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

[patrickq1]

oops a bit lat cabbie you already done it lol

[wannabedebtfreesoon]

Eventually, 6 hrs and 3 20min phone calls later

That's more like it! I think I caught them on a good day

[wannabedebtfreesoon]

Good morning all

I'm in the process of filling in the N244 for summary judgement. Question 4 asks if I will be attaching a draft of the order, I can't seem to find anything on this anywhere

Any advice greatly appreciated, I don't want to mess up at this stage!!

[postggj]

I Know This Sound Stupid But Is It Just Summary Judgement You Are Requesting Or Anything Else

[wannabedebtfreesoon]

I've looked at all the options and I think I'm better off just requesting SJ under rule 24.

[beyondhope]

Good morning all

I'm in the process of filling in the N244 for summary judgement. Question 4 asks if I will be attaching a draft of the order, I can't seem to find anything on this anywhere

Any advice greatly appreciated, I don't want to mess up at this stage!!

 

 

Without running to my friend mr google i would imagine that to mean a draft of what the outcome would be...ill go visit my friend now lol

[wannabedebtfreesoon]

Without running to my friend mr google i would imagine that to mean a draft of what the outcome would be...ill go visit my friend now lol

I've been chatting to my friend Mr. Google all night, (and all morning!!). I kind of thought that too but I'm not sure how to go about it

There is an option to not attach one, so it's not desperate I don't think

[beyondhope]

I've been chatting to my friend Mr. Google all night, (and all morning!!). I kind of thought that too but I'm not sure how to go about it

There is an option to not attach one, so it's not desperate I don't think

 

 

this is from the notes for the form

 

Question 3

Set out what order you are applying for and why; e.g. to adjourn the hearing because..., to set aside a judgment against me because... etc.

 

id then probably say no to attaching because you arent asking for adournment etc

[wannabedebtfreesoon]

this is from the notes for the form

 

Question 3

Set out what order you are applying for and why; e.g. to adjourn the hearing because..., to set aside a judgment against me because... etc.

 

id then probably say no to attaching because you arent asking for adournment etc

Thanks

It's really annoying cos on the notes it just misses out question 4, the only thing I wanted guidance on!

[postggj]

WELL DEPENDING HOW LONG YOUR APPLICATION IS

 

POINT 3 WOULD BE SUMMARY JUDGEMENT

POINT 4 NO

POINT 5 AT A HEARING

POINT 6 30 MINUTES

POINT 7 N/A

POINT 8 DISTRICT

POINT 9 DEFENDANT/RESPONDANT

POINT 10 THE ATTACHED WITNESS STATEMENT

 

 

I MYSELF FEEL THERE IS NO NEED FOR A DRAFT ORDER

 

WITNESS STATEMENT SHOULD BE ENOUGH

 

THIS IS A SIMPLE CASE OF A SUMMARY JUDGEMENT

THE JUDGE CAN MAKE HIS OWN ONE UP

 

WAIT FOR MORE COMMENTS THOUG

 

 

 

THIS IS A ROUGH TEMPLATE FOR A DRAFT ORDER IF REQUIRED

 

 

IN THE XXXXXXX county court

 

Claim No:

 

 

 

 

 

 

IN A PROPOSED ACTION

 

BETWEEN:

 

 

[ ]

Claimant

and

[ ]

Defendant

draft/ORDER

 

UPON [hearing the claimant and the defendant]

 

AND UPON [reading the witness statement

 

IT IS ORDERED THAT:

 

 

 

 

 

 

 

 

Dated the day of 200

[beyondhope]

I noticed that too sod's law isnt it

[wannabedebtfreesoon]

Thanks Postggj, I was kind of erring towards answering no to Q4. The SOC is clear enough and if a draft order was compulsory there wouldn't be an option to not attach one

[postggj]

I Would Go With

 

the Attached Witness Statement

[wannabedebtfreesoon]

I Would Go With

 

the Attached Witness Statement

It seems that I'm not precluded from ticking more than 1 of those boxes??

