HFC Loan Court Claim-Advise needed

[SupermanX]

the court has scheduled a summary judgment on the same day as the claimant's hearing, eventhough i applied for a SJ without a hearing !

 

i'm now trying to settle this before SJ, they have refused to vacate the SJ hearing basedon the fact that we may need more time to settle, however they are willing to review the situation a few days before the hearing date.

 

Super

[car2403]

The Court won't be happy with that - if they wait a few days before the hearing, it's unlikely the hearing will be vacated in time. (It takes the Court 3 weeks to turnaround, these days!)

 

Anyway, not to worry, as you still need to attend the hearing and inform the Judge that you've tried to agree to a stay based on getting a settlement ready - so keep anything you have to prove that, as it will be useful later on, if it doesn't go to plan.

[caro]

the court has scheduled a summary judgment on the same day as the claimant's hearing, eventhough i applied for a SJ without a hearing !

 

i'm now trying to settle this before SJ, they have refused to vacate the SJ hearing basedon the fact that we may need more time to settle, however they are willing to review the situation a few days before the hearing date.

 

Super

 

These are just my thoughts on this but make sense to me. Although you may have asked for SJ without a hearing, the judge may want more information before deciding on that, maybe from you to see why he should pass SJ, maybe from the other side to see why he shouldn't.

 

If he then decides not to pass SJ, it makes sense to hear the case while both sides are there.

[car2403]

Even if you didn't ask, or pay for a hearing, the Court can still order that the application(s) be heard at a hearing on it's own initiative. Usually, where both parties apply for SJ, a hearing is a given anyway, as both parties clearly have issues with the claim that needs to be addressed - again, usually, these hearings come to very little, as the Court will be reluctant to award SJ unless it's clear that either the claim should fail on technical and equitable merits, or that the defence is flawed and cannot continue. Even if that is the case, the usual outcome is further directions for the future conduct of the case. (Which would mean amended POC if the claim was dodgy, or an amended Defence if the defence was dodgy, or both, being ordered - only if non-compliance happened would the claim be struck out, but it's still unlikely SJ would be awarded, even in these circumstances)

 

IMHO, the fact that both parties think they should get SJ, will mean that neither of them will - if you have enough evidence to even request SJ against the other party, there has to be a prima facie case to answer and a defence that at least needs to be tested by the Court in a final determination hearing.

 

The Judge won't hear the case at a SJ hearing neither. He may question the parties to establish if there is a case to bring and a suitable defence, but the standards required at this early stage are very low.

 

The best you can expect, should you get to the hearing, (and the other side turns up!) would be to seek directions for amended POC, followed by an amended defence, leading to full disclosure of witness statements and supporting documents prior to the final hearing being listed, IMHO. Oh, and remember to ask for the directions to be an "unless order", so that you don't need to go back to Court for a strike out, should they fail to comply with the deadlines - I'm almost certain the Court won't want another hearing on the same subject, so push the issue of saving the parties and the Court time, by asking for an unless order...

[SupermanX]

Thanks for your advise. To be honest with you, I'm a bit nervous for the hearing as I'm not sure what to say:???:

 

On a different note, do you know a solicitor that i can get in touch with a PPI claim that I have versus Egg credit cards,..i've posted this on the PPI section of this site but so far i've had no reply. I need to amend my POCs and submit my AQ before the end of next week.

 

Tks

[SupermanX]

we are still trying to agree settlement on this but as we have not reached agreement they have agreed to adjourn the SJ appliaction to the first available date after 28 days. They have suggested that we should ask the court for 30 minutes for the adjourned hearing.

 

I have the above confirmation on email, the original hearing is scheduled for Tuesday.

 

1) I also need to adjourn my SJ application?

2) Shall i write to the court, or attend the court to explain the situation?

3) are there any fees to pay? i believe it is £75

 

Super

[car2403]

If it's Tuesday, it's probably too late.

 

You should take a letter to the Court in person and ask the Judge to adjourn your application as well. It would be worth still going to the hearing, so you can just do this on Tuesday. (Or Monday, if the Court is near and you can go)

[SupermanX]

great tks car2403 as always

 

i will keep you posted

 

Super:cool:

[yourturntopay]

Any update on this case - as it is very similar to mine so i would love to know what happens please?

[SupermanX]

Hi

 

we have now agreed settlement on this, they want me to sign a consent order? they also want to apply to the court for the case to be stayed until full payment is made, we have agreed to a monthly figure not a lump sum over a term of xxyears

 

they also want to review my situation every 6 months, shall i agree to this? also I'm not sure how this would appear on the credit file?

[yourturntopay]

Have they agreed to freeze all interest and charges too???

[SupermanX]

yes

[AndyOrch]

Hi

 

we have now agreed settlement on this, they want me to sign a consent order? they also want to apply to the court for the case to be stayed until full payment is made, we have agreed to a monthly figure not a lump sum over a term of xxyears

 

they also want to review my situation every 6 months, shall i agree to this? also I'm not sure how this would appear on the credit file?

 

Hi Super I trust you are well,long time no chat.

 

Ok with regards to the above Consent Order their request are quite normal under the Consent so nothing to worry there.I trust you are happy with the final figure and your proposed payment instalment.

With regards to the stay this is normal and allows either party to seek recourse from te Court in the event that either party should seek a variation of the Order.In addition if you were to default on the monthly instalment,then the Claimant wold have recourse to the Court

The six month review is also standard practice to veryfy your I&E.

 

With regards to your credit file this will appear as a default and cannot be marked as satisfied (even though you reached an agreement).This is because Lenders are under a legal obligation to reflect the true position in accordance with the Information Commisioners Guidance.

 

I trust you are satisfied with the outcome of your case and clarifies your concerns..Well done

 

Regards

 

Andy

[SupermanX]

Thanks, yeh long time no talk, I've stayed clear of creditors

 

what happens if your income changes, can any party renegociate the terms? if there is no compromise would the current deal stand?

 

Super

[AndyOrch]

Thanks, yeh long time no talk, I've stayed clear of creditors

 

what happens if your income changes, can any party renegociate the terms? if there is no compromise would the current deal stand?

 

Super

 

Well naturally if your income increases the Claimant would like to renew the payment plan and if that fails between you and the Claimant then both have recourse to apply to the Court for them to decide and vary the Consent Order.But in most cases the Claimant would be happy to maintain the agreed payment/Consent Order

 

Regards

 

Andy

[SupermanX]

great thanks