The Funding Corporation Small Claim Summons - joint loan - backdoor decree against OH - mine was dismissed - help

[postggj]

Thats Why I Said Let Monty Give It The Once Over

 

 

Many Thanks Monty

[Monty2007]

Thanks guys

 

I think the Sheriff will smell a rat and throw this one out. There is no case to answer for Pinkys husband so they must prove that he entered into the argreement which they can't. Pinky is not disputing she entered into the agreement but that the agreement is invalid, mis-sold PPI etc.

 

One other point that her husband needs to considers is getting the -ve CRA information removed so you may want to include a counter claim for this removel and also possibly damages?

 

When does his defence have to be submitted?

 

Is his summons identical to yours pinky?

[pinky123]

Thanks Monty,

 

Summons the exact same, I have to submit by Tuesday 22/12

 

 

xxxxxxxxxxxx

[Monty2007]

Suggested Defence for you husband is below. Please confirm that the funds were paid to you and he has not acknowledged this debt in any way?

 

Use the same layout as your defence and ensure the court reference numbers and correct names and addresses are used.

 

Defence

 

Court Reference Number: xxxxxxxx

SHERIFFDOM OF xxxxxxxxxxxxx AT yyyyyyyyyy

 

DEFENCE & COUNTER CLAIM

 

in causa

 

Pursuers Name

Pursuers Address

PURSUER

against

Your Name

Your Address

DEFENDER

 

The Defender is a Party Litigant and denies the sum craved for by the Pursuer and herein submits this defence and counter claim.

The Defender is not party to the purported agreement provided by the Pursuer. Although the defender is named on the loan documentation it does not bear his signature and is therefore improperly executed as is required under the Consumer Credit Act 1974. Irrespective of the fact that the Defender is the husband of the co-accused, he did not sign the documentation and has not received any funds from the Pursuer.

The Pursuer should not have brought this action against the Defender and the Defender craves that the action should be dismissed forthwith.

 

Counter Claim

The Defender counter claims for damages against the Pursuer in respect of the adverse credit marks that the Pursuer has recorded against him with the various Credit Reference Agencies. In this respect the Defender cites the case of Richard Durkin v DSG Retail Limited and HFC Bank plc, (Judgement of Sheriff J.K. Tierney, Sheriffdom of Grampian Highland and Islands at Aberdeen (A187/04) which would allow the Defender a claim against the Pursuer for costs, unlawful rescission and the damage caused to the Pursuers financial reputation. The value of this counter claim will require further quantification and possibly the appointment of an expert witness.

Pleas-in-law

The Defender denies the sums being claimed as due and the resting owing decree should not be granted as craved.

The Defender craves the removal of the adverse credit marks that the Pursuer has recorded against him with the Credit Reference Agencies and compensation for damages yet to be quantified.

 

In respect whereof:-

Signed ---------------------------------------------------

Date: xx December 2009.

 

Your Name

Your Address

DEFENDER

[postggj]

Nice One Monty

[pinky123]

Thanks Monty Your a Star (Hope Santa is good to you)

 

Do I have to send their lawyers a copy of this also?

 

 

xxxxxxxxxxx

[Monty2007]

 

Dear Pinky

 

Yes, sorry I should have mentioned that whatever you or your husband send to the court you always send a recorded delivery copy to the Pursuer (or their solicitors). If you send it by e-mail always check that they received it and get acknowledgment.

 

Just ensure that he is not compromised in any way. He should have not acknowledged the loan in any way such as communication or received the funds into his account. He is claiming that he is not a party which is fine.

 

They will probably withdraw going for him but he will get costs (£75) and the must remove any CRA markings. They will stick with yours though but you have your defence.

[pinky123]

HI GUYS, HOPE EVERYONE HAD A GREAT XMAS AND NEW YEAR!!!!!!!!

 

Forms submitted and recived, do I just sit back and wait now, also I am due at court again on 5 Feb do I need to prepare anything as the judge said I had up to 2 weeks before to submit any productions.

 

 

Thanks xxxxxxxxxxxx

 

Hi Guys, Just a quick update, came hoem to a letter today from The Funding Corps Lawyers:

 

"We refer to the above case and previous correspondence. We should advise that our clients considered their position.

 

While our clients consider that they have a viable and provable claim against you, our clients are mindful of he economic considerations of proceeding with protracted litigation and light of this our clients are prepared at this stage, and at this stage only , to attempt to have this matter dismissed with no expenses due to or by either party.

 

Should you seek expenses, then our clients will simply proceed with the litigation. We would be obliged if you would arrange to consider this offer and provide us with your response thereto".

 

ANY FEEDBACK WOULD BE GRATEFULLY APPRECIATED!!!!!!!

 

xxxxxxxxxxxxx

[postggj]

Pinky

 

At Last

 

We Have Done It Me Thinks

 

Its Over

 

They Want To End This With No Order For Costs On Both Sides

 

Well Its About Time:D:D:D:D:D:D:D:D

 

THEY HAVE GIVEN UP THE FIGHT

Edited January 8, 2010 by postggj

[postggj]

Wait For Monty But A Letter Needs To Go To The Sols Of Acceptance But We Need To Word It Right

[IdaInFife]

well done Pinky and of course to Posty and Monty as well.

[pinky123]

Thanks Ida, If it hadn't been for Monty and Posty I would have caved in long ago.

 

xxxxxxxx

[postggj]

Way To Go Pinky

 

Bet Your A Happy Bunny

[pinky123]

So Releived, can't beleived they have caved.

 

What do I need to do now???????????

