Big Overdraft - must respond to Court Claim - Please help!

[Martel]

The court confirmed Cobbetts' Application and fee has arrived and thinks the hearing will be in August. Apparently (allegedly?), I'll be notified by the Court next week.

 

Mx

[Martel]

Thats why you need to check normally the AN comes from the Court with the Orders attached and time frame.They may be trying to short change you and hope you submit your WS too late.

 

Andy

 

Andy, hi, I'm in a mess on another thread 'Court Hearing 9/06/10 - Egg/Cabot/morgan v me'.

 

My solicitors dumped me only a few days ago and I'm really in schtuck - i have THREE hearings coming up - the first two with Cabot.

 

I think I somehow need to ask for a postponement but I'm not sure how best to approach this.

 

Why does this stuff always happen on a Friday????

 

Hope you're well! MXX

[AndyOrch]

Hi Martel

 

What reason have they given you for "dumping " your case?

 

 

Regards

 

Andy

[Martel]

Hi Andy,

 

Always so great to see a post from you!!

 

The solicitors had four claims of mine last year - they ran them past their barristers and said they'd take them on (something to do with insurance, etc.). All v pleasant and positive. The Claims were then stayed pending the outcome of the test cases. Anyway, the solicitor and I were in touch - he seemed v confident and v relaxed about the situation. Bullish, actually.

 

When I pointed out a BIG anomaly on an Amex claim, he volunteered to write a letter to Amex solicitors and blow them out of the water (never did).

 

Suddenly, my files were returned to me this week, no phone call, just an email saying my prospects didn't look good, couldn't get a barrister with insurance, maybe I'd like to pay or have legal insurance. He'd help out in the 'background'. Also, he suggested coming to a payment arrangement with the creditors (knowing full well how utterly broke I am). He's never returned my call or replied to my email.

 

I was/am stunned. And now facing two fast track hearings unprepared.

 

Anyway, I guess it's a waste of time to dwell on what happened.....but it was a shock, as we seemed to have a good relationship (and, a LOT of the work had been done , e.g., Defences filed, when his firm came on board).

 

Meanwhile, what to do? Ask for a postponement? Is that even a possibility?

And, the DJ seems to really have it in for me......

 

MXX

[AndyOrch]

Hi Martel ok deep breath and prioritise.Were are you up to ie Disclosure/WS When is the hearing?I think the fact and the manner in which they have left you high and dry is good enough reason for "them" to submit an AN (far better coming from a firm of Sols as they have to state the reason for vacate)

I have not read the thread in question but what are chances of success?

An AN can be submitted (subject to time frame) to vacate and can be done without an hearing ,so will only cost £45.

 

Regards

 

Andy

 

Oh and report them to Sols Regulation Authority for good measure

[Martel]

Hi Martel ok deep breath and prioritise.Were are you up to ie Disclosure/WS When is the hearing?I think the fact and the manner in which they have left you high and dry is good enough reason for "them" to submit an AN (far better coming from a firm of Sols as they have to state the reason for vacate)

I have not read the thread in question but what are chances of success?

An AN can be submitted (subject to time frame) to vacate and can be done without an hearing ,so will only cost £45.

 

Regards

 

Andy

 

Oh and report them to Sols Regulation Authority for good measure

 

Ok! First of all, the solicitors were no win/no fee - BUT we never had a signed agreement. I have various emails and correspondence but nothing formalised (I foolishly believed we didn't need anything like that).

 

The First Hearing is this Weds., 9/6 - Cabot/Egg/Morgan's

 

The Second Hearing is 14/6 - Cabot/Amberloans/Morgan's (I haven't posted a thread on this yet)

 

I would like to think that the Solicitors are morally (ha!) obligated to file the AN for both these hearings but, despite their promise to 'help out in the background', they won't communicate with me and, technically, l have 48 hours to get the AN in. And, don't forget, the DJ seems to have a personal vendetta against me.

 

I filed a Defence but not a WS. Morgan's is up to speed on everything.

