One for the legal minds.....

[NewToTheFight]

Last year I was issued against

I did not get a defence in on time so they got a default judgement.

I applied & got it set aside. The judge told me to get a fully particularised defence in by a certain date.

I submitted a holding defence. My mistake, but I am after all a LiP.

When I apllied to change my defence my application was refused ( but I was given leave to appeal)

There is no CCA, they have admitted it in writing & the judge has seen it, therefore 127(3) should apply.

The Dn is defective, it was submitted with the application to ammend so the judge has seen it.

When we left the courtroom the barrister for the otherside took me into a side room.

He told me that I was not now able to defend against their action, he likened my position to that of a boxer who could not raise his hands to defend himself. (his words).

Scared of a CCJ, I tried, succesfully, to obtain a consent order which is almost paid off.

 

As they had no basis to bring the claim (faulty DN) and I was not allowed to submit a proper defence (the POC was rubbish too).

My questions:

1) Did their solicitor act correctly in bringing the case?

2) As they failed to corretly answer a S77 request could they bring the case?

3) As the DN was faulty could they bring the case? (Link Vs Harrison)

4) Has the judge, their solicitor or their barrister acted incorrectly?

5) Is there anything that can be done to recover the situation, maybe using the scope of s140?

6) Who, if anybody, should I complain to in an attempt to get this resolved?

[AndyOrch]

Last year I was issued against

I did not get a defence in on time so they got a default judgement.

I applied & got it set aside. The judge told me to get a fully particularised defence in by a certain date.

I submitted a holding defence. My mistake, but I am after all a LiP.

When I apllied to change my defence my application was refused ( but I was given leave to appeal) What reason did he refuse?

There is no CCA, they have admitted it in writing & the judge has seen it, therefore 127(3) should apply.

The Dn is defective, it was submitted with the application to amend so the judge has seen it. So what was the out come from here? How did you end up on a Consent?

When we left the courtroom the barrister for the otherside took me into a side room.

He told me that I was not now able to defend against their action, he likened my position to that of a boxer who could not raise his hands to defend himself. (his words).

Scared of a CCJ, I tried, succesfully, to obtain a consent order which is almost paid off.

 

As they had no basis to bring the claim (faulty DN) and I was not allowed to submit a proper defence (the POC was rubbish too).

My questions:

1) Did their solicitor act correctly in bringing the case?

2) As they failed to corretly answer a S77 request could they bring the case?

3) As the DN was faulty could they bring the case? (Link Vs Harrison)

4) Has the judge, their solicitor or their barrister acted incorrectly?

5) Is there anything that can be done to recover the situation, maybe using the scope of s140?

6) Who, if anybody, should I complain to in an attempt to get this resolved?

 

 

Regards

Andy

 

[NewToTheFight]

Thanks for looking in Andy

 

The judge refused leave to appeal because I had not submitted a fully particularised defence by the due date, only a holding defence.

I had been trying to gain disclosure of documents but the solicitors for the claimant were extremely unhelpful (and are well known for it on the forums!)

When he heard the application their barrister came out with some legal speak that basically pointed out that I had not complied with the previous order ( at the time I was unaware of the difference between a defence & a particularised defence).

 

Following the hearing i spoke to somebody in the legal profession, he seemed to think that a consent order would prevent a CCJ so I called the OC, agreed a figure and the deal was done.

 

I just feel I have been given the dirty end of the stick and wonder if the consent order can be undone esp in the light of Harrison confirming the casse should not have proceeded on the back of a faulty DN ( a fact I tried to point out to the judge).

 

My credit file is shot, I have completed 2 years of the 6 they can report me but I was not wanting to restart the 6 years again by getting a CCJ.

I have so far been able to negotiate with all my other creditors and have paid two a settlement figure. I am not trying to avoid my debts but would prefer to only pay those which are legally owing.

The tactics used by the claimants solicitors were akin to those of a bully.

[Ganymede]

Thanks for looking in Andy

 

The judge refused leave to appeal because I had not submitted a fully particularised defence by the due date, only a holding defence.

I had been trying to gain disclosure of documents but the solicitors for the claimant were extremely unhelpful (and are well known for it on the forums!)

