCS stateing

 

"No further pay'ts are req'd and any further corrs s/b directed to A&L, not Global."

 

I did,nt receive any letters from Shoosmiths A/L or Global with reference to the above.

 

Thanks for all yr help yet again, really appreciate it:)

 

Lynn

[slick132]

Hi Bach,

 

Noted, thanks. On the case re Witness State't.

 

[bach]

Hi All

 

Just thought I would let you all know how I got on in Court

 

 

 

Pasted in thread 98

 

 

Have a good weekend

 

Lynn

Edited January 8, 2009 by bach

[JonCris]

What's the gist of it, win, lose what??

[WormHasTurned]

bump

[citizenB]

Ahhh, bach.. come back and let us know how you got on.

[slick132]

I've told Bach her doc't has not re-linked properly and she'll d/w it asap.

 

I can say, for those interested, that Bach's Application Hearing went as well as can be expected and she's still giving A&L a run for their money.

 

So, despite the fact that Shoosmiths have now produced the (supposedly) original Credit Agreement, they haven't won their case yet and have more work to do.

 

Bach will post the Judge's Order asap.

[pt2537]

cheers slick me ol'e buddy,

 

looks like a spot of A&L Donkey filleting on the horizon then

[slick132]

Hey, PT.

 

Not sure if Bach's going to totally fillet A&L's donkey, but she held her own in court and kept her case firmly on the rails.

 

[citizenB]

Hey, PT.

 

Not sure if Bach's going to totally fillet A&L's donkey, but she held her own in court and kept her case firmly on the rails.

 

 

Thanks for the update, Slick.. sounds promising

[bach]

Hi, Sorry about the technical hitch with the link, hope this one works.

 

 

 

Thanks again to evryone who has shown interest and given so much support. Look like Im going to be needing yet more help in the New Year.

 

Still not received anything form Shoosmiths. My New Year wish that Shoosmiths don't apply in time. (ha ha ha I think not some how)

 

Happy Xmas to all and have a peaceful day

 

Lv Lynn

Edited January 8, 2009 by bach

[JonCris]

The court is saying that their claim, as it's based on the previous case, is an abuse of process & is therefore struck out in it's present form. The court is allowing them to resubmit a claim which should be based on different grounds from the original & if they don't it's struck out

 

Also by ordering the production of the agreement on which their claim is based the court is giving you the opportunity to defend against if it's not a true signed copy. If they are unable to supply the document then you need to ask the court to certify that no liability exists & that will stop them from repeating the process

 

I would say it's pretty much a win win situation for you Happy Xmas

[Goldlady]

Lynn our net nanny won't let me look at your document because of the xxx:eek:. I think I can look after 10pm:lol::lol:

[citizenB]

The court is saying that their claim, as it's based on the previous case, is an abuse of process & is therefore struck out in it's present form. The court is allowing them to resubmit a claim which should be based on different grounds from the original & if they don't it's struck out

 

Also by ordering the production of the agreement on which their claim is based the court is giving you the opportunity to defend against if it's not a true signed copy. If they are unable to supply the document then you need to ask the court to certify that no liability exists & that will stop them from repeating the process

 

I would say it's pretty much a win win situation for you Happy Xmas

 

 

Excellent news bach. Happy New Year

[bach]

Hi all, and Happy New Year.

 

I'm keping everything crossed in the hope that I receive no letter from A'Ls Solicitor tomorrow. The have untill 4pm, 2nd January to produce the order made by the Court. Now that would really be a HAPPY NEW YEAR:D

 

Thanks again for support will let you know what happens tomorrow

Have a good day

 

Lynn

[bach]

Hi all, I have posted another copy of the Judgement on post 98 as the other was,nt working.

 

I have received a letter from Shoosmiths regarding the Judge's request for Shoosmiths (A & L) to file Fresh Particulars of Claim by the 2nd January 09. They are exactly the same as the original claim form dated 27th Feb 08,but just presented in a different format.

 

I have untill 16th January 2009 to file a fresh Defence.

 

On the Judgement post 98 it states that

 

"Upon the Court indicating that at the resumed hearing their would be consideration of whether the Claimant required permission to make the Claim under CPR 38.7

 

At the hearing the Judge told the Solicitor to produce papers from Walsall County Court and stated that "Im warning if you do not produce these papers then the case will be struct without further hearing".

 

Any advise as to my fresh defence would be very helpfull

 

Thanks Lynn

Edited January 9, 2009 by slick132
corrected quote from Judgement

[citizenB]

Hi Lynn

 

I am unable to help with your defence..but that is a very supportive statement from the DJ isnt it ?. Good luck

 

I have put the link to post 98 below so peeps dont have to scroll backwards.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1882862.html

[bach]

Hi all,

 

Sorry about delay, but new scanner, I think Iv managed to work it out now,

 

Copy of the original Claim form from Shoosmiths Feb 08

http://i264.photobucket.com/albums/ii189/1bach/scan0004.jpg

 

This is a copy of letter from Shoosmiths, regarding the Judges request for Fresh Particulas of Claim to be submtted by 2nd Jan 2009

 

http://i264.photobucket.com/albums/ii189/1bach/scan0001.jpg

http://i264.photobucket.com/albums/ii189/1bach/scan0002.jpg

 

As you can probably see there seems no diference between the two, except for the actual format/layout of fresh procedings.

 

All help will really be appreciated with my defence, as I beleive this is the last shot at this whole saga.

 

Thanks again for all of your support it's been a very long 20 months, think we might be coming close to the end.

 

Lynn

Edited January 9, 2009 by bach

[bach]

Hi all, Just wanted to let you know, I have been into Court this morning 3hr session, Judge woderful, understanding, reasonable and very calm

 

Anyway Judge has order my case stayed until the outcome of the pending Court Case CCA Claims, I will be back in Court around APRIL 2010

 

Case started in 2006, have been to Court 7 times, Im learning so much,

just shows you how much you learn from this site and all with the help of everyone.

 

Just wanted to say many thanks to everyone who has contributed to my success's so far, you know who you are, but a big thank you

 

Will be back asking for advise in APRIL 2010

 

Many thanks again

Lyn

[citizenB]

Hi Lyn, I am pleased your court experience wasnt traumatic. You will be an expert when this is all over:D

[JonCris]

Well done:D