Help with Welcome Finance

[beyondhope]

good thinking but I don't think it quite works like that!

Ok, so it's like this...hang on I need to go outside a min

 

 

I did say I didnt think it quite worked so straight forward as that

OK fill me in....the more I read the more confused im getting Enjoy the walk outside i'll see you there LOL

[wannabedebtfreesoon]

Right, that's better

 

 

1. You file your N1 to the court
   
2. The court send them a copy of the N1 with an AOS
   
3. They send back the AOS to the court
   
4. They then have 14 days to file a defence to the court
   
5. They send a defence to the court
   
6. The court send you a notice that a defence has been filed
   
7. The Court send out AQs to you and them
   
8. You both send completed AQs back to court
   
9. Court sets an Allocation hearing
   
10. You both attend the hearing and the case is allocated to trial
    
11. Trial starts
    

Now that's the way it should go, in a nutshell

[wannabedebtfreesoon]

But.....if it gets to the point where they have sent back the AOS but then fail to submit a defence you can still apply for judgment by default.

 

So all the time the court is waiting to receive their defence they're not gonna do anything about allocation cos there's still a chance you can win by default.

[beyondhope]

Right, that's better

 

 

1. You file your N1 to the court - Done 21st April
   
2. The court send them a copy of the N1 with an AOS - Served 6th May
   
3. They send back the AOS to the court - Filed 13th May
   
4. They then have 14 days to file a defence to the court - Not up until 3rd June
   
5. They send a defence to the court
   
6. The court send you a notice that a defence has been filed
   
7. The Court send out AQs to you and them
   
8. You both send completed AQs back to court
   
9. Court sets an Allocation hearing
   
10. You both attend the hearing and the case is allocated to trial
    
11. Trial starts
    

Now that's the way it should go, in a nutshell

 

So WTF is going on here

[wannabedebtfreesoon]

Unless....the judge has given his consideration to your claim and decided to make a judgment of his own initiative at the court's discretion. It's called discretionary judgment and is very similar to summary judgment. Sometimes the court can make the judgment off it's own back or sometimes you make an application to nudge them into it.

 

The N24 form is what the court would serve if they wanted to implement Cpr 3. Which part of 3 they're implementing is unknown but I feel that if it was something like the other issues in 3.1 then it would either say so on the form or allow for a longer hearing.

 

That's just how it seems to me tho

[beyondhope]

But.....if it gets to the point where they have sent back the AOS but then fail to submit a defence you can still apply for judgment by default.

 

So all the time the court is waiting to receive their defence they're not gonna do anything about allocation cos there's still a chance you can win by default.

 

Which is what I thought which is also why a 5min hearing threw me Why issue an order for a hearing the day the defendant has filed for a 14 day extension so to speak.....:?: Beyond Hope is OFFICIALLY CONFUSED

[beyondhope]

Unless....the judge has given his consideration to your claim and decided to make a judgment of his own initiative at the court's discretion. It's called discretionary judgment and is very similar to summary judgment. Sometimes the court can make the judgment off it's own back or sometimes you make an application to nudge them into it.

 

The N24 form is what the court would serve if they wanted to implement Cpr 3. Which part of 3 they're implementing is unknown but I feel that if it was something like the other issues in 3.1 then it would either say so on the form or allow for a longer hearing.

 

That's just how it seems to me tho

 

Yea I see what you mean....Im guessing if they wanted to throw it out it wouldnt have gotten as far as AOS etc

[wannabedebtfreesoon]

So WTF is going on here

well the court has to send them a copy of your claim as a matter of course. Nobody in the court would've looked at it by then. So they've got a copy and are thinking about it and getting ready to send back their AOS because they're arrogant so and so's and want to try and squirm out of it!!

