Welcome - illegal repo in contravention of section 92 and unfair relationship ** WON **

[Indebted1971]

Well the rule is if it's not public property it must be private property. Who has access to it? Is it open to anyone to use?

 

it is one of about 10 individual car parks down a long road of about 20 small blocks of flats but none of them have any gates on them so yes i guess anyone could park there theoretically whether they lived there or not.

 

And good luck from me too, I too have watched yours and beyond's thread on and off for months trying to help me understand my own.

[wannabedebtfreesoon]

it is one of about 10 individual car parks down a long road of about 20 small blocks of flats but none of them have any gates on them so yes i guess anyone could park there theoretically whether they lived there or not.

 

And good luck from me too, I too have watched yours and beyond's thread on and off for months trying to help me understand my own.

Ok but is it residents only parking?? Is there any penalty for parking there if you are not a resident? I'm sure I've read that residential car parks are also counted as private property.

 

Thank you for your well wishes, it is much appreciated

 

Do you have your own thread??

[Indebted1971]

yes it is supposedly residents only parking, but there is no signs or penalties. Because it is not near any shops or businesses it would only be used by residents and the odd criminal who likes to dump their car in the car park after a crime that gets towed away quite quickly.

 

Yes my thread is under welcome finance. think it is called welcome paperwork from SAR

[wannabedebtfreesoon]

Just had word from the court and apparently the Judge has a full list today and will not get to see my application today. Possibly not even tomorrow They said to ring in on friday to see if anything has happened. I'm getting so wound up now I think I might just keep myself busy and wait for the letter to arrive.

 

I'm supposed to send my standard disclosure by the 9th of July so I'll get prepared for that too just in case

[beyondhope]

Oh nooo, how typical!! maybe me thinking it was Friday was a sign LOL Hope you get some answers on Friday hun, get stuck into mine whilst you waiting as I have a feeling they arent going to give much lee-way time wise!

[beyondhope]

any news hun? xx

[wannabedebtfreesoon]

any news hun? xx

No sorry I just didn't ring to find out. I'm gonna wait for the letter I think. It's taken up so much of life to date I just need some time to sit back and focus on the rest of my life too!! It's doing me in!

 

I still think about it a lot. I'm quite happy with the way things have worked out so far, you know how philosophical I can be!

 

Do you remember when I asked for lots of positive thoughts from everyone for Judge C?? Well I think it worked lol!! When I spoke to the court on Wednesday they said "the Judge probably won't see it today cos SHE'S got a very full list". I've got everything crossed that it was the same Judge I had the first time, the fact that it was a SHE at least is looking promising!!

 

I looked back over my witness statement and I had actually named the Judge twice in it, referring to their arrogance and their disregard for the law and the rules having sold the car on despite the judge's order! Pre-empting judges' decisions and taking the law into their own hands and all that!! It can only be good if it's the same judge that gave the first order and is already familiar with the case AND not to forget how their solicitor argued the toss with her about her decisions lol!!

 

Still not heard a peep outta t'other side ;-)

 

The weird thing is, I had every intention of getting my SJ in on Thursday 10th June but for some reason I just couldn't get my brain in gear and didn't end up putting it in til 3pm the next day. Strangely, if I had got it in as planned it definitely would've been seen by a different Judge. I know this cos I got my Notice of Allocation dated 11th June and it was signed by a different Judge :grin:

 

So thank you all for your good luck and well wishes, power to the people yay!!!

 

Will report back as soon as I hear anything x

[wannabedebtfreesoon]

OMG! I got 3 blobs!

[DontPushMe]

And why not? You're an inspiration to us lesser mortals.

 

Best of luck - you deserve it for all the hard work you've put in.

 

DPM

[wannabedebtfreesoon]

And why not? You're an inspiration to us lesser mortals.

 

Best of luck - you deserve it for all the hard work you've put in.

 

DPM

I never cease to be amazed by how much support and good will I encounter on this site. Thank you very much

 

I only hope I can return the favour in helping others

[beyondhope]

No sorry I just didn't ring to find out. I'm gonna wait for the letter I think. It's taken up so much of life to date I just need some time to sit back and focus on the rest of my life too!! It's doing me in!

 

Oooo get you with the patience of a saint LOL I do know what you mean though hun

 

I still think about it a lot. I'm quite happy with the way things have worked out so far, you know how philosophical I can be!

 

Defo theres been nothing to rock the boat in a bad way

 

Do you remember when I asked for lots of positive thoughts from everyone for Judge C?? Well I think it worked lol!! When I spoke to the court on Wednesday they said "the Judge probably won't see it today cos SHE'S got a very full list". I've got everything crossed that it was the same Judge I had the first time, the fact that it was a SHE at least is looking promising!!

 

Ooo brilliant will keep everything crossed! when I popped down the court earlier the same judge was in, I KNEW that was his jag LOL

 

I looked back over my witness statement and I had actually named the Judge twice in it, referring to their arrogance and their disregard for the law and the rules having sold the car on despite the judge's order! Pre-empting judges' decisions and taking the law into their own hands and all that!! It can only be good if it's the same judge that gave the first order and is already familiar with the case AND not to forget how their solicitor argued the toss with her about her decisions lol!!

