Marlin/Mortimer CCJ HFC Marbles Card - Set Aside Help **WON plus Costs**

[Spamalot]

Hi R&B,

 

Not one of my applications has had a time allocated to it... all I ever get is a covering letter saying 'It'll be dealt with at the hearing on 19th August at 2pm.... nothing else.

 

Perhaps they're giving me the whole afternoon... I now have, withdraw admission application, set aside application, and disclosure application all at the same hearing... hope the DJ doesn't have a liquid lunch before hand.....or do I?

 

Spam.

[r&b]

Hi R&B,

 

Not one of my applications has had a time allocated to it... all I ever get is a covering letter saying 'It'll be dealt with at the hearing on 19th August at 2pm.... nothing else.

 

Perhaps they're giving me the whole afternoon... I now have, withdraw admission application, set aside application, and disclosure application all at the same hearing... hope the DJ doesn't have a liquid lunch before hand.....or do I?

 

Spam.

 

lol...well he ll just be playing catch-up with u then:razz:.....

in all seriousness tho id be tempted to phone the court and see wots allocated. anything less than 2 hours and id say u dont think this is long enough to give u a decent hearing given the amount to get thru.

from my experience (last hearing) just the point of the CA took over 1 1/2hrs, mixed in with the procedural issues took another hour and we didnt even touch on the disclosure. depends on the DJ tho i guess.

[Spamalot]

Hi R&B,

 

Got a bit waylaid yesterday with my SAR from Halifax..

 

Thanks for the advice.. I'll give them a ring next week to find out the state of play with regards to timing.

 

Just out of interest.. when did you hear that there was going to be a rep for the other side at your original hearing?

I have no idea at the mo whether anyone is going to turn up from MC and I just wondered when you find out about these things..

 

Does the court inform you that the opp intend to object to the application or do you just find that out on the day...

 

It's all a bit puzzling to me at present and it puts 'one on the back foot somewhat'

 

Thanks,

 

Spam.

[robcag]

Hi Spam

 

It certainly does seem that they're piling quite a lot of stuff up to be dealt with at your hearing!

 

I see you're following r&b's tip to phone the court next week to try and get an idea of what's going on regarding timing and allocated court time, hopefully you'll speak to someone helpful as the staff are not all of that persuasion.

 

Hopefully the Judge will realise at the outset of the hearing if the time allocated is not sufficient to get through all your stuff on the day and will order an adjournment to a later date. I know that might be inconvenient for you, but it seems some of these Judges don't give a stuff about messing people around.

 

Anyway, although my comments probably aren't very helpful, you've taken all the steps you can so far, so I hope everything goes well for you, you deserve it!

 

I've been giving too much time to MC/M/P over the last few days so I've got to try and catch up with a few things that have been neglected and need attention, but I'll try and keep up with yours and r&b's threads, and I'll let you know any developments with mine! I think I'll put my set aside application on hold for a few days to await MCs response to my AoE opposition stuff, although I'll still be thinking about it and formulating the plan!

 

Cheers

Rob

[jon888999]

In my case MC wrote in objecting in a witness statement why my setasides shouldn't be granted. The witness statement was more aimed at undermining me then aimed at the court.

In the end MC didn't turn up.

The DJ was not at all impressed and granted me the set a side. I'm convinced he would hyave done anyway but you never know.

The letters from mc were aimed at pursuading me not to turn up.

[Spamalot]

Thanks Rob/ Jon

 

In my case MC wrote in objecting in a witness statement why my setasides shouldn't be granted.

 

Did you get a copy of that before the hearing or did you just find out on the day?

 

They've been strangely quiet as far as my case is concerned..

 

Spam.

[robcag]

Hi Spam

 

 

They've been strangely quiet as far as my case is concerned..

 

 

 

That's because they're busy with my stuff!

 

Seriously though, they're probably overworked if people are standing up to them! Hopefully they've bitten off more than they can chew if enough people are not just rolling over and submitting to them.

 

Cheers

Rob

[jon888999]

Thanks Rob/ Jon

 

 

 

Did you get a copy of that before the hearing or did you just find out on the day?

 

They've been strangely quiet as far as my case is concerned..

 

Spam.

I got a letter first. The letter was basicly telling there was no point attending cos I was wasting my time!

