Marlin/phoenix - Credit Card - N1 Received ** DISCONTINUED **

[Craftygirl42]

Can you point me in the direction of somewhere to find out how to word my application. I feel a little out of my depth and have limited computer access at the moment, due our desktop getting poorly with a virus.

 

Your help and support is really appreciated

[AndyOrch]

I will draft something for you later CG tad busy at the moment.

 

Regards

 

Andy;)

[Craftygirl42]

Thank you Andy it would really be appreciated. I need to get this into them over the weekend, if I am not being too cheeky. Will need to wrestle my teenagers net book off him at some point.

 

Thank you so much for helping me

[AndyOrch]

PS I will need the original Order and the amended order verbatum.

 

Andy

[Craftygirl42]

the original order said

 

the Claimant's list shall include a clear and legible copy of the loan agreement showing the defendants signature, the terms and conditions applying at the time of the signature, default notice and notice of assignment with evidence of service of the notice upon the defendant, termination notice if any.

 

The updated order states

 

clause 2c of the order of 15 November 2009 be amended to include a letter confirming that a reasonable search has been carried out to locale the required documentation giving details signed by the manager conducting the search in the archives of HSBC Bank PLC and/or of the claimant.

#

 

Not sure where the date of the 15th Nov comes from as the original was dated 22 October. Will try and pop on later in case you need any more info. Thanks

[AndyOrch]

"Not sure where the date of the 15th Nov comes from as the original was dated 22 October"

 

If you can check CG and make sure its an administrative error or are we missing a further order?

 

Regards

 

Andy

[Craftygirl42]

Just rang the court and it is referring to the previous order as I typed in, the judge made a mistake with the month

 

Waves to my guest, seem to have lots of them at the moment

[AndyOrch]

Have this ready for you tomorrow CG

 

Got sidetracked tonight with family.

 

Regards

 

Andy

[Craftygirl42]

No problem Andy, family comes first. I have only found a minute to pop on too

[hunterandthehunted]

CG,

great to see you getting asistance in this matter, hopefully i can steal some of the info andy posts up:D

[AndyOrch]

3.What order are you asking the court to make and why?

 

 

Further to the DJ amended order of xx xxx x to the original Order of 20th October 2009, it is objected in pursuant of CPR 31 3.3

The obligations imposed by an order for disclosure will continue until the proceedings come to an end. If, after a list of documents has been prepared and served, the existence of further documents to which the order applies comes to the attention of the disclosing party, the party must prepare and serve a supplemental list.

 

Furthermore pursuant to CPR 31 4.5 & 4.6

 

If the disclosing party wishes to claim that he has a right or duty to withhold a document, or part of a document, in his list of documents from inspection (see rule 31.19(3)), he must state in writing:

(1) that he has such a right or duty, and

 

(2) the grounds on which he claims that right or duty.

 

The statement referred to in paragraph 4.5 above should normally be included in the disclosure statement and must indicate the document, or part of a document, to which the claim relates.

 

It is therefore requested that this clause be objected to/set a side and the Claimant compelled to furnish a valid Default Notice / Termination Notice and also NoA. Having regard for the Overriding Objectives it is averred that without disclosure of the above documents the Claimants case can not proceed and this is regarded as a further frustration to intimidate me in theses proceedings.

 

If the Claimant is unable to produce the documents to verify their claim it is requested that this matter be struck out pursuant to CPR 31 .8

 

Attention is drawn to rule 31.23 which sets out the consequences of making a false disclosure statement without an honest belief in its truth, and to the procedures set out in paragraphs 28.1 – 28.3 of the practice direction supplementing Part 32

 

The Directions of the Order dated 20th October 2009 and amendments be varied pending the outcome of this application.

 

 

 

OK CG just post if you are unsure.

 

Regards

 

Andy

Edited November 20, 2009 by Andyorch

[Craftygirl42]

Thank you Andy, will print off and have a read through later on, when I am less busy and can digest it.

 

Thank you so much for your help

[hunterandthehunted]

CG,

is andy's letter an application to counter set aside and does it go on the n244 form

think i could use it as well...

[Craftygirl42]

Andys letter is for the N244 form, to try to stop the change to the original Order, to try to get the judge to keep in the order to produce the default etc.

 

I should imagine, you could use it, as your case is similar, from what I read

[hunterandthehunted]

Andys letter is for the N244 form, to try to stop the change to the original Order, to try to get the judge to keep in the order to produce the default etc.

