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

[rcl]

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

 

 

I would follow the allocation directions anyway. if the SJ ends up as a trial, and you havent followed the directions, the defendant can apply to have it kicked out as you failed to follow directions, or it will delay your case

 

If you are not going to follow the directions given, maybe sent a letter to the defendant asking if they will allow a ? week extension, in view of the SJ hearing.

 

What directions were given, and what should be taking place in the next 5 weeks ? Im guessing standard disclosure ? witness statements ?

[wannabedebtfreesoon]

yes it's the standard disclosure and witness statements that will be required on dates before the SJ hearing. I think I'll ring the court in the morning to check what I have to do. The last thing I want is for my claim to be struck out because I inadvertantly didn't comply with directions! Equally I'd rather not look like an incompetent fool complying with directions for a non existent trial!

 

It's a tough one cos the point of a SJ is to vacate the need for a trial. Although having re-read Part 24 it does say that if an application is dismissed the judge will give further case management directions.

[rcl]

i would send them anyway, then if the sj hearing goes in your favour, there is nothing lost, however, if it does go to trial, and the judge goes to give further directions at the sj hearing, you can say you have exchanged documents and he will just set a trial date, however, if you havent exchanged documents at that stage, he will give you another date to exchange docs, and then set a trial date

 

better to be organised now, to potentially save time later

[wannabedebtfreesoon]

Yes that seems to be the general consensus

Thanks for your help

I've just looked at the directions again and the standard disclosure list has to be submitted by 4pm tomorrow

I'm going to fax it to them in the morning so there'll be no doubt they received it on time

Haven't received anything from them though, if I don't get it in the post tomorrow there's no way they'll get it to me by the time and date ordered! Unless they deliver it by hand of course But their failure to file things on time is nothing new

 

If they fail to comply with the orders I am entitled to ask for their defence to be struck out. I'm convinced this is what they want; it'd be their only opportunity to get out of this without having to admt liability.

Although I would be entitled to go for the strike out, doesn't mean I necessarily have to does it??

 

I don't believe there would be any reason why I couldn't just accept their non compliance and then just attend the summary judgment hearing as planned. It's something to cogitate over anyway

[rcl]

Your probably right, I spent hours trying to find some info on court cases where this has happened to someone else and it actually made it to court. It seems there is a load of people who get their car repo'd, and it mainly goes down the route of just accepting it, and getting judgements. The last thing welcome want is to go to court. I think you will probably get an offer a couple of days before the trial. If they slap a gagging order on you, I'm hoping you will pm me anyway lol !

 

When Dunctons phoned me to say they were dropping the case, I asked why they were dropping an airtight case ? and she said 'Thats all I am prepared to say on the matter ! lol

 

How far away from you is the court where the hearing is ? Is it Welcomes local court ?

[wannabedebtfreesoon]

That's what all this has been about from the start It was always the principle of the matter that affected me most, I got really fed up that they could do whatever the hell they they liked irrespective of the law and without any recourse!

 

My case has not been straightforward, there have been some unexpected twists and turns that have resulted in them not getting any opportunity to skulk off and lose by default, therefore not admitting liability I'm a big believer in fate and I totally believe it fell this way for me for a reason I'm a stubborn moo and once I've got my mind set on something, nothing gets in my way!

 

The court is only 5 minutes away from me and it's my home court, it was never transferred to their home court because they are a company and I am an individual

 

I absolutely do not have to accept or sign any kind of gagging order And unless they offer me an extortionate amount of money for my silence I absolutely refuse to sign one

 

As for offers before the court date, I am not obliged to accept anything less than the full amount and even if they do offer the full amount I can still apply for the judgment against them based on their admission and offer to pay the full amount claimed. It's too late for them now, there is nowhere left to hide and no way out. This case is going before a judge and there's nothing they can do about it

 

The next time they would get to default on court orders and be liable for having their defence struck out would be when it comes filing a pre-trial checlkist. Lucky for me and with a big helping hand from fate, the date for filing that is 7 days AFTER the summary Judgment hearing

 

I don't give a monkeys if they don't send their standard disclosure or witness statements, the court would only be alerted to their non-compliance if I inform them and make an application for the strike out. But I have no intention of doing that

 

If they didn't want to go to court they shouldn't have broken the law should they????

