Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Hi I hope all are ok in these trying times. I assume most of us will be in the same situation with employment etc. I am obviously still intending to follow through my complaint against MB. However I do have to make decisions as I have found myself as will most people at this time left with a reduced minimal income, with all I can forsee is an impending up hill struggle for the forceable future. So not sure what, if any options I still have, I am presuming VT was only an option earlier on and a court CO excludes that option, I cant continue to honour the finance payments and cant even begin to estimate any timescales I would be again financially stable. So im basically trapped but want, no I need to get rid of MB all together, they can have the car and I learned the expensive way! MB recently emailed a letter (which is copied below) in it they refer to a recent termination, this is the part that is very confusing as its my understanding they terminated the agreement in March 17. They also inform they have placed the collections on hold, but then heres the cheeky bit, they do however want me to basically store the vehicle, tax and insure it, as per the agreement (the agreement that they already state was terminated) until they continue with their collection process; Due to the Coronavirus (COVID-19) pandemic currently affecting the UK and wider world, we’re emailing to update you on what will now happen regarding the collection of your vehicle, following the termination of your Moneybarn vehicle finance agreement. We won’t be collecting the vehicle at this time Normally, following termination of your agreement, we would arrange for an inspection and collection of the vehicle. However because of the current Government imposed lockdown, we are not currently able to collect vehicles until further notice. What will happen next? Nothing for the moment. We’ll contact you as soon as there are any developments in the Government’s stance and we know that we’re able to resume our normal vehicle collection activity. What do you need to do? We would appreciate if you can please keep the vehicle taxed and insured for the time being, as per the terms and conditions of your finance agreement. We hope this information is helpful and clear. Please stay safe and well, and if you need to contact us with any questions, please check out the latest information on the best way to reach us at So they state termination, then expect to lay down instructions for me to comply with as per my finance agreement T&Cs. To look after the vehicle that they do intend to continue collection of. If everythings terminated and in other words I have no right to the vehicle, Im not prepared to comply with instructions in line with a non existant agreement (I dont have to) and have a good mind to charge them storage. However l would much rather just leave the car, send off V5 to change ownership and be done with it and consentrate on getting justice for their mistreatment.   
    • No it isn't funny, but there have been murmurs on Social media, dfesn't take much for twitterati and FaceBork to go off on one. Some in our area have been on about shooting the Goats in case they spread the virus, people in a panic are unpredictable.
    • If she has had a note from the NHS saying she is vulnerable and should shield, then she should stay at home, and there are special regulations for this   If not, she has choices a) go to work; asking for a copy of the risk assessment, and how she will be able to be at less risk than usual b) see a GP about her stress and get signed off c) resign   Lots of people are anxious about the current situation. Lots of people also work alone in offices or far away from people or at home.     What people don't get to do, is expect their employer to keep paying them in full, for no work, because they are anxious. So, she needs to choose. I think b) seems right for her, but tat's just based on what you have said, and no idea what her job is.
    • So next knee jerk cull all pets? Maybe the Urban Fox populastion could spread it  there arfe many viruses that spread between animals,  but don't jump to humans Don't think they would be that draconian
  • Our picks

cab1ne

Cab1ne-Lombard-Shoosmiths **Claim Recieved** - ***WON***

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3186 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

A BASIC RUN DOWN OF EVENTS

23rd June 2006,

Approached a dealer regarding the purchase of a vehicle to use as a Taxi. The taxi was to be used by myself as a sole trader. (One man band)

28th June 2006

The dealer sent all the relevant paper work, Agreement signed and returned with a £500 deposit on the same day.

7th August 2006

Agreement signed by creditor

18th August 2006

Vehicle delivered.

7th September 2006

First payment took from bank account

12th July 2007

Default Notice sent by creditor (none compliant)

15th August 2007

Termination Notice sent by creditor.

4th October 2007

The creditor instructed agents to pay me a visit. The first visit took place on 12th October 2007, the agents were instructed to:

(1). collect arrears of £866.16

(2). collect the next instalment due on 7th October 2007

(3). collect a £100.00 late payment fee.

(4). finally the costs of the agents fee’s.

If these could not be paid in full, the agents were instructed to re-possess the vehicle.

