Lloyds claimform - OH's credit-token, Lloyds Asset Card.Here we go again

[shirei12]

Hi shirie im sorry i dont have time to help you at the mo, but i see Andy is doing youproud as usual, it looks as though thejudge is giving you what you asked for in your aQ so stick to that at the CMC, which is exactly what it says

 

Hi CCM,

Please dont apologise,you have been more than helpful & not just in this case;) I fully understand if you are busy with your own stuff. I am in the more than capable hands of Andy who along with yourself saw me through my last effort,and that was a very favorable outcome. I will stick to my guns,just got to get OH up to speed for the 14th.

Shirei

[shirei12]

hi shirei i bet you are exhausted i now i am following your thread :lol:what great advice and support you are having off andy:) sending my wishes its very hard to take in is,nt it

Hi Dora,

Yes I agree with you,it is a lot to take in. Just hope we can hold it together and dont make any fluffs . I will be following your progress as well, good luck.

Shirei

[shirei12]

Andy I wonder if you could advise on whether we should attend court for CMC.**** are advising me I don't need to,they have arranged for the call to come to our home phone. They couldnt work a dirty trick here could they??? Also wondering why they would send me a copy of their Draft Order for Directions.

[AndyOrch]

Hi Shirei

 

The fact is, if the claimant as requested telephone hearing CMC then its your option to either participate from home or from the Court,as long as you participate thats the main point.So no they are not pulling a fast one but you must clarify with your local CC which way you would prefer to participate and have it sanctioned from your CC, that you will be allowed to attend, if thats your preference.

With regards to the Claimants Directions I recall that you have had to request a copy of their AQ, this would normally show their intentions ie applications / draft directions.So I can only presume that with forwarding you a copy themselves, they have by way of courtesy served them now.So again no ulterior motive.

 

Regards

 

Andy

[shirei12]

Hi Andy,

Thanks for clearing that up for me,I would certainly feel more comfortable at home.With regards to the Directions,they ticked no application had been made but I have the letter from them stating they had requested SJ in May.Also no directions attatched,these are the ones they have listed for the hearing. Is there anything I should send to the courts for the hearing? Sorry to be a pain

[AndyOrch]

Hi Shirei

 

What draft order/Directions have you recieved?

 

Regards

 

Andy

[shirei12]

They came annexed to their application I received the other day.

[AndyOrch]

Need you to post a copy of the application and the proposed directions Shirei they may well be going for Summary Judgement at the CMC.Have they attached any Witness Statement?

 

Regards

 

Andy

[shirei12]

Good Morning Andy

There is a copy of application in posts 135 & 136. Would you like the Draft Order in its entirity,there are lots of dates! dont want to give too much info in case of **** lurkers, what do you suggest.

[AndyOrch]

Good Morning Shirei

 

Its ok just checked back.

 

"but I have the letter from them stating they had requested SJ in May."

 

This bit concerns me and you need to raise it at the CMC as it is misleading you into thinking they had made previous application yet they had not in their AQ. Did they state that they intended to? In line with the CPR rules and overiding objectives they are deliberatly trying to trash your defence/directions and therefore leading you into a false sence of stance.You should be on a equal footing with regards to defending this claim and attention should be drawn to the fact that the Claimant is avoiding the CPR.

 

Regards

 

Andy

[shirei12]

I dont understand what you mean by avoiding CPR This is a copy of the letter I got in May before my defence went in,it included was a standing order mandate. The following week I received a paying in book.

 

letter removed

Edited July 29, 2009 by shirei12

[AndyOrch]

Precisely what I mean.When litigation is instigated the Claimant and the Defendent must abide by the CPR (Civil procedure Rules) These are guide lines of which both parties are expected to conduct themselves during the procedures leading up to and during trial.

The above is a classic example of misleading you, that they had infact gained judgement so dont bother fighting this claim as you are wasting your time.You are suscribed to CAG and know different but to all else and sundry the above could be believed and adhered to.

I would advocate Shirei that you take time to download the CPR and digest it before your CMC the excercise will serve you well.The CPR and knowing how to use it, is a very powerful tool in litigation and the Claimants favour this when left with no option on how to respond to defences.

 

Regards

 

Andy

[shirei12]

I will do that Andy,thanks for the advice,how about the draft orders,do you want to view them?

