Jump to content



Legal Action: how to start off. IMPORTANT IF YOURE BEING SUED


Please note that this topic has not had any new posts for the last 3508 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

cheers bust,

 

I have seen a few people wait and wait and wait for a reply, and then get default judgment against them, the rules are clear and easy to follow they say 7 days, so on day 8 AFTER the Claimant receives the request if he hasnt complied you get on his back straight away

 

The point is, and i keep banging on about it, but if you file a dog doo doo defence because you dont have the documents, then apply later to amend when disclosure occurs, the rules say the party amending pays the costs of the other party so here comes a nice costs order for £2-3k

 

There is case law, such as nomura vs granada,expandable vs rubin, which says a party bringing a claim founded on a contract cannot object to disclosing it if its mentioned in its statement of case. If the party doesnt have the contract on which the Claim is based then one ponders how it can sign a statement of truth saying the facts of its claim are true if it dont have that document in its possession

 

Contempt of court springs to mind for starters.

 

the rules are there to be used, i have never had a default judgment against my client following these procedures, but i am never frightened to apply when the time frames run out.

Link to post
Share on other sites
  • Replies 344
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

This info is so invaluable Pt..many thanks.

Could this, the info on CPR 31.18 etc possibly be incorporated into a series of legal advice blogs PT?

It would get round the sticky issues :-)

 

Elsa x

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

Link to post
Share on other sites

31.14 you mean?

 

and im sorry but at the moment, im having real difficulties in feeling kind and helpful towards this site, i would if a simple question was answered that i have asked over and over.

 

However, i am drafting something for another site at the moment, so if someone were to copy it then so be it

Link to post
Share on other sites

It would get round the sticky issues :-)

Elsa x

 

Sticky issues ??? take a look at the top of the legal forum, think you'll find the threads requested have been stickied :-)

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites
Sticky issues ??? take a look at the top of the legal forum, think you'll find the threads requested have been stickied :-)

 

S.

 

 

dam it, then i need my name changing to STEVIE WONDER cos i cant see the ones which hundreds have asked for to be stickied

 

infact, DX100UK said ( and i know its not the case but hey ho) the site team dont handle stickies but only Admin do,

 

so,

 

one asks a direct question to you shadow, where is the embarrassed defences thread? where is the CPR 31.14 vs 31.18 thread which would undoubtedly provide many with help and avoid the mess-ups which have occurred on here recently???

 

where are they? they arent stickied despite many many asking for them

 

sigh

Link to post
Share on other sites

Hi PT sound advice as always. I don't know if I have got myself in back to front with my case with HSBC.

 

HSBC issued a claim against, and I filled an AOS. I sent a CPR request on the 15 Nov 10, no response received. I then submitted my defence before the deadline. On the 9 Dec 10 I wrote HSBC a very strong worded letter and this is what they replied with:

 

Dear Mrs,

 

Thank you for your letter dated 9 December 2010 concerning your HSBC Credit Card.

 

I am looking in to matters you have raised and will contact you with a full response as soon as I have completed my investigations.

 

In the meantime, I enclose a copy of our leaflet which explains how these matters are dealt with. If you do need to contact us please quote reference number 1234567890

 

Yours sincerely

Service Quality Officer

 

HSBC deadline was on the 27 Dec 2010 and I have not heard anything from them or the court. I have written 3 times to them requesting information and sent these letters special delivery...........and now they have responded that will get back to me after they have investigated this matter.

 

I don't know if I have done this whole thing back to front or made a mistake but I can't understand what is going on here. I would have thought that they would have done all their investigations prior to issuing a claim against me, after all there is nothing new that I have written to them or any change of circumstances.

 

I am not sure if I should apply for a strike out or wait for them to finish their investigations? Last thing I need is to mess anything up and get in to any further doo doo. Really appreciate any input or advice on what I should be doing next please?

 

BTW, happy new year soooooooon

Link to post
Share on other sites
where are they? they arent stickied despite many many asking for them

sigh

 

Strange...

 

stickied_threads.jpg

 

S.