However the agents did not re-posses the vehicle as it was parked on my drive, they came onto my drive and wheel clamped the vehicle instead. Returning 7 days later to remove the clamp on the payment of £1839.86

(All witnessed by the police, complete with incident numbers and statements)

18th October 2007

Started a complaint via the Financial Ombudsman Service

25th January 2008

Default Notice sent by creditor (none compliant)

18th February 2008

Termination Notice sent by creditor.

27th July 2009

Final decision from Financial Ombudsman Service

15th October 2009

Default Notice sent by creditor (compliant)

10th November 2009

Termination Notice sent by creditor.

19th November 2009

Link Financial became involved

10th February 2010

Link returned to creditor

18th February 2010

Anglia Uk Ltd were instructed to re-possess the vehicle

26th February 2010

Anglia Uk Ltd re-possessed the vehicle

9th June 2010

Shoosmiths became involved

26th August 2010

Claim received via Northampton County Court (not the bulk centre)

28th October 2010

Transferred to my local county court and an order of 1 month stay to enable the parties to attempt settlement

10th December 2010

Creditor Applied for Summary Judgement

1st February 2011

Application for Summary Judgement refused

8th February 2011

Notice of Allocation to Fast Track commencing between 23rd May 2011 and 30th June 2011 with a time estimate of 1 day


Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

Share this post


Link to post
Share on other sites

UPDATE

 

The claimant has failed to adhere to the court directions.

 

List of documents had to be done by 1st March 2011.

i sent mine in time, they haven't sent theirs.

 

Witness statements had to be done by 20th April 2011.

i sent mine in time, they haven't sent theirs.

 

So i gave them a friendly phone call and asked them what was happening.

"long story short" i agreed to give them an extra 14 days to comply.

 

Two days later, they sent this.

 

CONSENTORDER.jpg


Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

Share this post


Link to post
Share on other sites

REPLIED WITH With reference to your letter dated 14th April 2011, the contents which have been duly noted, 1. I did not agree to a consent order: 2. We do not need to vacate the trial window. 3. We do not need to stay the matter for 3 months. 4. We do not need mediation. 5. I have on many occasions tried to come to some sort of settlement with your client regarding the above agreement, but your client has always insisted I put forward my payment proposals. 6. For example, on the 28th October 2010 District Judge Toombs stayed the claim until 9th December 2010 to enable both parties to attempt settlement. However this did not happen, on the 2nd November 2010, shoosmiths wrote to me informing me, that if I did not put forward my payment proposals within the next 14 days, i.e. by 4pm on the 16th November 2010, it was your clients intention to apply for summary judgement on the whole of the claim. Showing absolutely no intention to settle this matter out of court. 7. What I did agree to was to give you an extra 14 days from 14th April 2011 to deliver your list of documents and witness statement. 8. A Copy of this letter and a copy of your letter dated 14th April 2011, complete with the unsigned consent order have been forwarded to the court along with my pre trial check list. (Which we must complete and return on or before the 20th April 2011


Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

Share this post


Link to post
Share on other sites
REPLIED WITH With reference to your letter dated 14th April 2011, the contents which have been duly noted, 1. I did not agree to a consent order: 2. We do not need to vacate the trial window. 3. We do not need to stay the matter for 3 months. 4. We do not need mediation. 5. I have on many occasions tried to come to some sort of settlement with your client regarding the above agreement, but your client has always insisted I put forward my payment proposals. 6. For example, on the 28th October 2010 District Judge Toombs stayed the claim until 9th December 2010 to enable both parties to attempt settlement. However this did not happen, on the 2nd November 2010, shoosmiths wrote to me informing me, that if I did not put forward my payment proposals within the next 14 days, i.e. by 4pm on the 16th November 2010, it was your clients intention to apply for summary judgement on the whole of the claim. Showing absolutely no intention to settle this matter out of court. 7. What I did agree to was to give you an extra 14 days from 14th April 2011 to deliver your list of documents and witness statement. 8. A Copy of this letter and a copy of your letter dated 14th April 2011, complete with the unsigned consent order have been forwarded to the court along with my pre trial check list. (Which we must complete and return on or before the 20th April 2011

 

The cheeky little turds !!! another stalling tactic from them I see !Well worded reply by the way


Any advice I give, is given with the best intention of helping. I am not legally trained, so it is probably best to just ignore me;)

Share this post


Link to post
Share on other sites
The cheeky little turds !!! another stalling tactic from them I see !Well worded reply by the way

 

Thanx Rcl.

