Robinson Way lifting a stay on a County Court claim made in July 2009 - Happy Christmas!!

[Bev250264]

Thanks for all your messages of support. Court at 3pm so will let you all know later.

 

Can someone just tell me what do I need three copies of?

 

I've done:

 

Witness Statement

Supporting Docs

Skeleton Argument

Bill of Costs

 

Is there anything else I need and do I bundle them up 1 for DJ 1 for RW or just keep them all in the file in case someone hasn't got their copy?

[gezwee]

Morning Bev

 

Take 3 copies of everything above, they may not all be needed but always best to have to hand on the day..... take any proof of posting with you too, Robbers have a habit of denying receipt.

 

Oh and a copy of their w/s too, just in case they've forgotten to file it with the application

 

Don't forget your original draft directions [re: dislosure], you want the dj to refer back to the existing request within any order arising from todays hearing

 

Best of luck

 

Gez

[Pipster2797]

Good luck for today Bev, fingers crossed!!

[Bev250264]

Morning Bev

 

Take 3 copies of everything above, they may not all be needed but always best to have to hand on the day..... take any proof of posting with you too, Robbers have a habit of denying receipt.

 

Oh and a copy of their w/s too, just in case they've forgotten to file it with the application

 

Don't forget your original draft directions [re: dislosure], you want the dj to refer back to the existing request within any order arising from todays hearing

 

Best of luck

 

Gez

 

Hi Gez

 

Didn't expect to see you today Yep got all that. OH called the Court they said it was up to DJ if I could go in as Mckenzie Friend but highly unlikely he will refuse. Got my lever arch file with all my docs and OH has all his notes bullet-pointed so he can refer quickly.

 

That's it I suppose. In the lap of the Gods now. Lets hope DJ is in a good mood

 

Speak to you later

 

Bev

[Bev250264]

Good luck for today Bev, fingers crossed!!

 

Thanks Pipster

[AndyOrch]

Keep cool Bev don't be intimidated. Best of luck!

 

Andy

[Bev250264]

Keep cool Bev don't be intimidated. Best of luck!

 

Andy

 

Thanks Andy and again thanks for all your help.

[gezwee]

Hi Bev

 

Lol, I was booked to do the same as you today but it got vacated...... having the day off instead, putting a dent in the sofa and flicking channels on the telly. I suppose I should warm the hoover up and empty the dishwasher before Mrs Gezwee gets home from work

 

Yep, all down to the dj applying the rules today... if it goes belly up [and it is a big if], ask the dj to record his reasons for allowing s/j

 

Gez

[AndyOrch]

If it is dismissed request the Claimant to re plead their P.o.C also as the amalgamation can only be defended with a more substantial P.o.C and separate documentation.

 

Regards

 

Andy

[Bev250264]

If it is dismissed request the Claimant to re plead their P.o.C also as the amalgamation can only be defended with a more substantial P.o.C and separate documentation.

 

Regards

 

Andy

 

Sorry Andy, how d'you mean? If it's dismissed won't that be the end of the matter?

[Bev250264]

I suppose I should warm the hoover up and empty the dishwasher before Mrs Gezwee gets home from work

 

Quite right too!! :-)

[AndyOrch]

Sorry Andy, how d'you mean? If it's dismissed won't that be the end of the matter?

 

No, their application for SJ dismissed, if dismissed trial proceeds, if successful (for them) then game over today.

 

Andy

Edited March 22, 2012 by Andyorch

[Bev250264]

Oh I see, OH thought the DJ could find in his favour today. Didn't think so. I think it was wishful thinking on his part.

 

Just leaving so see you later

[Bev250264]

I'm back.

 

Phew that was scary! First off, the case has been adjourned until the first available date after 13th April.....

 

When we got there, their sol asked to speak to us and basically tried to shoot our defence down in flames. He said that our argument aqbout the amalgamation was rubbish and started spouting Carey which went over both our heads

 

Then he said he hadn't seen a copy of our defence so we gave it to him. He rang the lady who wrote their witness statement and was gone for ages. He came out and said they hadn't received our copy of the defence (surprise surprise!).