  • Haha 1

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites

Yes, they are stickied and have been for a few days.

 

Embarrassed defences

CPR31.14 v CPR31.18

Important if you are being sued.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
Now i am worried!!

 

So do i use 18 or 14?

 

I have the document that is mentioned in the poc so i cant really see what else i can ask for?

 

ok,

 

im not sure what the general people think the purpose of the disclosure provisions of the Civil Procedure Rules are meant for,

 

but if you have the documents mentioned in the parties statement of case, then you can answer the Claim surely?

 

you have their pleaded case, you have the documents mentioned in it then you have everything you need to formulate a defence in accordance with CPR 16.5

 

so i do not see why you would be worried?? what would you be worrying about?

 

please can you explain?

  • Haha 1
Link to post
Share on other sites

OOPS..

New Years Resolution:

Check all stickies before mentioning sticky issues.

 

:whistle:

 

 

Waves to Shadow & CB..thanks guys (and gals!)

 

:biggrin:

  • Haha 1

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

Link to post
Share on other sites
Now i am worried!!

 

So do i use 18 or 14?

 

I have the document that is mentioned in the poc so i cant really see what else i can ask for?

 

Hi indiana, I believe you have been advised to use CPR18 to get information on the claim and then use CPR31.14 if that response discloses any documents.

 

Thread here http://www.consumeractiongroup.co.uk/forum/showthread.php?287012-County-Court-action-by-ex-friend

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites
Waves to Shadow & CB..thanks guys (and gals!)

 

:biggrin:

 

All CitizenB's work I'm afraid... I just loiter with intent around the site :-)

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites
PV,

A Defendant faced with a Claimant who declines to deal with his CPR 31.14 obligations promptly (ie within 7 days of the request) may file an application with the court in Form N244 for an appropriate order.

 

The following text is fom a post I made in wakeywakey's thread entitled: 'Marlins/Arrow Global have no CCA-Now what?' and deals with the completion of the N244 for an appropriate order folowing a Claimant's failure to comply with a CPR 31.14 request.

 

In box [3] of the N244 write:

 

'An order that unless within 14 days of the making of an order upon this application the Claimant complies with a request made by the Defendant on (date) pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely [1] the agreement [2] the default notice and [3] the assignment, the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court with the costs of this case to be paid by the Claimant to the Defendant to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

 

The application is made because of the Claimant's refusal to comply with the Defendant's CPR 31.14 request and the documents are required owing to [here add any special feature or requirement of the case] and to enable the proper preparation of a Defence.'

 

In Box 4 write: 'Yes'

In Box 5 write: 'Without a hearing'

Ignore Box 6

In Box 7 write: 'None'

In Box 8 write: 'District Judge'

In Box 9 write: 'Claimant'

In Box 10 tick the box marked 'the evidence set out in the box below' and beneath it write:

 

'On (date), following service of the Claim Form in this case, I wrote to the Claimant requesting inspection of documents mentioned in the Particulars of Claim pursuant to CPR 31.14. A copy of my letter of request is attached to this application notice marked 'A'.

 

The following is the text taken from my wakeywakey post but hopefully will assist with a gist of the sort of thing to say:

 

[The Claimant replied by letter dated (date) rejecting my request on the ground it had no obligation to comply. A copy of this reply is attached to this application notice marked 'B'.

 

The agreement relied upon by the Claimant is now very old. The documents sought by my request are essential for the proper preparation of my defence and the determination of the claim and CPR 31.14 afford me a right to inspect those documents.']

 

Sign the statement, attach the copies and complete the remainder of the N244 in the usual way applicable to your case.

 

On a separate piece of paper to be attached to your application notice, write this:

 

Claim No:

Draft Order

 

1 Unless by 4:00pm on (date) the Claimant complies with a request made by the Defendant on (date) pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely [here list the documents sought in the CPR 31.14 request for example, [1] the agreement [2] the default notice and [3] the assignment,]

the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court, and

[ii] the Claimant shall pay the Defendant his/her costs of this case to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

 

2 In the event that the Claimant shall comply with this order,

the Defendant shall file and serve a Defence by 4:00pm on (date) and

[ii] the Claimant shall pay the Defendant his/her costs of this application [in any event] [assessed in the sum of £130.00]

 

The fee payable to the court on filing this application is presently £75.00.

