Jump to content

Case law question regarding Civil Rules Procedure and Pre- Action protocol.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4072 days.

If you need to add something to this thread then


Please click the "Report " link


at the bottom of one of the posts.


If you want to post a new story then


Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 



Recommended Posts

I have a hearing scheduled for the 30th November. The hearing is my application as a borrower to stay the execution of a Baliffs Posession warrant. The original post can be found here:



In my defence I have referenced the fact that the lender, Northern Rock, violated both the Civil Rules Procedure 55A Section IV 10.3, by not providing any notice to me, as well as Pre-action Protocol for Possession Claims Based on Mortgage Arrears in Respect of Residential Properties s3.4 by taking action whilst I was in discussions regarding repayment of the arrears, and again providing me with no notice of their intention to enforce.


I would like to ask the court to find, that in fact there was non-compliance in both instances, and further request that NR pay all the fees incurred as a result of filing my defence. So my question is, does anyone know of any established case law that can be cited to support my argument?


Any information, as always, is greatly appreciated.

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.


Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

Link to post
Share on other sites


  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?

  • Create New...