[Spamalot]

Hi all,

 

Just got off the phone to the court... They have allocated 20 minutes for the whole lot.. Office said that DJ will look at all the applications and give directions on the day.

 

I asked about whether I will be informed if claimants will be represented on the day and she said I will find out at the hearing...

 

Bit miffed cos everything seems so weighted to the advantage of the claimant all the time and it's always the defendant left on the back foot waiting for the big guns to make their move..

 

Oh well, not long to wait now.

 

Spam.

[r&b]

wouldnt get too wound up spam, i cant see how DJ will even start to make a decision given that timescale. be lucky if hes got time for the directions of all that;)

[robcag]

Hi Spam

 

wouldnt get too wound up spam, i cant see how DJ will even start to make a decision given that timescale. be lucky if hes got time for the directions of all that;)

 

I agree with r&b.

 

I seems almost certain that the Judge will have to order an adjournment of some sort to be able to deal with matters properly, as even if the time were to overrun it still wouldn't be sufficient.

 

I have read other threads where the Defendant has actually requested an adjournment.

 

Cheers

Rob

[Spamalot]

wouldnt get too wound up spam, i cant see how DJ will even start to make a decision given that timescale. be lucky if hes got time for the directions of all that;) Yes, bit of wishful thinking on my part hoping to get a set aside in one hit and get given directions to prepare defence..

 

Hi Spam

 

 

 

I agree with r&b.

 

I seems almost certain that the Judge will have to order an adjournment of some sort to be able to deal with matters properly, as even if the time were to overrun it still wouldn't be sufficient.

 

I have read other threads where the Defendant has actually requested an adjournment. It looks as if that's what I'll have to be prepared to do if he doesn't order one himself.

 

Cheers

Rob

 

I think by the time I've got all my papers out and sat down, my 20 minutes will be up... :-| I've been looking forward to this hearing for what seems like a lifetime and now it seems as though it may drag on for a while yet!

 

Not knowing how things will pan out on the day it's difficult to decide what to give the most preparation to. I shall have to give it loads of thought.

 

Anyway, thanks for the support R&B, Rob, I really Appreciate it.

 

Spam.

[robcag]

Hi Spam

 

I think by the time I've got all my papers out and sat down, my 20 minutes will be up... :-| I've been looking forward to this hearing for what seems like a lifetime and now it seems as though it may drag on for a while yet!

 

Not knowing how things will pan out on the day it's difficult to decide what to give the most preparation to. I shall have to give it loads of thought.

 

 

If you haven't been in court before, at least the hearing will serve to give a bit of a taster!

 

Cheers

Rob

Edited August 3, 2009 by robcag
Spelling

[Spamalot]

If you haven't been in court before, at least the hearing will serve to give a bit of a taster!

 

 

Very true!! Something to cut my teeth on...

 

 

Thanks,

 

Spam.

[foolishgirl]

Is it this week spam?

 

Wishing you all the best....FG

[Spamalot]

Is it this week spam?

 

Wishing you all the best....FG

 

Hi FG... long time no see Thank you.. the case is actually in 2 weeks on the 19th.. but I'll hold on to those best wishes til then if I may.

 

Strange turn of events today...

 

They've been strangely quiet as far as my case is concerned..

 

They seem to have woken up!!

 

Received a letter from MC today saying..

 

Without Prejudice

 

Re Phoenix V Spam

 

We write with reference to your application to Set Aside Judgement.

 

Our client is of the opinion the outstanding amount is due, however they are prepared to consent to set aside the judgement in an attempt to prevent uneccessary court action, provided you pay the amount outstanding in accordance with the terms of the enclosed Consent Order.

 

We look forward to your reply within 7 days, upon which our client's offer will expire.

 

( consent order requesting me to pay full outstanding balance... including unlawful charges on an unenforceable agreement not legally owned by them, at the same rate as the judgement enclosed)

 

 

 

:eek:

 

I think I have them on the ropes now... any comments please?

 

Do I ignore the letter or should I write back saying thanks but no thanks?

 

Obviously I'm not going to accept their 'kind offer' but I don't want the court to think I am being unreasonable..

 

Thanks

 

 

Spam.