  • Confused 1

Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

Share this post


Link to post
Share on other sites

CAB

 

I think you've got them on the ropes! Go for the jugular! When they thought they would win they showed you no mercy. Now it's your turn to make THEM squirm!

 

Surely they should be done for contempt of court - missing all these deadlines?

 

Keep on fighting - and best of luck!

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

Share this post


Link to post
Share on other sites
CAB

 

I think you've got them on the ropes! Go for the jugular! When they thought they would win they showed you no mercy. Now it's your turn to make THEM squirm!

 

Surely they should be done for contempt of court - missing all these deadlines?

 

Keep on fighting - and best of luck!

 

BD

 

Thanx BD,

 

i understand what you are saying and i agree with you,

 

however i am getting just a tadd frustrated.

 

Ok,i have many arguments with these (whatever you want to call them) so i'll just Highlight My main Argument.(Briefly)

 

Conditional sale agreement Dated August 2006 (Pre April 2007)

 

Section 60 (1) of the Act.

 

The Secretary of State shall make regulations as to the form and content of Documents embodying regulated agreements.

 

Section 61 (1) (a)

 

A regulated agreement is not properly executed unless a document in the prescribed form itself containing all the prescribed terms.

 

Section 65 (1) of the 1974 Act.

 

Provides that an improperly executed regulated agreement is enforceable against the debtor on an order of the court only.

 

Section 127 of the Act.

 

Sets out the powers of the court upon an application for an enforcement order.

 

Section 127(1) of the Act.

 

Provides that the court shall dismiss the application if, but only if.

 

Section 127(2) of the Act.

 

Empowers the court (if it appears just to do so) to reduce or discharge any sum payable by the debtor.

 

Section 127(3) and (4). of the Act.

 

Sets out circumstances in which the court shall not make an enforcement order.

 

The court shall not make an enforcement order under section 65(1) if section 61(1) (a) (signing of agreements) was not complied with. Unless a document (whether or not in the prescribed form and complying with regulations under section 60(1) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

Section 113 (1) of the Act.

 

Provides (so far as material) that: Where a security is provided in relation to an actual or prospective regulated agreement, the security shall not be enforced so as to benefit the creditor directly or indirectly.

 

 

 

My Argument As in Wilson V First County Trust, 2000, 2001, 2003

 

If the court is barred from making an enforcement order, then the vehicle that provided the security for the agreement cannot be enforced.

 

 

 

Return of all monies paid and replace the vehicle or cash equivalent???? (Hope so)

 

However, I was at the time a sole trader, the vehicle was purchased for that purpose and the creditor was fully aware of that at all times.

 

This is were i could do with some “HELP”.

 

What Damages could i go for without being unreasonable.

Edited by cab1ne

Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

Share this post


Link to post
Share on other sites

"OK"

had a letter of discontinuence, i shall post up a bit later. maybe a "WIN"??????

 

dave


Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

Share this post


Link to post
Share on other sites

LETTER

 

LETTERNOD-1.jpg


Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

Share this post


Link to post
Share on other sites

NOTICE

 

NOTICENOD.jpg


Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

Share this post


Link to post
Share on other sites

Ask them for wasted costs. And then start your own claim against them for the money you have paid under the agreement


Any advice I give, is given with the best intention of helping. I am not legally trained, so it is probably best to just ignore me;)

Share this post


Link to post
Share on other sites
Ask them for wasted costs. And then start your own claim against them for the money you have paid under the agreement

 

thanks for the reply rcl,

 

however. would it not be better to set aside the discontinuance.

 

there is more to it than the money i have paid.

 

1, section 127(3)(4). return of all monies paid.

 

2, section 113. return of the vevicle or the value

 

3, section 87. invalid default notice and breach of the terms and conditions

 

4, section 92. took vehicle from private property

 

5, put me out of business, ruined my reputation,

 

dave


Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

Share this post


Link to post
Share on other sites

Bump


Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

Share this post


Link to post
Share on other sites

Does anybody know how to or advise me on how to set aside a notice of discontinuance??????

 

Also would a summary judgement be classed as a "JUDGEMENT" thus requiring the claimant to seek permission from the court to discontinue.