 

Even if things don't go my way in the end at least I can sleep easy knowing that I've done my best, taken all the opportunities that were presented to me and got them in front of judge, which is all I ever wanted

[rcl]

I didnt realise that things stayed in your nearest court if you are LIP fighting a company, thats fab. Does that apply to small claims, fast track and multi ?

 

Im pressuming as you are claiming for the car value too, your claim is fast track ?

[wannabedebtfreesoon]

Just spoke to the lovely lady at the court

We still have to comply with original directions and if they don't comply I can get an order to enforce compliance or make an order for their defence to be struck out BUT I don't have to if I don't want to

Aparrently "it's a choice" so I am perfectly within my rights to not make any applications of the sort and just quietly comply myself and then await the hearing

 

End of the line Welcome. We're going to court!!! Comply if you want or don't comply, makes no odds to me

[wannabedebtfreesoon]

I didnt realise that things stayed in your nearest court if you are LIP fighting a company, thats fab. Does that apply to small claims, fast track and multi ?

 

Im pressuming as you are claiming for the car value too, your claim is fast track ?

Yes absolutely, the rules are usually that the case automatically gets transferred to the defendants home court UNLESS the defendant is a company and the claimant is an individual, in which case it remains in the claimant's home court

 

Yes my claim has been allocated to fast track, which is fine because I get to claim costs too

[wannabedebtfreesoon]

I wonder if there's a limit to how many times I can update my thread in one day lol!!

 

Mr Postie has just been and unfortunately not brought me Welcome's standard disclosure

 

Who knows, maybe they'll hand deliver it by 4pm this afternoon?

 

Very tempting to prepare my application for strike out but I think I'll go shopping instead

 

They're probably waiting to see what I'll do, which incidentally is fax them my disclosure list a little bit later on today

[wannabedebtfreesoon]

Hello Guest

[rcl]

they are definately playing the system arent they ! testing you at every stage in an attempt to get their own way !

[wannabedebtfreesoon]

they are definately playing the system arent they ! testing you at every stage in an attempt to get their own way !

I relish the challenge!

Well 4pm came and went and no disclosure

I sent mine by fax, will send hard copy by post too I think just to be on the safe side

[beyondhope]

well I was only thinking how quiet things had been on the cag front...yep u guessed it no notifications again - stupid internet! well well well what a shocker no disclosure oh thats right coz theres no court order for repo to show to justify their actions, as explained in their defence sounds like its all rumbling along nicely hun. hope all is well with u xx

[wannabedebtfreesoon]

well I was only thinking how quiet things had been on the cag front...yep u guessed it no notifications again - stupid internet! well well well what a shocker no disclosure oh thats right coz theres no court order for repo to show to justify their actions, as explained in their defence sounds like its all rumbling along nicely hun. hope all is well with u xx

and I was just thinking how quiet it was on here without you! Yes we're all good thanks, I see you're still playing the dreaded waiting game They only got til wednesday to reply, bet you'll get it on tuesday! I think Mr P is going to be a very busy boy, who knows if he'll actually be able to keep up with all the claims

[beyondhope]

and I was just thinking how quiet it was on here without you! Yes we're all good thanks, I see you're still playing the dreaded waiting game They only got til wednesday to reply, bet you'll get it on tuesday! I think Mr P is going to be a very busy boy, who knows if he'll actually be able to keep up with all the claims

 

Bless ya hehe, glad to hear it yep wait wait wait which suits me at the mo as ull see from facebook with inspector! Tuesday is fine just make sure ur around LOL Mr P is well ill save that for a private convo lol Im doing a MFW party at mine so ill catch u tomo night. What a wash out im so disappointed dont forget to look when u need anything kid related LOL catch u tomo hun serious wavering wiggle here xxxx

[applecart]

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.