 

Absolutely!

 

Still not heard a peep outta t'other side ;-)

 

Not surprised they too busy sending me recorded delivery letters LOL

 

The weird thing is, I had every intention of getting my SJ in on Thursday 10th June but for some reason I just couldn't get my brain in gear and didn't end up putting it in til 3pm the next day. Strangely, if I had got it in as planned it definitely would've been seen by a different Judge. I know this cos I got my Notice of Allocation dated 11th June and it was signed by a different Judge :grin:

 

Twas meant to be!!

 

So thank you all for your good luck and well wishes, power to the people yay!!!

 

Will report back as soon as I hear anything x

 

I will have everything crossed for you as always hun! I will await the next chapter with keen interest as always now dont go disappearing on us just coz you have 5mins to chill from your own LOL xx

[wannabedebtfreesoon]

I will have everything crossed for you as always hun! I will await the next chapter with keen interest as always now dont go disappearing on us just coz you have 5mins to chill from your own LOL xx

Don't think you're gonna get rid of me that easily girlie!!

[beyondhope]

Don't think you're gonna get rid of me that easily girlie!!

 

 

Yay oh and congrats on the three blobs lol x

[wannabedebtfreesoon]

Everybody please join together and send out some positive thoughts for Judge C

Thank you all for your positive thoughts for Judge C! Judge C did in fact get to be the one that viewed my application for Summary Judgement

 

Hello

There is a possibility that there may be an end to it all. I've basically applied to the court for a judge to make a final decision and judgment on my case without the need for a trial. So there is a chance that I might receive a "Judgment for the Claimant" in the post, although this is best case scenario!!

It's probably more likely that the judge will list it for a hearing first, but I thought I'd try my luck and see if the court would make an order of it's own initiative. There's no harm in trying!!

 

My application for Summary Judgment was referred to District Judge C and she has ordered that the application be listed for a Summary Judgment Hearing with a time estimate of 1 hour and 10 minutes reading time!!

 

Rock on Judge C!! :grin:

 

I couldn't be happier

 

[Dear Welscum, I know you haven't had your N24 yet but as a heads up for when you do; Mr P don't bother consulting with your cronies about settlement offers and gagging orders because I'm not interested!

I'm going for judgment and nothing else will suffice!!!!

You know as well as I do that the 2 possibilities you were arrogantly banking on have now been blown out of the water because I've got a hearing!! Can't wait to see you in court ]

 

The lovely clerk at the court has told me she'll deal with the date for the hearing tomorrow but she'll do her best to get it done today and will try her best to make it as soon as possible :grin: Because of the length of time the judge has allowed it may be towards the end of August, so I'll keep you posted as soon as I know

 

Round 2 to the little person, roll on round 3

[beyondhope]

Thank you all for your positive thoughts for Judge C! Judge C did in fact get to be the one that viewed my application for Summary Judgement

 

WAHOOOOOOO

 

 

 

My application for Summary Judgment was referred to District Judge C and she has ordered that the application be listed for a Summary Judgment Hearing with a time estimate of 1 hour and 10 minutes reading time!!

 

YEEAAHHHHHH

 

Rock on Judge C!! :grin:

 

ROUND OF APPLAUSE FOR JUDGE C!!

 

I couldn't be happier

 

[Dear Welscum, I know you haven't had your N24 yet but as a heads up for when you do; Mr P don't bother consulting with your cronies about settlement offers and gagging orders because I'm not interested!

I'm going for judgment and nothing else will suffice!!!!

You know as well as I do that the 2 possibilities you were arrogantly banking on have now been blown out of the water because I've got a hearing!! Can't wait to see you in court ]

 

The lovely clerk at the court has told me she'll deal with the date for the hearing tomorrow but she'll do her best to get it done today and will try her best to make it as soon as possible :grin: Because of the length of time the judge has allowed it may be towards the end of August, so I'll keep you posted as soon as I know

 

Round 2 to the little person, roll on round 3

 

This is just fantastic!! So with the hearing does 1hr 10 mean pure reading or do you go and represent yourself etc etc xx

[wannabedebtfreesoon]

This is just fantastic!! So with the hearing does 1hr 10 mean pure reading or do you go and represent yourself etc etc xx

oops! I meant the hearing is for 1 hour and there is an additional 10 minutes for reading time!!

Summary judgement hearings are about a judge weighing up the written evidence already submitted and we are basically just there to answer any relevant questions she/he may have to aid her/his decision

[bobby456]

Hi Urgent Help:

 

I Am New To This I Do Not Know How To Post A Question I Bought A Car 6 Weeks Ago It Has Been Repossessed Because Previous Owners Had Fines And Bailiffs Came And Repossesed Even Though I Am A New Owner.

 

Can Any Give Advice

[wannabedebtfreesoon]

Hi Urgent Help:

 

I Am New To This I Do Not Know How To Post A Question I Bought A Car 6 Weeks Ago It Has Been Repossessed Because Previous Owners Had Fines And Bailiffs Came And Repossesed Even Though I Am A New Owner.