 

When we got in there, the first thing the DJ said was that he had a question for their sol. He said that the original claim was in the name of RW & Co Ltd and the new bit was in the name of RW and so the claim was invalid. Their sol couldn't answer (and we weren't going to ).

 

The Judge gave permission to adjourn so that they could see a copy of our defence. Their sol tried to ask for extra costs because of the adjournment but he disagreed cos he said " how do you know you're going to win?"

 

Anyway, we've got to file an amended defence by 4pm next Friday and they've been ordered to reply to it by 13th April with all the information we've asked for and have never received.

 

It's a small victory but a victory nonetheless as they obviously thought they'd go in and we'd be bang to rights. The judge asked if we had sought legal representation and we said no but their sol said we must have to draft our defence (so thanks Guys :-)). So now I'm going to concentrate on my sister's wedding for the next 3 days and throw myself back into it on Sunday.

[AndyOrch]

Excellent Bev.

 

Now you have had your first taste, nothing to it is there? Sounds like the DJ is going to give them a rough ride, they had better be prepared for round 2.

 

Well done.

 

Regards

 

Andy

[Bev250264]

I certainly don't think it's going to be quite as cut and dried as they first thought. Still worried about the amalgamation thing though. Their sol practically laughed at us when we argued it. He said that it wasn't a strong defence and would never stand up in front of the DJ. Was he just trying to make us doubt ourselves. He also smirked when we said we had never had a copy of a DN or a NoA. he said it wasn't necessary . we argued that if that was so then surely we could ring anyone up and say they owed us money because we had bought a debt and he said that that wasn't relevant.

 

I know we now know what to expect but I'm still worried about it

[gezwee]

Hi Bev

 

Excellent job today, as for the Carey nonsense he was spouting..... link below

 

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/QB/2009/3417.html

 

Keep a record of your costs

 

Gez

[AndyOrch]

There is nothing wrong with the amalgamation providing its assigned that way or the OC involved you in the amalgamation initially and with your agreement.To the OC its one figure one debt wrote off and assigned.The problem is for the assignee to account and verify how the debt is made up.

 

Andy

[citizenB]

Phew, well now at least you can have some rest time and be with the family. Well done for today.

 

Umm, how can they say they didnt receive the defence. The court would have sent them a copy and did they not mention it in their SJ ?

[havinastella]

Well done Bev, sounds like you had a decent DJ!

[Bev250264]

Phew, well now at least you can have some rest time and be with the family. Well done for today.

 

Umm, how can they say they didnt receive the defence. The court would have sent them a copy and did they not mention it in their SJ ?

 

Sorry, not defence I meant witness statement. Getting myself confused.

[Bev250264]

There is nothing wrong with the amalgamation providing its assigned that way or the OC involved you in the amalgamation initially and with your agreement.To the OC its one figure one debt wrote off and assigned.The problem is for the assignee to account and verify how the debt is made up.

 

Andy

 

I think that was the thing because when he came back after speaking to them he said that they'd told him that it was perfectly normal for HSBC to amalgamate and then close the account and sell the debt on. But like you say, fine so long as they tell us first. He wasn't wearing that argument at all and couldn't see why we were so hung up on not having the DN and NoA. We'll just have to hammer the point home in our amended defence.

[Bev250264]

Hi Bev

 

Excellent job today, as for the Carey nonsense he was spouting..... link below

 

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/QB/2009/3417.html

 

Keep a record of your costs

 

Hi Gez

 

Best I read up on this as well.

 

Gez

[citizenB]

Sorry, not defence I meant witness statement. Getting myself confused.

 

 

Very easy to do

 

Well at least they now have a copy of your WS

[gezwee]

 

He rang the lady who wrote their witness statement and was gone for ages.

 

Hmmm...... my money would be on - first 2 minutes on hold, followed by 20 minutes of tearing her a new a***

 

Bet she'll be popular when she rocks up at the office tomorrow