 

Hope this helps.

 

x20

 

A very useful post, which if i could edit my posts i would include within the first postings in the appropriate spot

 

X20 made a very very good post here and has set out the "next step" when the lender fails to disclose adequately

  • Confused 1
Link to post
Share on other sites

Another gem - thanks Pt

This stuff seriously needs collating in logical order all in one place...without all the inevitable queries and discussion muddying the waters in between.

Would anyone object if I did a composite blog in the New Year, pasting (and crediting authors of course!) all the pertinent posts?

I prefer blogs as the main content stays intact from the comments.

It's a selfish request really as it would help me get my head round the process. Pretty sure I'll need it eventually!

 

Elsa x

  • Haha 1

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

Link to post
Share on other sites

Thanks for that gold nugget piece of info pt.

 

Is is possible that I could use the above in my situation. I mean I have already submitted my defence, even though HSBC have not sent me anything I requested and now they have written to me stating they will contact me after they have completed their investigation.

 

I am worried that I may have done things back to front....because even though HSBC did not respond to my CPR request I still submitted my defence all the same. Thing is now this has gone on too long and I cannot see an end to this anytime soon as they are taking their time and diddling me about. I have done everything I could do to bring this matter to a sensible conclusion but gained no luck.

 

HSBC had until the 27 Dec 2010 to put a response to court as that was their deadline, I have heard nothing from the court or from HSBC so I assume that my case has been stayed. I would like to apply for strike out of the claim that they have issued and can I use the above info to do this? I have more reasons to apply for a strike mainly the unfair and unreasonableness of HSBC towards me.

 

They issued a claim and now they are investigating........I would have thought that they would have completed all their investigations prior to issuing proceedings against me.

 

I look forward to any bit of help or advice you can give pt as this is really doing my nut in as I do not know where I stand at the mo with HSBC or the court.

Link to post
Share on other sites
Another gem - thanks Pt

This stuff seriously needs collating in logical order all in one place...without all the inevitable queries and discussion muddying the waters in between.

Would anyone object if I did a composite blog in the New Year, pasting (and crediting authors of course!) all the pertinent posts?

I prefer blogs as the main content stays intact from the comments.

It's a selfish request really as it would help me get my head round the process. Pretty sure I'll need it eventually!

 

 

 

 

Elsa x

No objections from me UE, go for it :whoo:

Link to post
Share on other sites
Another gem - thanks Pt

This stuff seriously needs collating in logical order all in one place...without all the inevitable queries and discussion muddying the waters in between.

Would anyone object if I did a composite blog in the New Year, pasting (and crediting authors of course!) all the pertinent posts?

I prefer blogs as the main content stays intact from the comments.

It's a selfish request really as it would help me get my head round the process. Pretty sure I'll need it eventually!

 

Elsa x

 

Very sensible idea - there are many threads that could do with having the useful posts extracted and blog'd

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

Link to post
Share on other sites

A very good idea :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

:-) Thanks Cb

I'll get started after the hols....

Hopefully you'll all point me in the direction of anything I miss..

might need to start a thread to collect links.

 

Elsa x

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

Link to post
Share on other sites

hiya Pt2537

 

thank you for your post 272 - it really is where i had gone wrong i know what a huge lesson i learnt but anyway, wont happen to me again i can promise you that, im a pretty fast learner, ive printed it off so its there in front of me for any future cases

 

anyway ive updated my thread and will have to see what happens in the new year, thanks for your help in the meantime and happy new year

 

cheers angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

hiya undercover- elsa

 

happy 2011 and i think its brill - a blog and a training manual at the same time for us all

 

im happy to help you with this and ive sent u my pat on the back rep too, lol

 

keep happy laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...