[AndyOrch]

Ho Spam

 

Disregard their offer you wont look unreasoable as the above cannot be introduced into proceedings anyway,WP

 

Regards

 

Andy

[robcag]

 

Strange turn of events today...

 

 

 

They seem to have woken up!!

 

Received a letter from MC today saying..

 

Without Prejudice

 

Re Phoenix V Spam

 

We write with reference to your application to Set Aside Judgement.

 

Our client is of the opinion the outstanding amount is due, however they are prepared to consent to set aside the judgement in an attempt to prevent uneccessary court action, provided you pay the amount outstanding in accordance with the terms of the enclosed Consent Order.

 

We look forward to your reply within 7 days, upon which our client's offer will expire.

 

( consent order requesting me to pay full outstanding balance... including unlawful charges on an unenforceable agreement not legally owned by them, at the same rate as the judgement enclosed)

 

 

 

:eek:

 

I think I have them on the ropes now... any comments please?

 

Do I ignore the letter or should I write back saying thanks but no thanks?

 

Obviously I'm not going to accept their 'kind offer' but I don't want the court to think I am being unreasonable..

 

Thanks

 

 

Spam.

 

Hi Spam

 

A very kind offer indeed - NOT!

 

It looks like they're trying to give with one hand and take back with the other - sort of. Do they really think that you are suddenly going to find the alleged outstanding balance - plus some - and just hand it over?

 

They're trippin', they probably think they're doing you a favour!

 

Perhaps you really do have them on the ropes, let's hope so!

 

Just my opinion, but I wouldn't think there would be even a remote possibility that the court would think you unreasonable in turning down their offer, after all you're trying to get this thing set aside, not trying to find another way to pay an originally unenforceable debt which you are hoping to challenge as such!

 

Cheers

Rob

[Spamalot]

Ho Spam

 

Disregard their offer you wont look unreasoable as the above cannot be introduced into proceedings anyway,WP

 

Regards

 

Andy

.. Thanks Andy... thats what I wanted to hear.

 

Hi Rob,

 

Do they really think that you are suddenly going to find the alleged outstanding balance - plus some - and just hand it over?

 

May have misled you there in my post.. They are suggesting I pay it back at the same rate as I'm paying the judgement.. £xx.xx per month.

 

Apart from everything else, I've paid almost £200 on applications to get this far!! Why would I suddenly want to drop it?

 

The judgement includes their costs, but their 'consent order' orders each party bear their own costs.. so they already have theirs neatly tied up in the 'outstanding balance' but I bear my own... I'm wondering which banana boat they think I arrived on..

 

Thanks Spam.

[r&b]

Ho Spam

 

Disregard their offer you wont look unreasoable as the above cannot be introduced into proceedings anyway,WP

 

Regards

 

Andy

 

as andy says spam without prejudice cannot be used in court so as far as the court is concerned, its as if it were never written, making it very difficult for them to find u unreasonable....unlike them ill wager:???:

[AndyOrch]

I'm wondering which banana boat they think I arrived on..

 

They are most certainaly on the ropes Spam,it smacks of desperation to me stick to your guns and go get em I will be watching on the 19th.

 

Regards

 

Andy

[robcag]

Hi Spam

 

.. Thanks Andy... thats what I wanted to hear. Not only have they headed their letter simply 'Without Prejudice', they can't even use it for the purposes of costs - (not headed 'WP ... save as to costs' ). But let's hope that scenario doesn't arise.

 

Hi Rob,

 

May have misled you there in my post.. They are suggesting I pay it back at the same rate as I'm paying the judgement.. £xx.xx per month. No, it was my fault, I didn't read it properly! :oops:

 

Apart from everything else, I've paid almost £200 on applications to get this far!! Why would I suddenly want to drop it?

 

The judgement includes their costs, but their 'consent order' orders each party bear their own costs.. so they already have theirs neatly tied up in the 'outstanding balance' but I bear my own... I'm wondering which banana boat they think I arrived on..

 

Thanks Spam.

 

Cheers

Rob

[Spamalot]

Thank you all for your support and input..

 

I'll keep you posted of any further developments.

 

Spam.

[foolishgirl]

They're twitching spam. Stick to your guns - & then blow 'em out of the water.

[jon888999]

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