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JB9876

Court Advise Please

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My OH is due in court soon as to cut a very long story short the bank has taken him to court about a joint loan, the case was stayed but in the meantime we have requested a copy of the CCA which may actually state our case for us, the bank has not provided the CCA.

 

I asked the court to become involved, the bank asked for more time, more time was given but they failed to comply. We were advised by the court to write in and ask the judge for direction, it is this reason why he now has to attend court.

 

It will be the first time that he/we will have ever been to court and we're just after a bit of help really as to what to expect and also whether I will be allowed in the court with him - as I said it's a joint loan but the bank has only named him as the defendant. I have read the sticky as to procedures but I am more concerned about how "in your face" the banks solictors will be, quoting legislation etc

 

Thanks

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Can you post a copy of the Summons, the Defence and any orders - it would also be helpful to know what the Notice of Hearing says. It would also be helpful if you could post a copy of the letter that you sent the court.

 

In terms of the actual hearing - it is (unless its a trial in a fast or multi track case) going to take place in a private room with a District Judge (man/woman in a suit) behind a desk and your husb and the other side sat at either sides of a desk.

 

The hearing is in private so technically you are not allowed in HOWEVER if you ask the Usher he'll ask the Judge and they'll let you go in - they almost always say yes...

 

The claimants solicitor is likely to be either a trainee Solicitor or a paralegal from a local firm of Solicitors who is not likely to be an expert in anything.

 

If you post the information we'll help you to prepare for the hearing


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Thanks, not got the photo bucket thing so will try to give details by hand! OK the last one regarding the hearing said:

"It is ordered that this matter be listed for further directions hearing on xxx at xxx with an estimated length of hearing of 20 minutes. The parties shall attend in person."

 

Our letter stated

"Further to the above claim number and orders made on xxx and xxx I would like to ask for direction from the Judge as the xxx Bank have failed to comply with the orders."

 

Previous order:

"It is ordered that there be an extension of time to xxx for the claimant to comply with the court order made on xxx"

 

Original Order:

It is ordered that the claimant by 4pm on xxx send to the defendant a copy of the executed loan agreement to which this claim relates. For all other purposes the claim remains stayed."

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Our original letter to judge (summarised):

 

Further to above claim I have been trying to obtain a copy of the CCA in relation to case.

I requested this info enclosing statutory fee on xxx to bank...

I wrote to solicitors asking for this information who have advised they will not correspond without direction of the court. I am therefore asking the court to intervene.

I apologise for taking the Courts time further however I would like to have all the information at hand for when the stay on this case is lifted and I feel I have no further option but to seek your assistance."

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If the hearing is listed for further directions - then it sounds as if the court is going deal with their failure to comply with the previous orders.

 

When was the original order made

 

When was the previous order made

 

If there have been two previous orders that they haven't complied with I would suggest that you ask the court for an Unless Order - That is an Order that the Claim is struck unless the Claimant provide an executed copy of the loan agreement within 14 days. The Claimant should have been in possession of the original agreement before issuing the claim


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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If you want to post documents on CAG if you click on Go Advanced in the quick reply box and then either click the tiny paperclip or alternatively look down the page and click on manage attachment you can upload from your PC to the CAG server


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Original claim stated:

"By an agreement entered into between the Claimant and the Defendant, the Defendant has failed to pay the sum of £xK or any part thereof. The Claimant has requested payment but the Defendant has refused or delayed to pay. The Claimant claims the sum of £xK and interest under s.69 of County Courrts Act 1984 at a rate of 8& pa from xx/xx/2007 until judgement or sooner payment. Costs. The claim does not include issues under the Human Rights Act 1998."

Edited by JB9876

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Thanks I've Got No Money (great name by the way :))

 

I suppose I'm just worried about what exactly to say if the Judge says anything like did you just do this to see if they couldn't provide and therefore make it unenforceable? We didn't by the way but I could understand him/her thinking that way given all the hype.

 

Or thinking as I'm typing what do we say if the Judge says what do you think should happen (is that likely?) do we mention about unenforcability until they produce?

 

Another question, can we ask that all reference to this loan be removed from CRA's if they don;t produce within 14 days?

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IGNM - is a statement of fact...

 

There are several points:-

1. Was the claim issued through Northampton County Court - if it wasn't then a copy of the CCA should have been attached to the Summons

2. You are entitled to see the CCA - you need to satisfy yourself that it is a valid and enforceable agreement

3. I assume that the claim has either not been allocated to track or is fast or multi track - CPR 31.14 gives you a right to have the agreement disclosed

 

The claimant has to disclose the original CCA


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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As far as the CRA's are concerned if the claim is struck out then you could have judgment entered in your favour - the CRA's would have to remove the entry - although it might take some persuasion - its' probably best to take it stage by stage


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Fantastic - thanks IGNM

 

You are correct it was issued in Northampton and it hasn't been allocated to track as yet.

 

OK with the CRA's will see how it goes.

 

Thanks so much for your help

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Just like to add that this has now been in front of the judge and although not fully finalised (from my point of view) - as IGNM said - an unless order has been issued (and until the expiry of that date I can't rest!!) BUT just to let others know who haven't experienced court room before - the judge was great - even made a joke, felt completely at ease (which was perhaps conversely a bad thing as had rehearsed everything a thousand times over and then forgot to ask as he was so nice!!)

Which leads me on....if they don't comply to the unless order will the court realise or will I have to write in again?

As a pps - the other party did not attend which was a massive relief to us!

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It depends what they have to do - if they have to file something with the court then the court will know if they just have to serve you with something then the court will only know if you tell it. In that situation a letter will be enough but let us know what happens


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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