Help , Van Repo And Received Court Papers

[wannabedebtfreesoon]

Im having serious browser issues here but have sent the strike out application I received to wannabe, if she can get it posted up great if not ill do it as soon as the mice start working faster Mine was a strike out purely down to a wrong signature, an application which was never received by us until after a hearing date was set and we had to contact the court to find out what the hearing was for! Good luck and you are in safe hands!

Got it thanks, for what it's worth!! Bloody amateurs! Well if they can get away with keeping it so basic then there's hope for us all

Edited August 11, 2010 by wannabedebtfreesoon

[wannabedebtfreesoon]

Hang on I'm messing this up

[wannabedebtfreesoon]

[ATTACH=CONFIG]20850[/ATTACH]

 

I'm trying to make it bigger!!

[wannabedebtfreesoon]

Ok let's try it this way!

[oddball1000]

Sorry no good its not straight

[wannabedebtfreesoon]

Sorry no good its not straight

I do hope you are taking the pee

[oddball1000]

Yeh , sorry it's the budweisers

[wannabedebtfreesoon]

Ha ha! Hope your foot spa is having the desired effect

Can't recommend the shiatsu massager enough, I love it! I'm thinking I might add it to my costs list

[oddball1000]

Like prunes now , My daughter said they sell them in Makro . Think I'll have a look

[wannabedebtfreesoon]

I got mine from a rather large catalogue store, make you you get the heated one....mmmmm

[oddball1000]

Do you think they would let me take one in court ,

[beyondhope]

Got it thanks, for what it's worth!! Bloody amateurs! Well if they can get away with keeping it so basic then there's hope for us all

 

Well our judge was certainly far from impressed!

[beyondhope]

Thanks beyondhope , Its been hard to find something that fits . whats this about a sigature ??, Solicitors dont know yet but i have original copy of my agreement yet the one sent in the POC has a signature from Finance company which is totally different to mine and my signature although looks correct has not just been scanned and copied with another signature looks like the whole document is different when scrutinised .

 

Thanks again for the help Give the mice some cheese

 

I mistakenly took litigation friend as mckenzie friend so signed the claim form, they caught on to this and decided to cause a fuss, which resulted in them looking a little silly at the hearing and walking away with less than 50% of the costs they requested and no strike out!

Mice are still not well but at least I can post now! My apologies for the slant on the notice was a rush job!

[oddball1000]

Hi wannabe , Just letting you know I'm still alive and typin ,

 

Just finishing my strikeout and defence . It has to be in by Friday . Been and bought some law books and been studying to help me in Court .

 

Quick question , just noticed on the 1st page on the claim form , the name of the claimant is totally incorrect

 

It says COMMERICAL VEHICLE FINANCIAL LTD

 

When it should say

COMMERCIAL VEHICLE FINANCE LTD

 

Is it worth pointing it out to the court or do you think they would be annoyed at me for being trivial .

 

The other is , I presume i will need to make a counter claim against them . It looks to me that it's unlawful recission route , whether or not the future balance they are claiming will be written off I'm unsure

Then my costs . No idea off what i can claim for .

 

Any suggestions ??

 

Would you mind if I ask you to look over my final draft for Court and give me an honest opinion . Might be best sending in a PM .

 

Thanks

[wannabedebtfreesoon]

Hi wannabe , Just letting you know I'm still alive and typin ,

 

Just finishing my strikeout and defence . It has to be in by Friday . Been and bought some law books and been studying to help me in Court .

 

Quick question , just noticed on the 1st page on the claim form , the name of the claimant is totally incorrect

 

It says COMMERICAL VEHICLE FINANCIAL LTD

 

When it should say

COMMERCIAL VEHICLE FINANCE LTD

 

Is it worth pointing it out to the court or do you think they would be annoyed at me for being trivial .

 

The other is , I presume i will need to make a counter claim against them . It looks to me that it's unlawful recission route , whether or not the future balance they are claiming will be written off I'm unsure

Then my costs . No idea off what i can claim for .

 

Any suggestions ??

 

Would you mind if I ask you to look over my final draft for Court and give me an honest opinion . Might be best sending in a PM .

 

Thanks

I would think that you should put everything in your strike out application no matter how small, it can only strengthen your case.

 

I don't think you need to counter claim at this stage, get the strike out hearing dealt with first and then if they re-submit you can counter claim at that stage if you want to.

 

You can claim everything in your costs, I'll post you up a copy of mine to give you an idea.

 

Yes I'd be happy to look over it. Tell you what, I'll pm you my email address if you like then you can send it straight.

[oddball1000]

Thanks wannabe ,

 

Believe it or not I've just stumbled onto this , meaning I get 2 bites of the cherry. If not on on CPR 3.4 , But CPR24.2 , they can be submitted at the same time . Having broken all this down and checked my bank statements I'm actually in credit with CVF when they issued the default notice .

 

The last piece of the jigsaw for me is to find legislation which covers my scenario of the demanding and paying of unlawfull collection and repo charges before a court order for return of goods . I know that in CCA S92 it states ( except under the order of a court ) ,( got that bit off you ) just trying to find a section that states , monies cannot be screwed off someone before a court order has been given , or on those lines .

DMBM665900 - CCP: The defendant’s response to the claim: Striking out defences

 

Court action to strike out

 

Under CPR3.4(2) the court may, of its own volition, strike out the statement of case (that is either the claim or the defence) if it appears that it

 

• discloses no reasonable ground for bringing or defending the claim, or
  
• is an abuse of the process of the court, or likely to obstruct the just disposal of the case.
  

The court may also strike out a case where there has been a failure to comply with a rule, practice direction or court order.

If the court staff recognise a defence of this nature they will refer it to the district judge, who may strike out the defence.