 

Can Any Give Advice

Hello Bobby, welcome to cag.

Click this link and it should take you to where you can start your own thread.

Give as many non-personal details as possible and I'm sure you will receive all the help you need

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=267

[wannabedebtfreesoon]

Had my Notice of Hearing of Application today

 

10th September 2010 at 10.15, (one hour allowed).

It appears they will have got a Notice and a copy of my application today too, so let the fireworks begin!!! I wonder what nonsense they will come up with in their defence, wish I could be a fly on the wall today

 

They have got until 7 days before the hearing to file any evidence they wish to rely on at the hearing, but then I will have up til 3 days before to counter argue.

 

Does anybody know if I still have to comply with the standard disclosure as set out on my Notice of Allocation or if this hearing overrides any directions for the trial???

[beyondhope]

Had my Notice of Hearing of Application today

 

10th September 2010 at 10.15, (one hour allowed).

It appears they will have got a Notice and a copy of my application today too, so let the fireworks begin!!! I wonder what nonsense they will come up with in their defence, wish I could be a fly on the wall today

 

They have got until 7 days before the hearing to file any evidence they wish to rely on at the hearing, but then I will have up til 3 days before to counter argue.

 

Does anybody know if I still have to comply with the standard disclosure as set out on my Notice of Allocation or if this hearing overrides any directions for the trial???

 

 

oooo not too long away!!!! how exciting!!

[ims]

wannabe, hows things going, just a quick question,

 

Have you had to provide evidence to welcome under CPR rule 25??

 

If so, what is it they are asking for and what do you actually have to give them, do you have to fully explain how you are going to use the evidence or do you just send them the paperwork and let them work it out for themselves??

 

cheers

[wannabedebtfreesoon]

wannabe, hows things going, just a quick question,

 

Have you had to provide evidence to welcome under CPR rule 25??

 

If so, what is it they are asking for and what do you actually have to give them, do you have to fully explain how you are going to use the evidence or do you just send them the paperwork and let them work it out for themselves??

 

cheers

Hello ims, things are at a bit of a standstill for me, gotta wait til 10th Sept for summary judgment hearing so just sitting on my hands at the mo!

 

I didn't have to give anything under cpr25 becuase I didn't apply for an injunction. From what I can make out the evidence needs to be either a witness statement, a statement of case or an application.

 

A witness statement supported by a statement of truth outlining your reasons for applying for the order would probably be your best bet as far as I can see.

[applecart]

Hi IMS

 

When you applied for the injunction, you would have made some statements to advise the judge that you required an injunction for a reason because you have a good reason for why he should allow the injuction - (i.e invalid bill of sale/agreement or whatever.....)

 

CPR 25 requires that you now come up with the 'goods' - so's to speak. (your proof or evidence)

 

The current injunction placed on your lender is only 'interim'.... which means unless you can justify the injunction - then you run the risk of the injuction being removed which will allow the lender to go ahead with his intention to have the injuction 'struck out' so he can take your car.

 

The Judge requires that you submit evidence to support your initial claim - you must do this to secure your interest and stop the lender from winning access to your car.

 

You are being given the opportunity to file a full claim - you are being asked to submit your case for the injunction to be made permanent - you must now submit whatever evidence you have to secure your claim to the vehicle.

 

It is custom for any claimant to provide his/her written eveidence in the form of a 'witness statements' and to sign it to say that to your knowledge and belief the facts are true and to date it.

 

It is custom that you are in a position to support your written evidence with documentary evidence as relied upon in your written statement (i.e if you are stating 'they have no right to the vehicle because they failed to serve a valid Default notice' - then you must produce the Default notice as evidence)

 

If you are concerned about giving the lender your evidence prior to the hearing - I have known Litigants in Person to produce the 'eveidence' to the other party minutes before the hearing - (but your statement should be filed within the time limit as directed by the court - ok?) the Judge will just want to know that they have had a copy of it.

 

The lender should be able to draw up any defence they wish to based on what you submit as your 'written statment'

 

So, in brief..., get 3 x statements done and 3 x set of documentary proof to back up what you claim in your statement BUT send 2 x statements to the court and 1 x set of documentary proof - send a letter stating you have kept a copy of a statement for yourself and that 1 x documentary proof will be sent to the Lender direct.

 

see the CPR 25 (rules of engagment) here:

PART 25 - INTERIM REMEDIES AND SECURITY FOR COSTS - Ministry of Justice

 

Hope I haven't mis-understood your situation but I hope this helps?

 

Apple : )

[wannabedebtfreesoon]

Does anybody know if the Summary Judgment hearing supercedes the Allocation Directions???

[ims]

Hi Apple thanks for the advice, i was cautious about sending my lender details of the evidence i am about to use in court, mainly as it does draw light to some naughty things thay have been doing, however, i have sent them copies of the evidence i have produced to the judge, but i did not highlight any part of it in the lenders copies, or explain how and in which way i was going to use the said evidence produced. However i did highligh and comment on the judges evidence provided so he/she could see for herself what point i was making, i also provided a covering letter and placed the evidence in chronological order for ease of reference.

 

I am given my case looking forward to going to court.