 

xxxxxxxxxxxxxxxxx

[postggj]

We Need To Send The Sols A Letter Accepting That On The Condition The Claim Is Withdrawn As Stated And That Both Sides Do There Own Cost

 

You Will Accept The Offer As A Full And Final Settlement

 

They Cant Take You To Court Again As To Part 36 Discontinuence But Ime Debating If That Should Be Put In The Letter

 

Ive Contacted The Site Team For Clarification

[pinky123]

Cheers Posti xxxxxxxxxxxxx

[MARTIN3030]

Looks good enough.

They should be more than aware of the Part 36 criteria.

[postggj]

thanks martin

 

ill run up a quick letter for pinky to send

[pinky123]

Hi Guys, any luck with a letter to send !!!!!!!!!!!

 

 

xxxxxxxxxxxxxx

[postggj]

The funding co (solicitors)

Account number

Date

 

Dear sir/madam

 

Thank you for your letter dated xx/xx/xxxx for which the comments have been noted. (Copy enclosed)

 

With reference to your clients, the funding co

 

I accept your client’s recommendation to withdraw its county court action. This will be on the understanding that both defendant and claimant are responsible for their own costs.

 

This acceptance on this matter is concluded and that no further litigation or award for costs will be asked for between me and the funding co.

 

Please reply to acceptance of this offer.

 

Yours sincerely

 

Pinky

 

 

send recorded

[pinky123]

Thanks P, should I mention about my credit file that they have trashed.

 

xxxx

[postggj]

Yes

 

Mention All Ref To The Funding Co On Your Credit File Be Deleated

 

Whats The Date On The Default Recorded With The Cra

[pinky123]

hi guys latest update????????????

 

Hand delivered letter (no envelope) handed to my 15 year old son:

 

"We refer to to the above action in which we act for the pursuers . We hereby intimate the above Incidental Application and enclose herewith copy interlocutor for your attention.

 

Yuill and Kyle

 

2nd Page

 

SHERRIFFDOM OF SOUTH STRATHCLYDE, DUMFRIES & GALLOWAY AT AIRDRIE

 

CASE NO *******

 

INCIDENTAL APPLICATION FOR PURSUERS

 

IN CAUSA

 

THE FUNDING CORP BLAH! BLAH! BLAH!

 

AGAINST

 

**********

 

 

MCWILLIAMS FOR THE PURSUERS REPSECTFULLY CRAVES LEAVE OF THE COURT TO DISCHARGE PROOF DIET ASSIGNED FOR 05/02/10 AND THEREAFTER DISMISS THE CAUSE WITH NO EXPENSES DUE TO OR BY EITHER PARTY.

 

IN REPECT OF

 

 

3RD PAGE

 

You are hereby lawfully served with the foregoing copy I/A and deliverence which will call on 01/02/10 at 10am within the sherriff court Airdrie, that you may not prtend ignorance of the same and you are desired to pay due obedience to the I/A in all points.

 

This I do upon the 28/01/10.

 

 

Sherriff Officer"

 

 

Can anyone explain what this means, and do I have to appear tomorrow as too short notice to get off work.

 

 

Thanks xxxxxxxx

[Monty2007]

They have requested that the Proof (legal debate) is discharged with no expenses for either side. They would have to get your permission to do this hence the new IA and hearing to discuss/agree this. Personally I would agree for the discharge but get your costs.

 

Well done!

 

hi guys latest update????????????

 

Hand delivered letter (no envelope) handed to my 15 year old son:

 

"We refer to to the above action in which we act for the pursuers . We hereby intimate the above Incidental Application and enclose herewith copy interlocutor for your attention.

 

Yuill and Kyle

 

2nd Page

 

SHERRIFFDOM OF SOUTH STRATHCLYDE, DUMFRIES & GALLOWAY AT AIRDRIE

 

CASE NO *******

 

INCIDENTAL APPLICATION FOR PURSUERS

 

IN CAUSA

 

THE FUNDING CORP BLAH! BLAH! BLAH!

 

AGAINST

 

**********

 

 

MCWILLIAMS FOR THE PURSUERS REPSECTFULLY CRAVES LEAVE OF THE COURT TO DISCHARGE PROOF DIET ASSIGNED FOR 05/02/10 AND THEREAFTER DISMISS THE CAUSE WITH NO EXPENSES DUE TO OR BY EITHER PARTY.

 

IN REPECT OF

 

 

3RD PAGE

 

You are hereby lawfully served with the foregoing copy I/A and deliverence which will call on 01/02/10 at 10am within the sherriff court Airdrie, that you may not prtend ignorance of the same and you are desired to pay due obedience to the I/A in all points.

 

This I do upon the 28/01/10.

 

 

Sherriff Officer"

 

 

Can anyone explain what this means, and do I have to appear tomorrow as too short notice to get off work.

 

 

Thanks xxxxxxxx

[pinky123]

Hi Guys, The saga continues, today me and my OH received this letter:

 

"Registry Trust Ltd holds a public register of scottish decrees. By agreement with the Scottish Courts Administration Service, we collect details of money decrees entered in the small claims and summary causes sheriffs courts in Scotland. Decree data is passed to credit ref agencies for inclusion in their files and could affect your ability to obtain credit in the future.

 

To comply with the Data Protection Act 1998, we are writing to notify you that details of the following decree recorded at the above address are being added to the Register

 

 

Name of defender

 

Sheriff Court

 

Date of Decree 17 Nov 09

 

Case No

 

Amount

 

Any further information relating to this matter can only be obtained direct from the relevant sheriff court."

 

 

CAN SOMEONE HELP EXPLAIN THIS AS I DON'T UNDERSTAND THOUGHT THIS WAS ALL DONE AND DUSTED XXXXXXXXXXXXXXX:-x