 

Chances of success? Hard to tell......the more I look into Egg, the more little potholes I'm noticing.....but does it add up to success? Can't answer that.

 

My Defence and all the Morgan's stuff (WS etc.) are on my thread.

 

HUGE thanks!!!

 

MXXXX

[The Mould]

Ok! First of all, the solicitors were no win/no fee - BUT we never had a signed agreement. I have various emails and correspondence but nothing formalised (I foolishly believed we didn't need anything like that).

 

The First Hearing is this Weds., 9/6 - Cabot/Egg/Morgan's

 

The Second Hearing is 14/6 - Cabot/Amberloans/Morgan's (I haven't posted a thread on this yet)

 

I would like to think that the Solicitors are morally (ha!) obligated to file the AN for both these hearings but, despite their promise to 'help out in the background', they won't communicate with me and, technically, l have 48 hours to get the AN in. And, don't forget, the DJ seems to have a personal vendetta against me.

 

I filed a Defence but not a WS. Morgan's is up to speed on everything.

 

Chances of success? Hard to tell......the more I look into Egg, the more little potholes I'm noticing.....but does it add up to success? Can't answer that.

 

My Defence and all the Morgan's stuff (WS etc.) are on my thread.

 

HUGE thanks!!!

 

MXXXX

 

Hello Martel,

 

I have not read this particular thread all the way from the begining just yet, but based on what you have said here on this post, there is a contract between you and those solicitors.

 

You should bring a serious complaint against them.

 

Kind Regards

 

The Mould

 

PS. I will have a read of this thread later on

[Martel]

Hi Martel ok deep breath and prioritise.Were are you up to ie Disclosure/WS When is the hearing?I think the fact and the manner in which they have left you high and dry is good enough reason for "them" to submit an AN (far better coming from a firm of Sols as they have to state the reason for vacate)

I have not read the thread in question but what are chances of success?

An AN can be submitted (subject to time frame) to vacate and can be done without an hearing ,so will only cost £45.

 

Regards

 

Andy

 

Oh and report them to Sols Regulation Authority for good measure

 

Hi Andy,

 

Thanks for all your help yesterday - just wanted to let you know that I'm the case here and should have a WS by tomorrow, to send to Morgan's and Court on Monday. Am getting some solid advice here. Will get a letter from Sols, confirming they've dumped me, etc.

 

Anyway, would love to know what you think of the result - as ever, enormous thanks for all your advice and support.

 

Best,

Martel

[costa12]

Hi Martel,

 

Hope you are getting sorted for the hearings. Seems you are getting plenty of good help.

 

Subbing to this thread with great interest. My fight is with Cobbetts. Waiting for allocation to track at the mo. I had to vacate my last attempt to have their claim struck out. They came up with 'legible' docs at the last moment !

 

Their last threatogram was to say that they may apply to have my defence struck out! Deja vu! So that's why I'm subbing!

 

Good luck. Keep up the good work.

 

Costa

[Martel]

Hi Martel,

 

Hope you are getting sorted for the hearings. Seems you are getting plenty of good help.

 

Subbing to this thread with great interest. My fight is with Cobbetts. Waiting for allocation to track at the mo. I had to vacate my last attempt to have their claim struck out. They came up with 'legible' docs at the last moment !

 

Their last threatogram was to say that they may apply to have my defence struck out! Deja vu! So that's why I'm subbing!

 

Good luck. Keep up the good work.

 

Costa

 

Hi Costa,

 

Am taking a little break from m Egg/Cabot mess. Thanks for reminding me...the Court hasn't yet sent me Orders/Directions about the Summary Judgment hearing. Must find out what's going on....

 

And the 'good work' you refer to should be credited to Andyorch, Car and Magda!!

 

Good luck with everything...

MX

[pumpytums]

Hi all,

I'm now a member of the Incasso Natwest club claim arrived today, I hate Nastywest.

 

I will start my new thread in the legal section

 

Pumpytums

[costa12]

Welcome to the club pumpytums !