 

I should imagine, you could use it, as your case is similar, from what I read

 

is there a charge for this application

[Craftygirl42]

court told me its £35. Ring your court and find out how much yours is. Think it may depend on the type of order you want

[Craftygirl42]

Thank you Andy, had a read through and its excellent thank you.

 

Just a few queries re the rest of the form, want to take it over to the Court tomorrow evening

 

Question 4 - Draft order attached - should I click yes as I was going to attach the bit you gave me.

 

Q5. How would you like the application dealt with - by telephone?

 

Q6 - Estimated time - not sure - should I leave blank

 

Q7 - Fixed trial date or period - what do I put here

 

8. Level of Judge - District Judge?

 

9. Who should be served - Claimant?

 

10 - What info will I be relying on - ?

 

Thanks, then can get it sorted and through the Courts do overnight.

[AndyOrch]

Thank you Andy, had a read through and its excellent thank you.

 

Just a few queries re the rest of the form, want to take it over to the Court tomorrow evening

 

Question 4 - Draft order attached - should I click yes as I was going to attach the bit you gave me. (put see section 10 put put yes)

 

Q5. How would you like the application dealt with - by telephone? Without an Hearing

 

Q6 - Estimated time - not sure - should I leave blank 30 mins

 

Q7 - Fixed trial date or period - what do I put here have you had a trial date? if not leave blank

 

8. Level of Judge - District Judge? yes

 

9. Who should be served - Claimant? yes their Sols (state company name)

 

10 - What info will I be relying on - ? What I have typed in my draft

 

Thanks, then can get it sorted and through the Courts do overnight.

 

Regards

 

Andy

[Craftygirl42]

One last question then Andy, what do I put in Section 3

 

What order am I asking the Court to make and why

[AndyOrch]

3.What order are you asking the court to make and why?

 

 

Further to the DJ amended order of xx xxx x to the original Order of 20th October 2009, it is objected in pursuant of CPR 31 3.3

The obligations imposed by an order for disclosure will continue until the proceedings come to an end. If, after a list of documents has been prepared and served, the existence of further documents to which the order applies comes to the attention of the disclosing party, the party must prepare and serve a supplemental list.

 

Furthermore pursuant to CPR 31 4.5 & 4.6

 

If the disclosing party wishes to claim that he has a right or duty to withhold a document, or part of a document, in his list of documents from inspection (see rule 31.19(3)), he must state in writing:

(1) that he has such a right or duty, and

 

(2) the grounds on which he claims that right or duty.

 

The statement referred to in paragraph 4.5 above should normally be included in the disclosure statement and must indicate the document, or part of a document, to which the claim relates.

 

It is therefore requested that this clause be objected to/set a side and the Claimant compelled to furnish a valid Default Notice / Termination Notice and also NoA. Having regard for the Overriding Objectives it is averred that without disclosure of the above documents the Claimants case can not proceed and this is regarded as a further frustration to intimidate me in theses proceedings.

 

If the Claimant is unable to produce the documents to verify their claim it is requested that this matter be struck out pursuant to CPR 31 .8

 

Attention is drawn to rule 31.23 which sets out the consequences of making a false disclosure statement without an honest belief in its truth, and to the procedures set out in paragraphs 28.1 – 28.3 of the practice direction supplementing Part 32

 

The Directions of the Order dated 20th October 2009 and amendments be varied pending the outcome of this application.

 

 

 

OK CG just post if you are unsure.

 

Regards

 

Andy

 

 

Just amalgamate the red .

 

 

Andy

[Craftygirl42]

Got a bit lost now. So I put the red part in answer to Question 3 and then the whole lot in section 10.

 

Not been well and getting a bit confused. Sorry

[AndyOrch]

Correct CG

 

Andy;)

[Craftygirl42]

Thank you Andy. Right get that printed off and then off to sort out my last stressful thing that totally debt unrelated but job related.

 

I take it I should still be thinking about my witness statement, although have a little while to get that sorted

[Craftygirl42]

Right N244 was put through the door of the Court last night. I suppose its now a sit and wait and see. I have some other things to get on with, but will be looking at my witness statement, that has to be in on xmas eve of all days.

[hunterandthehunted]

Right N244 was put through the door of the Court last night. I suppose its now a sit and wait and see. I have some other things to get on with, but will be looking at my witness statement, that has to be in on xmas eve of all days.

 

CG,

try and get the bones of it put together over the next week or so and people will amend to suit as you go.

you dont want to be rushing around and panicking near xmas do you;)

 

as you know there are lots of pointers on my thread regarding WS...