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


MrZ
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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:

http://www.consumeractiongroup.co.uk/forum/showthread.php?284814-Baliffs-Warrant-imminent....-Advice-needed

 

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.

 

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