[AndyOrch]

Yes please Shirei remove anything identifiying.

 

 

Andy

[shirei12]

I left the months in to give you some idea of timescale.

Edited July 29, 2009 by shirei12
personal removesd

[AndyOrch]

Ok Shirei

 

I wasnt aware that their application had been granted.This now basically puts you on the same footing as Dora.I see little need for a CMC to be held in view of the above order as the procedure is quite clearly layed out in timeframe.The Claimants have managed to vary the original order to disclose said documents by that date and have attained a little breathing space with regards to disclosure.However they must still disclose as part of standard disclosure by xxx August 2009.

Same advise to you then also Shirei (see Doras thread) you need to download the Disclosure form and prepare your disclosure at the appropiate time,again I would advise you same as Dora not to disclose until you have recieved the Claimants List.

 

 

Regards

 

Andy

[shirei12]

Ok Shirei

 

I wasnt aware that their application had been granted.This now basically puts you on the same footing as Dora.I see little need for a CMC to be held in view of the above order as the procedure is quite clearly layed out in timeframe.The Claimants have managed to vary the original order to disclose said documents by that date and have attained a little breathing space with regards to disclosure.However they must still disclose as part of standard disclosure by xxx August 2009.

Same advise to you then also Shirei (see Doras thread) you need to download the Disclosure form and prepare your disclosure at the appropiate time,again I would advise you same as Dora not to disclose until you have recieved the Claimants List.

 

 

Regards

 

Andy

 

No Andy they have not been granted!! Their covering letter says: We enclose a copy of an application filed at *** County Court for your information,and have asked that this be listed for hearing at the Telephone Conference due to be heard on the **********.

I have had no details from CC.

[AndyOrch]

Oh I see we were at cross purposes, that is what they intend to railroad through at the CMC.So infact if its refused then they have still not complied fully with the previous order and are looking to gain themselves an extension.

If they fail at the CMC Shirei you must force the point that they have yet still to comply with the original order and consider application to strike out .How long do they need to disclose!!!!

 

Regards

 

Andy

[shirei12]

Disclose ? Sorry I thought that was a question

[shirei12]

Why would they be granted an extension,they have admitted they dont have the original agreement that was ordered but they have used section 8 of the Civil Evidence Act in their application. Also they admit to no DN. These should have been filed and served by the 27th July:mad: I fail to see what an extension will provide.

[AndyOrch]

The Agreement they intend to rely on the Default Notice and proof of service and any other documents.Normaly if the defendent does not propose Directions in their AQ then the proceedure is the Claimant will have to disclose at Standard Disclosure along with yourself.All they have achieved by making application at a cost to them selves is put procedure back to normal timeframe and the avoidance of your proposed Directions within your AQ.So now if they are successfull at the CMC they have not achieved an advantage but attained a normal footing inline with standard procedure.

 

I trust that makes sense Shirei

 

Andy

[AndyOrch]

Why would they be granted an extension,Because they have made application to overide your Directions therefore putting the timeframe back in line to standard disclosure they have admitted they dont have the original agreement that was ordered but they have used section 8 of the Civil Evidence Act in their application. Also they admit to no DN. These should have been filed and served by the 27th July:mad: I fail to see what an extension will provide.

Nothing because they dont have them as you state, its not an extension its a knock out of your directions and puts it back to normal disclosure time.Think of it as a game of chess.

 

Andy

[shirei12]

Andy I cant play chess. How do I object to their application? if thats possible. Can I send a copy of the letter to DJ saying they have already requested Judgement Order,so why are they applying again

[AndyOrch]

Nothing to stop them making as many applications as they like whether they get it through is another question.I am just pointing out the pitholes in their attempts to confuse/undermine you.If they are successful with the application at the CMC then all it achieves is it puts the procedure back to normal timeframe.However they still have to disclose so nothing achieved.You must air your frustrations at the CMC how they have made attempts to mislead you ie the letter the application the draft order and introduce these at the CMC.

If the application is declined your original Draft Directions then superceeds everything and they are in contempt of complience.You then play your move with an application to strike out for non complience.I can not envisage the DJ allowing any further time to disclose so sometimes as you see applications can back fire particulary on the Claimant.

 

Regards

 

Andy

Edited July 28, 2009 by Andyorch

[shirei12]

I understand now Andy Can you point me in the right direction to download CPR.