 

dave


Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

Share this post


Link to post
Share on other sites

also, the claimant has not complied with the court directions. i wrote to them and copied to the court giving them an extra 14 days to comply, and they still havent complied. would that be enough to have the discontinuance set aside.

 

dave

Edited by cab1ne

Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

Share this post


Link to post
Share on other sites

Bump


Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

Share this post


Link to post
Share on other sites

Did you decide if you want to go ahead with setting aside the discontinuance or you just going for wasted costs instead?


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

Share this post


Link to post
Share on other sites
Did you decide if you want to go ahead with setting aside the discontinuance or you just going for wasted costs instead?

 

Good Morning Wannabee.

64 million dollar question, well i think i might not need to go for set aside as it may be denied.

 

1. summary judgement

2. set for trial

3. failing to comply with directions.

 

my research so far tells me that due to 1 and 2, they would need my consent or leave of the court,

 

as for 3, that would gauruntee a set aside if needed.

 

however, if i went for the wasted costs what options would i be left with.

 

dave


Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

Share this post


Link to post
Share on other sites

Dave,

 

I am not sure that you can apply to the court for a set-aside on their discontinuance. Certainly the form you have included above does not say that, and normally court forms do tell you what you can and cannot do. I notice the only real option is that they may have been required to have your permission to discontinue (from the top of the form), but they feel that is not needed.

 

Did you ever in your defence put in a counterclaim for the restitution which you feel you are entitled to? If so I would have thought that since there is effectively a case still to be heard (yours against them), that might prevent their unilateral discontinuance.

 

Perhaps you need to telephone the court and ask them what you can do? Also perhaps flag your thread up for the input of one of the knowledgeable members of the site team?

Edited by IainHL
Grammar

Share this post


Link to post
Share on other sites

Hi Iain, and thanx.

 

the notice above is the claimants notice to the court and myself, not from the court to me.

 

PROCEDURE FOR DISCONTINUING

 

38.3

(1)To discontinue a claim or part of a claim, a claimant must --

 

(a)file a notice of discontinuance; and

(b)serve a copy of it on every other party to the proceedings.

(2)The claimant must state in the notice of discontinuance which he files that he has served notice of discontinuance on every other party to the proceedings.

 

(3)Where the claimant needs the consent of some other party, a copy of the necessary consent must be attached to the notice of discontinuance.

 

(4)Where there is more than one defendant, the notice of discontinuance must specify against which defendants the claim is discontinued.

 

 

RIGHT TO APPLY TO HAVE NOTICE OF DISCONTINUANCE SET ASIDE

 

38.4

 

(1)Where the claimant discontinues under rule 38.2(1) the defendant may apply to have the notice of discontinuance set aside(GL).

 

(2)The defendant may not make an application under this rule more than 28 days after the date when the notice of discontinuance was served on him.

 

 

 

 

the claimant did mention at the summary judgement with regards to counterclaims, and the judge shocked me a bit with his reply.

 

if the court found in the defendants favor regarding s127(3) and (4) as the defendant has stated in his defence, you must give back all the monies paid and s113 you must return the goods. (as in wilson v first county trust) i dont see were a deferndant would need to counterclaim, the court would be compelled to do that, the defendant has provided me with quite a lot of caselaw and you have not.

 

Southern PacificSecurities V Walker and another 7 July 2010.

 

26. As we see it, in order to succeed in this appeal, the borrowers would have to persuade the court that Wilson v First County was wrongly decided. However, in our opinion it was not.

 

dave


Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

Share this post


Link to post
Share on other sites

can this thread be marked up as **WON** please so i can move on,

 

after a lot of consideration and loads of reding up on recent cases (regarding pre 7th april 2007 agreements) i have decided to take them to court and change my status to claimant.

 

new thread will be started soon.

 

a great big THANKYOU to all the caggers out there with all the help they have provided.

 

dave


Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

Share this post


Link to post
Share on other sites

Thread title changed to ***WON*** as requested. ;)


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

thankyou cerb "that was quick" and citB (ignore my message)

 

dave


Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

Share this post


Link to post
Share on other sites

That is a big step you are taking cab1ne.. Best of luck :)


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites
That is a big step you are taking cab1ne.. Best of luck :)

 

i know it is "but" iam quite confident of a decent result, and very nervous all in one

 

dave


Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...