When he heard the application their barrister came out with some legal speak that basically pointed out that I had not complied with the previous order ( at the time I was unaware of the difference between a defence & a particularised defence).

 

Following the hearing i spoke to somebody in the legal profession, he seemed to think that a consent order would prevent a CCJ so I called the OC, agreed a figure and the deal was done.

 

I just feel I have been given the dirty end of the stick and wonder if the consent order can be undone esp in the light of Harrison confirming the casse should not have proceeded on the back of a faulty DN ( a fact I tried to point out to the judge).

 

My credit file is shot, I have completed 2 years of the 6 they can report me but I was not wanting to restart the 6 years again by getting a CCJ.

I have so far been able to negotiate with all my other creditors and have paid two a settlement figure. I am not trying to avoid my debts but would prefer to only pay those which are legally owing.

The tactics used by the claimants solicitors were akin to those of a bully.

 

 

 

So you have signed the Consent Order? What are your monthly instalments? If you have signed it then you have to stick to it and it can only be amended with teh consent of the Claimant.

 

At the end of the day you had the benefit of the money so should now re-pay it. Providing that the repayments are managable.

[AndyOrch]

In post 1 you state you was given leave to appeal and post 3 you state you was not?

The part I'm struggling with NTTF is once you had not submitted a fully particulrised defence what did the DJ do?

Stay the claim or award judgment or dismiss your defence? I assume you requested the Consent Orders before the claimant requested judgment?

 

Andy.

 

Oh BTW Gany both parties have recourse to amend the Consent Order not just the Claimant.

[NewToTheFight]

I did sign the consent order, to prevent a CCJ.

The payments are above my income & I am borrowing from friends etc to make the payments, I had hoped to find work but my search has proved fruitless.

I have had the money, but they have not had a legal agreement with me & have added excess charges. I also believe they have not acted ethically.

 

Sorry Andy, my mistake

I thought I was given leave to appeal but did not. I was refused permission to ammend my defence.

However, I have just checked the orders of the court.

In the original setaside order the judge said I should submit a fully particularised defence by 29th June, in default the defendant be debarred from defending the case

There were various other provisions about disclosure etc

In the Application to ammend order the judge said the application should be refused, costs in the case and the defendant be refused leave to appeal

 

I was sure he allowed me leave to appeal but I must have got my facts wrong on that one..

 

The claimant did not request judgement, the judge made no comment on the original case, only on the application to ammend.

The order consent order from the court states that the case is stayed in accordance with the attached order i.e. the Tomlin Order I signed and that each party bear their own costs

[NewToTheFight]

Ok, I don't hold all the moral high ground

They have no agreement, they have admitted same.

They have tried several times to reconsitute but have failed

They have used the legal system as their own toy

They have added charges which they are not allowed to do

 

So maybe, as a Lip I hold some ground

 

Yes I have been to court, it's the first time in my life. I didn't do that well - I agree.

I thought everyone played by the rules, it appears they do not

I was against a barrister at a hearing to ammend a defence, if I had no case why did they send a barrister? When I brought that up even the judge agreed with me!

I was able to produce a W/P letter from them showing that they did not have the agreement dispite their barristers protests.

So maybe I can put a case forward, just not as good as the professionals who have lied by submitting false evidence and withheld documentation.

 

I have nearly paid off the consent order, at times I have chosen to not eat to make the payments - that's how it looks from my angle at the hearing

I arrived at this situation because I tried to earn an honest living, helping people often without charge

Oh, forgot to mention I also got divorced after 20 yrs marriage & got left with all the debts.

Please dbabylon don't try to point out about the morality of how I got into the situation I am in, I work 80-90 hours a week to try to stay on track.

[AndyOrch]

The payment terms of the consent order should have been set at a comfortable affordable amount otherwise its pointless unattainable and in reality you would have been better letting the claim run its course let them have the CCJ but the DJ would have set an affordable amount. Alternatively you do have recourse to approach the claimant and re negotiate a new payment which is deemed comfortable to you.If you fail to agree between you, then you make application to the court to address the problem, break the seal of said consent and reset payment or lift the stay and resume.

 

Just a few ideas.NTTF

 

Regards

Andy

[NewToTheFight]

Thank you for the constructive help Andy.

I will see what I can do