 

Costa

[pumpytums]

Thanks all,

link to my thread

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/263107-pumpytums-incasso-natwest-overdraft.html#post2971794

 

Acknowledgement done CPR's ready to fly

 

It's a joint account too.

 

Thanks already to Hungry for help on this thread. Very helpful on mine too.

 

Lets see what June 11th brings could be very useful for us with "fair" charges.

 

Cheers

 

Pumpytums

[Martel]

Hi all,

I'm now a member of the Incasso Natwest club claim arrived today, I hate Nastywest.

 

I will start my new thread in the legal section

 

Pumpytums

 

Pumpy, welcome to the other side!! I'll look for your thread shortly......MXXXX

[Martel]

Thanks all,

link to my thread

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/263107-pumpytums-incasso-natwest-overdraft.html#post2971794

 

Acknowledgement done CPR's ready to fly

 

It's a joint account too.

 

Thanks already to Hungry for help on this thread. Very helpful on mine too.

 

Lets see what June 11th brings could be very useful for us with "fair" charges.

 

Cheers

 

Pumpytums

 

Ah, WHERE is Hungrybear??? I miss him!!! MXX

[Martel]

Hi Martel ok deep breath and prioritise.Were are you up to ie Disclosure/WS When is the hearing?I think the fact and the manner in which they have left you high and dry is good enough reason for "them" to submit an AN (far better coming from a firm of Sols as they have to state the reason for vacate)

I have not read the thread in question but what are chances of success?

An AN can be submitted (subject to time frame) to vacate and can be done without an hearing ,so will only cost £45.

 

Regards

 

Andy

 

Oh and report them to Sols Regulation Authority for good measure

 

Hi Andy,

 

Disaster in court today as DJ refused my application to adjourn (Sols had refused to consent unless I paid their day's fee) because my former sols hadn't registered as my reps at court. Said adjournment was possible if I paid their legal fees. More anon, am holding fire as I have another Cabot case looming on Monday (filed app for that, too, but believe it will fall at the same hurdle). Have asked ex sols for assistance but am not holding my breath.

 

Sorry to eat into your valuable time, but any chance you could look at my other thread 'Another Court Hearing 14/06/10? I'd so like to tell you more about today but I seem to be V popular w/guests (it was v. evident from sols today that they're monitoring this site).

 

Any ideas on postponement would be helpful!!

 

Hope you're well....and as ever many thanks!

 

MXXX

[Martel]

Hi Martel

 

Not disowned you still chewing the above over.Looks like they are going for Summary Judgment.In the meantime as this as come from Cobblers you need to check with the Court that it as been submitted and legit.

get back to you later

 

Regards

 

Andy

 

Hi Andy,

 

Well.....today I rec'd an Notice of Claimants Application - a 30 minute hearing is scheduled in August.

 

The usual reasons:

 

1. The Claimant relies on the contents of the attached Rply to Defence dated XXXXXX in support of the application (NB, THERE IS NOTHING ATTCHED)

 

' The Defendant's Defence be struck out and there be a Judgment for the Claimantn pursuat to CPR 3.4 (2)(a) the Claimant respectfully submits that the Defendant's Defence discloses no reaasonable grounds for defending the Claim abd that the Defendant's Defecne be dismissed and there by Judgment for the Claimant against the Defendant pursuant to CPR 24.2(a)(ii) and (b) as the Defendant has no real prospect of successfully defending the Claim and there is no other compeling reason why the case should be disposed of at trial'

 

........The Defendant's attention is drawn to CPR 24.5 (1) which provides that if the respondent to an application for Summary Judgment wishes to rely on written evidence at the hearing, they must:

 

(a) file the witness evidence; and

(b) serve copies on every other party to the application, at least 7 days before the summary Judgement hearing

 

 

 

Why do I ALWAYS get this stuff on a FRIDAY???

 

Oh, and my application for adjournment of the Cabot on Monday hearing has been......yes, denied! Any help on that thread would be gratefully rec'd!!