I will be referring to their defence, (in the fact that it was an admission in parts), and I was also considering attaching some evidence too.

 

I just don't want to allow them any room to squirm out of this, kind of belt and braces approach. I'm aware of not making it too long and drawn out for the judge's benefit; I was thinking of:

 

• My allegation is.....
  
• Points X,Y and Z in their defence are actually an admission to my allegation
  
• Find annexed excerpts from 3 reputable debt advice groups to support my allegation, relevant areas highlighted for ease of reference
  
• CCA 1974 S92
  
• CCA 2006 S140
  

[postggj]

best bet is for you to set out your withess statement and post it up for me to go over

 

the important thing is its not to long as judges to tend to skip over docs

 

relevant points

 

addmission

 

relevant case law

printed out on the witness statement

 

thats the relevant sections

[wannabedebtfreesoon]

Hello Guest! You got your AQ today too??

[wannabedebtfreesoon]

Also got notification from DVLA today that somebody is applying for the V5. So welscum decided to send the car to auction before the conclusion of this case, now that wasn't very sensible was it??! Oh well, just another point for my summary judgement, hay ho

[beyondhope]

Hello Guest! You got your AQ today too??

 

muhahahahaha

[beyondhope]

Also got notification from DVLA today that somebody is applying for the V5. So welscum decided to send the car to auction before the conclusion of this case, now that wasn't very sensible was it??! Oh well, just another point for my summary judgement, hay ho

 

 

Are they serious!!!

[patrickq1]

WOW They seem to think they are above the Law ,i hope you informed dvla that this car is subject to a court action for ?

and not to release the v5

[patrickq1]

i would also be tempted to send a letter to the court informing them that this company is acting in defiance of a summarry court action or something to that effect...would nt it now be classed as theft of property /vehicle withourt the consent from court..

[emandcole]

I'd be tempted to let them do it actually! Will only compound their actions and give you a stronger argument.

[beyondhope]

I'd be tempted to let them do it actually! Will only compound their actions and give you a stronger argument.

 

 

This is what im doing letter outlines that they will issue anyway if we are not the people in possession of the car so no point contesting Cant believe what they sent today tho

[wannabedebtfreesoon]

I'd be tempted to let them do it actually! Will only compound their actions and give you a stronger argument.

This has been decided as the preferred course of action! lol!

I would've loved to have had my car back because it was special to me, (to anyone else it was a falling apart piece of cr*p!), but you're right, I now have even more ammo to prove the kind of wretched company they really are!!

 

I hadn't finished my summary judgement, for some reason I just couldn't muster the motivation to do it the justice I know I have the capability of giving it

 

I strongly believe in fate, and if I had submitted it before now I would've missed this golden opportunity!!

 

I've given it a lot of thought and I can't see this as anything other than beneficial to my case

 

The claim was filed on 1st April, (ha ha! that tickles me every time ), I got my road tax reminder a couple days ago, (so car was still registered to me), and then V5 notification yesterday. This proves that they put my car to auction after the commencement of the case. Even if the DVLA were massively lax, the maximum time it would've taken to process the new application would've been 4 weeks, which was still after the claim date!

 

On my claim form I requested either the car back or the value as stated in the agreement, but now there's no woolly area, value of car it is Which incidentally I put as the value as stated in the agreement, (it's not like they ever make any allowances for depreciation! ).

 

If the judge was going to have any reservations about my claim for unfairness, then hopefully this will strengthen my case

 

It seems so cool that in the space of 2 or 3 days I have received; a road tax reminder, notification of application for V5, notice of allocation to fast track, copy of the directions given by the judge on the day and an Allocation Questionnaire

 

Wannabe is now fully armed and ready to strike!!!

[emandcole]

Sweet. Make sure all of this gets to the OFT via Trading Standards. Really is disgraceful. Perhaps the DVLA should be involved now as well, must be some form of fraud going on here?

 

Watching keenly