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

[pinky123]

Hi Monty, The defence which Postggj has posted, can I email this to to the parties that require it and if so when has this to be done, is it only theI/A i should take to the court on Tues.

 

 

Thanks x

[Monty2007]

Dear Pinky

 

What you are essentially doing is adding more items to your IA and will be able to serve this when you attend court on Tuesday. We need this information to provide a more complete defence since it will also show how they mis-sold the PPI.

 

The holding defence is a different matter and is fine, Postggj is happy with the PPI aspects. It would be useful to get in the holding defence by e-mail tomorrow, if this is difficult then just take 3 signed copies with you on Tuesday and hand them to the Sheriff Court.

 

You must also complete Section A of Form 1a that they sent you and strike out the bits in Boxes 1&2. In box 3 just leave live the parts that indicate that you wish to defend and issue a counter claim. Let me know if you need any more help - it should make sense.

 

You will need to scan all this in and send it by pdf to the court - do check their e-mail and always check that it has been recieved, you also have to send a copy to the Pursuers agents.

 

Please should if its not clear.

 

Remember again - they have mis-sold you a loan and issued proceedings against you. You have a strong hand here.

[postggj]

Pinky

 

Chill

Relax

 

You Are Starting To Make This More Complicated Than It Is

 

Its Early Days

 

Its Only A Request For Info So You Can Do A Proper Defence

[postggj]

Pinky

 

Ive Delt With The Funding Co Meny Times And Know All The Tricks They Pull

[pinky123]

SO THE HOLDING DEFENCE I AM SUBMITTING IS THE ATTACHMENT ABOVE FROM POSTGGJ (pinkys HD 09/08/09).

Is it jsut the court or do I have to email anyone else.

 

 

Thanx xxxxx

[Monty2007]

Hi Pinky

 

I posted the holding defence in Post 82 above. I asked PostggJ to check out the PPI part and he agrees it is fine. You only need to complete the xx bits and submit this by e-mail or hand deliver as above.

 

Postggj has suggested some additional items to include in your IA.

 

So you also need to print out an addendum to your IA.

 

I suggest that you phrase it along the lines of:-

 

------------------------------------

 

Case no: xxx

 

Pursuer: xxxxxxxxxx

 

Defender: yyyyyyyyy

 

Payment Protection Insurance

 

The Defender also requests the following additional information is provided by the Pursuer as part of her Incidental Application.

 

The Defender requires the Pursuer to confirm the following:

 

1. Who Underwrites The PPI Policy that was included in the loan

2. To provide a Copy Of The Underwriting Sheet

3. To provide a Needs And Demands Statement

4. To provide a Statement Of Price

5. To provide any Policy Documents

6. To confirm how much was paid to the Underwriting Company

7. To confirm how huch Insurance Premium Tax was paid on the single policy?

8. To cofirm how much commission payments the Funding Co received in regards to any policy.

 

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

[pinky123]

HAVE EMAILED SEC: A OF THE SUMMONS TO THE COURTS AND THE F/C REPS, I HAVE ALSO E-MAILED A COPY OF THE HOLDING DEFENCE TO THE COURT DO I NEED TO SEND A COPY OF THIS ALSO TO THE F/C REPS.

 

 

Thanks xxxxxxxxx

[Monty2007]

 

Dear Pinky

 

Yes, you need to provide a copy of your holding defence to the Pursuers solicitors.

Monty

[pinky123]

The holding defence now sent, I will take the 3 copies of the adendum added to the IA and that should be me set.

 

I'll keep you posted what happens tomorrow.

 

Thanks again guys you have gave me the confidence to do battle with these cowboys.

 

 

 

xxxxxxxxxxxxxxxx

[postggj]

No Probs

 

You Will Then When Its All Over To Help Future Caggers

[Monty2007]

The holding defence now sent, I will take the 3 copies of the adendum added to the IA and that should be me set.

 

I'll keep you posted what happens tomorrow.

 

Thanks again guys you have gave me the confidence to do battle with these cowboys.

 

 

 

xxxxxxxxxxxxxxxx

Good luck Pinky!

[pinky123]

Well just back from Court, no representation from Funding Corporation and no acknowledgement from them to say they have received th I/A served on them. Judge was really nice and has said it will now be heard on the 8/9, I will wait and see if the FC supply me with what I asked.

 

XXXXXXX

[Monty2007]

 

Hi Pinky

 

Interesting........did he accept your additional items?

 

I suspect you will need to serve them on FC too given they did not show up.

[pinky123]

No, the Judge asked me to serve the additional I/A, the same way I served the original.

 

Why do you suppose nobody turned up?

 

xxxxxxxxx

[Monty2007]

 

Hi Pinky

 

No idea, but I suspect that they thought that this would be another of the 99.99% of cases that are admitted or the Defender fails to acknowledge service and they get judgement in their favour.

 

I would serve them another IA then.

[pinky123]

Will do, I never realised how many of these cases are actually heard until today, also while I was there 3 companies had failed to me the I/A requirments asked for and this was peoples 2nd and third time at court just to get an I/A hearing.

 

xxxxxxxxx

[postggj]

Hi Pinky

 

Told You Court Is Not That Bad

So They Did Not Turn Up

As Monty States, They Thought It Would Be A Rubber Stamp Job

 

Think Again

 

Chin Up

 

Thats Round One To You

[pinky123]

Thanks P, no it wasn't as bad as I thought, so what happens now if the FC don't supply me with what I have asked, is it a case of back and forth to court until they comply?

 

xxxxxxx

[postggj]

As Stated

Scotish Court Is Not My Thing But If Its The Same As Uk

 

If They Dont Supply The Info In Your Ia, The Same As Our Cpr

 

You Apply To Have The Claim Struck Out

 

Monty Will Let You Know How To Go

[Monty2007]

 

Postggj is correct. Though we will get in that defence just in case. Hopefully they won't turn up for the hearing and then it will be game over.

 

The Sheriff with have them comply with the order in the IA given that they have not opposed and clearly had the opportunity to do so.

[pinky123]

He Guys,

 

Just wondering how long The Funding Corporation have to give me the information requested on the I/A.

 

Also e-mailed their lawyers twice to ask for confirmation they had received the holding defence, but they have still to answer back.

[postggj]

i know with a cpr its 14 days as a norm bit yours is a ia

 

 

again

as this is scotish law,unsure

 

monty will let you know

 

pinklilly

 

only comunicate with the sols on court docs ordered by the court

 

goldrn rule

 

tell them nothing unless ordered by the court

[pinky123]

Thanks P, no probs !!!!!!!!!!

[Monty2007]

Thanks P, no probs !!!!!!!!!!

 

Hi Pinky

 

Did the Sheriff make any order for them to conform at the IA hearing? I appreciate that they did not show up which means that they have not/cannot oppose the IA. Hence the Sheriff should have made an order as craved for.

 

They will now move to the hearing and the Sheriff Clerk will have served them a copy of your defence. If they have not conformed to the IA by the call date then you need to tell the Sheriff that they have not done so and ask for the case to be dismissed for procedural non-conformance.

 

When is your next calling date?

[pinky123]

Its 8th September, when I emailed the court and The F/C lawyers a copy of the Holding Defence, the court has confirmed they have received this and I had asked the F/C lawyers to do the same but they have not replied to this.

 

 

xxxxxxxxxxxxx