But...in the mean time the judge is looking over your claim too and then he thinks, "This is ridiculous! They've done what???! :eek:"

Then he further thinks, "They're gonna try and waste courts time with a defence and a load of stalling tactics so I'm gonna nip this in the bud and get it wrapped up"

 

Again, just my take

[wannabedebtfreesoon]

Which is what I thought which is also why a 5min hearing threw me Why issue an order for a hearing the day the defendant has filed for a 14 day extension so to speak.....:?: Beyond Hope is OFFICIALLY CONFUSED

Was there anything on the AOS that said what date they had to file a defence by??

[beyondhope]

well the court has to send them a copy of your claim as a matter of course. Nobody in the court would've looked at it by then. So they've got a copy and are thinking about it and getting ready to send back their AOS because they're arrogant so and so's and want to try and squirm out of it!!

But...in the mean time the judge is looking over your claim too and then he thinks, "This is ridiculous! They've done what???! :eek:"

Then he further thinks, "They're gonna try and waste courts time with a defence and a load of stalling tactics so I'm gonna nip this in the bud and get it wrapped up"

 

Again, just my take

 

Well I do hope your take is right

 

Did you see that mail I sent you about DJ Still no further with sexing

[beyondhope]

Was there anything on the AOS that said what date they had to file a defence by??

 

 

28 days from claim served which I worked out to be 3rd June as it was deemed served on 6th May

[wannabedebtfreesoon]

It's not impossible that it is 3.4, that's why I wanted to see your poc again. But having looked at it again, I really can't see how it could possibly come under the reasons for striking out which are:

 

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

 

(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

 

© that there has been a failure to comply with a rule, practice direction or court order.

 

 

If it is 3.4 that would be a serious case of mismanagement and you would have very good grounds for a set aside.

[beyondhope]

It's not impossible that it is 3.4, that's why I wanted to see your poc again. But having looked at it again, I really can't see how it could possibly come under the reasons for striking out which are:

 

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

 

(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

 

© that there has been a failure to comply with a rule, practice direction or court order.

 

 

If it is 3.4 that would be a serious case of mismanagement and you would have very good grounds for a set aside.

 

If I was to contact the courts would they say what it was in relation to? I so hate not knowing all this guessing is doing my head in

[wannabedebtfreesoon]

I can't see why they wouldn't, it's not supposed to be a suprise!!

[wannabedebtfreesoon]

Yh put it outta your head and go and find out for sure tomorrow

[beyondhope]

I can't see why they wouldn't, it's not supposed to be a suprise!!

 

 

It is in this case Ok thats the plan then I'll contact them in the morn because I cannot spend a week wondering WTF is going on! Any further suggestions in the meantime please send them this way coz im going outta my mind

[beyondhope]

Yh put it outta your head and go and find out for sure tomorrow

 

Damn courts should be open til 8

[wannabedebtfreesoon]

It is in this case Ok thats the plan then I'll contact them in the morn because I cannot spend a week wondering WTF is going on! Any further suggestions in the meantime please send them this way coz im going outta my mind

Stop going outta your mind, you need it woman!!!

[beyondhope]

Stop going outta your mind, you need it woman!!!

 

Too late Its the not knowing

[wannabedebtfreesoon]

Too late Its the not knowing

Have a beer

[beyondhope]

Have a beer

 

 

I popping to the garage for 'nipping outside' supplies and then cracking open a bottle of wine

 

Ill make sure I post here soon as Ive been in touch with court too as im sure it will annoy you as much as me as the eve goes on

[wannabedebtfreesoon]

I popping to the garage for 'nipping outside' supplies and then cracking open a bottle of wine

 

Ill make sure I post here soon as Ive been in touch with court too as im sure it will annoy you as much as me as the eve goes on

I thought that went without saying!

 

[beyondhope]

I thought that went without saying!

 

 

 

 

If I become an alcoholic it is totally the defendants fault

[beyondhope]

This is the document for future reference for others:

 

 

Is it bugging you yet wannabe?? Ive posted in legalities as well but no joy yet

[essexboy]

fingers crossed for you beyond

 

essexboy:)