Top of page

Claimant action to strike out a defence

 

Both CPR rules 3.4 and 24.2 may be exercised on application by the claimant or on the court's own initiative. If the court does not strike out a defence that

 

• is a bare denial
  
• sets out no coherent statement of facts, or
  
• even if true, would not amount in law to a defence to the claim (for example, where it is wholly irrelevant to the claim)
  

you may apply to the court on N244 with the appropriate fee for the defence to be struck out stating the appropriate reason. CPR rule 24.2 enables the court to give summary judgment, so at the same time you should request summary judgment be entered under CPR24.2 for the amount of your claim, interest and the court fees (including the fee for the summary judgment application).

When your application has been considered, the court may

 

• strike out the defence and enter summary judgment
  
• strike out the defence and allow you to request judgment in default; or
  
• give any other order or direction considered appropriate. For example, the court may order the defendant to clarify or give additional information about the defence by a stated date, with the condition that if the clarification or information is not filed by that date, the defence will be struck out.
  

As an alternative, you may instead consider asking the defendant for more information under Part 18 CPR (DMBM665890).

Top of page

Defendant action to strike out claims

 

You should be aware that CPR rules 3.4 and 24.2 may also be exercised by the defendant to strike out claims. You should be alert to such an application because unless you act on it quickly and properly, you run the risk of your claim being struck out.

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[wannabedebtfreesoon]

I have used Part 24 myself so I am quite familiar with it, but being the defendant is slightly different. If the same rules apply you need to get permission from the court to apply for summary judgement without a defence being filed.

 

My only problem with this route is that by requesting judgement of any sort you are giving credit to their POC which then undermines your own reasoning for requesting the strike out.

1 step at a time

Summary judgement is a very risky procedure and can be very costly if not done properly, so please take care.

[wannabedebtfreesoon]

Here's my statement of costs, you can use it to get an idea of what you can claim if you like

STATEMENT_OF_COSTS_Cag.pdf

[oddball1000]

Thanks Wannabe ,

 

I'd no idea you could claim to that extent , It's suprising how long it takes to get it all together , I see you did'nt chance putting the chair on the list .

 

I'd best get on with the rest of it , only have til tomorrow to get them in .

I'll send some of it to you later to look at .

 

Thanks

 

I

[oddball1000]

Hi wannabe , I mentioned somewhere in the thred about telephone recordings i have made between myself the finance company and their collection agents . I still have not had the time to do transcripts of the calls , which if i can get them done will be quite embarassing to them .

 

Do you think it's possible that if i were to inform the court i have recordings but cannot have them transcribed before the date of filing evidence .they may let me submit before the hearing .

 

If not it might put the wind up the claimants solicitor knowing i have something besides whats on paper and they would only be able to summise what it is thats on there

[oddball1000]

Hi all ,

Had problems with my router for a couple of days so apologise for not posting a thanks

 

Just a quick update on going to Court . It's been adjourned because the Claimants Solicitor argued that they did not have enough time to respond to my response to their Supplementary Witness Statement . Which was received by me on Saturday . But managed to reply to it by Monday at Court . The Judge allowed it without it being filed with the Court . Their Solicitor was suprised .

 

Being honest , I had them tied up in knots and am suprised at how well i did in my arguments . I thought it a little unfair that the Judge allowed them more time .When they actually are to blame .

 

Big thanks to Wannabe ( again ) for putting up with me and for all the help and advice. [ still need more though ].

 

What i need to do now is make contact with their Solicitors and request information , so to tie any loose ends and file a full defence .

 

Advice on whats needed to request the info will be appreciated .

 

From what i could make out from the Judge I think he said a date will be given , 14 days after the 1st date free in the diary . Not exactly sure what he meant so I have no idea how long before the next hearing .

Thanks Again

[wannabedebtfreesoon]

Hello Oddball, so pleased it went well for you today!

What did you respond with??

 

So do they need to replead their claim or have you just got to ask for what you want and then file a defence?

 

You should get a copy of the order in the post

 

It's very nice to hear that they didn't just get a free rein to do whatever the hell they like and file all sorts of crap and get away with it! Brilliant news

[oddball1000]

Hi wannabe , used their Supplementary against them and used part of it as an excuse to put in a partial defence showing more errors and managed to incude my bank statements to back me up and show i was in credit at time of default notice.

 

I was told by the Judge to contact CVF's solicitors and request the info i needed to put in a full defence.

 

There was no mention of repleading

 

Is there a set procedure for requesting information from a solicitor

 

Thanks wannabe

[wannabedebtfreesoon]

Hi wannabe , used their Supplementary against them and used part of it as an excuse to put in a partial defence showing more errors and managed to incude my bank statements to back me up and show i was in credit at time of default notice.

 

I was told by the Judge to contact CVF's solicitors and request the info i needed to put in a full defence.

 

There was no mention of repleading

 

Is there a set procedure for requesting information from a solicitor

 

Thanks wannabe

Yes you can use either CPR 31.14 or Part 18. Part 18 is usually used when you want clarification of a particular issue as opposed to 31.14 which is more for requesting particular documents like Default Notices etc

[oddball1000]

Hi all ,

Nearly finished my Request for information and will post for your advice as whether it's OK .

 

Just to let you know , for some reason I have received an amended witness statement from their Solicitors which is very similar to the supplementary witness statement but omits a fair amount of what was in the Supplementary and they have changed the heading from supplementary witness statement , to plain witness statement .

 

All seems irrelevant as to why I have received it because the hearing has already taken place .

 

Makes me wonder the reasons for making the changes they have made and if there are consequences . Could it be the Supplementary had more mistakes and cockups in it , and shows sums which drop them in deep **** because it contradicts whats been stated in their POC . I will scan and post for your opinion .

 

I'll post it later , just gotta nip out

 

Thanks