 

Hi IMS

 

I'm not sure I've interpreted what you have said above correctly - but... the documents that you produce for the Judge will/should be exactly the same as the ones you produce for the lender - it must be a direct 'copy' NOT 'a version for one and a version for the other'...... and the evidence you submit must be a direct copy as well.

 

My point was that... if you wished to delay submitting the 'evidence' to the lender - then... that would be ok - but you still have to give them the evidence before the actual hearing. (it may be that your case goes fast track and you may have to 'disclose' all docs you intend to rely on at the hearing long before the hearing occurs - if you don't 'disclose' at this stage any documents you intend to rely on as evidence to the lender - then you will not be able to rely on it at the hearing without the permission of the Judge on the day of the hearing - best to be as upfront as you can in my opinion : )

 

To be fair nine times out of ten - the evidence you will be giving them will be stuff that you gave them anyway.

 

Your witness statement will ideally show exactly how you intend to use their actions and documents that they will have sent to you to fight them and use as evidence against them - do you get my drift?

 

Hope this helps?

 

Apple : )

[applecart]

Hi IMS

 

I'm not sure I've interpreted what you have said above correctly - but... the documents that you produce for the Judge will/should be exactly the same as the ones you produce for the lender - it must be a direct 'copy' NOT 'a version for one and a version for the other'...... and the evidence you submit must be a direct copy as well.

 

My point was that... if you wished to delay submitting the 'evidence' to the lender - then... that would be ok - but you still have to give them the evidence before the actual hearing. (it may be that your case goes fast track and you may have to 'disclose' all docs you intend to rely on at the hearing long before the hearing occurs - if you don't 'disclose' at this stage any documents you intend to rely on as evidence to the lender - then you will not be able to rely on it at the hearing without the permission of the Judge on the day of the hearing - best to be as upfront as you can in my opinion : )

 

To be fair nine times out of ten - the evidence you will be giving them will be stuff that you gave them anyway.

 

Your witness statement will ideally show exactly how you intend to use their actions and documents that they will have sent to you to fight them and use as evidence against them - do you get my drift?

 

Hope this helps?

 

Apple : )

ooops meant to say 'they will have given you' : )

[ims]

Hi apple, i do get your drift, i will pm you the full details just in case, but i have now recived thier evidence, which to put it bluntly is well like a fairy tale, all its missing is snow white, and a happy ending.

[wannabedebtfreesoon]

Hello Applecart, just wanted to let you know that ims has her own thread in the log book loan forum. Your help would probably be more beneficial on there so as not to confuse the issues in her thread and mine

 

http://www.consumeractiongroup.co.uk/forum/log-book-loans-bills/263125-illegal-repossesion-logbook-laons.html

 

Just want to add that I hope you don't think I'm being rude and your advice is much appreciated thank you

[ims]

sorry wannabedebtfreesoon,

 

ps im a he lol

[wannabedebtfreesoon]

sorry wannabedebtfreesoon,

 

ps im a he lol

LOL!! My sincerest apologies Sir!! I know how you feel, people are constantly assuming I am a "HE", I got so fed up with it I even added it to my signature that "I AM A LADY"!!!! HA HA! Hasn't made a lot of difference mind

 

I'm usually really careful when it comes to gender references but for some reason I was convinced you'd previously told me you were female!! Many apologies again

[ims]

Im sure not to take offense, lol, it is hard to define gender with cag lol.

[wannabedebtfreesoon]

Im sure not to take offense, lol, it is hard to define gender with cag lol.

That's good then I know what you mean, I look for tiny clues like reference's to husbands or wives etc! I'm a bit sad I know ha ha!!

[ims]

hows things going with your case?, mine is going perfectly to plan, i mean, hey these guys keep giving me more and more evidence, then have the ordasity to call it thier defence hey ho