 

MXXXXX

[pumpytums]

Hi Andy,

Sink Farcical tried that with me, basically if the judge thinks there is any reason that you can defend at all no summary judgement. For example if you had submitted no defence and not turned up to the hearing they would probably get a SJ. A good one would be that you dispute the Claimant's amount. Was the hearing in response to the AQ's ?

 

It appears to be a standard thing every Claimant tries on.

 

Pumpytums

[pumpytums]

I hope I'm not teaching granny to suck eggs.

 

But always remember the burden of proof is on the Claimant not the Defendant.

 

For example if the Claimant says you owe us £1.99, they have to prove why you owe them £1.99. If they say it's because you had an account they have to prove you had an account such as statement or your application and prove why you owe them £1.99.

 

Pumpytums

[Martel]

Hi Martel

 

Not disowned you still chewing the above over.Looks like they are going for Summary Judgment.In the meantime as this as come from Cobblers you need to check with the Court that it as been submitted and legit.

get back to you later

 

Regards

 

Andy

 

from post 292 (last week):

Hi Andy,

 

Well.....today I rec'd an Notice of Claimants Application - a 30 minute hearing is scheduled in August.

 

The usual reasons:

 

1. The Claimant relies on the contents of the attached Rply to Defence dated XXXXXX in support of the application (NB, THERE IS NOTHING ATTCHED)

 

' The Defendant's Defence be struck out and there be a Judgment for the Claimantn pursuat to CPR 3.4 (2)(a) the Claimant respectfully submits that the Defendant's Defence discloses no reaasonable grounds for defending the Claim abd that the Defendant's Defecne be dismissed and there by Judgment for the Claimant against the Defendant pursuant to CPR 24.2(a)(ii) and (b) as the Defendant has no real prospect of successfully defending the Claim and there is no other compeling reason why the case should be disposed of at trial'

 

........The Defendant's attention is drawn to CPR 24.5 (1) which provides that if the respondent to an application for Summary Judgment wishes to rely on written evidence at the hearing, they must:

 

(a) file the witness evidence; and

(b) serve copies on every other party to the application, at least 7 days before the summary Judgement hearing

 

 

 

Why do I ALWAYS get this stuff on a FRIDAY???

 

Oh, and my application for adjournment of the Cabot on Monday hearing has been......yes, denied! Any help on that thread would be gratefully rec'd!!

 

MXXXXX

 

Hi Andy,

 

just checking in - should I be in touch with Cobbetts to let them know no defence was enclosed?

 

Have had a terrible week of losing 2 Cabot claims - now thinking over N460s.

 

The same DJ is assigned to all my cases - v. tough so I want to be as prepared as poss for this one.

 

Sorry to bother you....but am I overlooking anything?

 

Many thanks - hope you're well,

MXX

[Martel]

Thanks all,

link to my thread

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/263107-pumpytums-incasso-natwest-overdraft.html#post2971794

 

Acknowledgement done CPR's ready to fly

 

It's a joint account too.

 

Thanks already to Hungry for help on this thread. Very helpful on mine too.

 

Lets see what June 11th brings could be very useful for us with "fair" charges.

 

Cheers

 

Pumpytums

 

Hiya,

 

Have been a bit busy this week (3 hearings).....will wander over to your thread this weekend....hoping all is okay with you......MX

[Rhia]

Subbing with interest!

[Martel]

Hoping someone comes along soon with some advice. As it's a SJ hearing, I am hoping I can prove it's at the very least worthy of a hearing....but I want to avoid getting snarled up and defeated by the pedantic expectations of the court, as I did twice this week.

 

MXX

[pumpytums]

Do you dispute the outstanding balance in any way?

 

If so have you looked into S140

 

Bank Charges Court Guide: New legal arguments to take on the banks...

 

Do you question the way they defaulted you? Did they use 76(1) & 98(1) have a read up on 76(6) and 98(6).

 

 

Did you have Advantage Gold did you request it or was it applied without your knowledge?

 

Pumpytums

[pumpytums]

The s140 puts the load back onto the Claimant they have to prove that the charges are fair this approach was not used by the OFT as its up to the individual and couldn't be raised by them.

 

Pumpytums