RBS taking me to court - *Struck Out* ** New claim issued by RBS **

[AndyOrch]

Well you wont lose your house impossible if children reside...so forget that.Concentrate on the claim.

[dpac123]

Well you wont lose your house impossible if children reside...so forget that.Concentrate on the claim.

 

so worst case they can impose charging order but they cant enforce sale?

[AndyOrch]

Correct......but can we try to be a tad more positive.....may even be struck out:roll:

[dpac123]

yes sorry, just looking at worse case scanario and working back. my application covers cpr 3 - previous case was struck out because they failed to submit a witness statement. then they discontinued against me a year later cpr 38.7) and pursued my wife only with 2 identical claims - one through irwins, one through shoosmiths. the latter was dropped once we flagged it with northampton.

[dpac123]

also their current witness statement says the bank account/overdraft was terminated in 2009 yet they reissued a DN in 2013 as if the account was still active - cant issue DN if account is closed!?

[AndyOrch]

Yes I know the history have been with you from your first post:wink:....start your preparations...bundle......skeleton....costs....

 

DJ will start with the application first...so you need to have everything to hand to support your application...keep that in a separate folder from the claim bundle.

[dpac123]

i was just telling you what i included in the application and backed it up with proof of strike out, notice of discontinuance and duplicate claims.

 

are we likely to be awarded costs if struck out?

[AndyOrch]

Only if you ask for them...did you not request them in your draft order?

[dpac123]

as per your link above - strike out, order to set aside refused, no order as to costs.

[AndyOrch]

Just ask the Judge then if it goes your way....for the application and the costs in the case.

[dpac123]

ok thanks. can you see any reason why the judge wouldnt strike out?

[dpac123]

just read texanbar's thread and wanted to ask about notice of discontinuance - claim against me was discontinued but new claim against Mrs P was issued. At the hearing in March Eversheds asked DJ if I could be added to Mrs P's claim and he allowed it. still the same claim though. Problem?

[AndyOrch]

Have they added you...? have you been served with a fresh claim and particulars in your name?

[dpac123]

Yes, added last March so current claim is in joint names.

[dpac123]

So new particulars/WS since March are in jont names

[AndyOrch]

Makes no difference in my opinion...its the same claim ....joint and several...the part against you should fail

[dpac123]

Phew! Got notice of hearing of application through this morning:

 

"The hearing of the defendants application for STRIKE OUT will take place at (time) on 16 January 2015 at (Court).

 

Presumably they can't make a judgement against my wife and not me if it's a joint claim and hopefully because it got struck out for non-compliance in 2012 it will get struck out again? (feeling a bit more optimistic today...)

[AndyOrch]

Well that throws another dimension which I'm not fully au fait or come across with Dpac.It may be ordered that you be removed and the claim against you be struck out and fresh particulars issued again against your Mrs.Was the Judge aware of the history of the claim when he allowed you to be added as a party?

[dpac123]

We told the judge in March that there was a previous claim and that it had been struck out.

[dpac123]

Just received an email/attachment from Eversheds with a statement of costs of £27k. Does that sound a bit high?

[AndyOrch]

Just a tad what is the value of claim ?

[dpac123]

£25k - are they pulling a fast one or adding a last minute frightener? What should it be?

[AndyOrch]

At a guess I would say that costs from all the claims are in there... remember this is Fast Track so costs are not fixed.

[dpac123]

so previous claims? even though eversheds were not involved at that point? can they do that?

[AndyOrch]

No I forgot it switched Solicitors:madgrin:...have they supplied a breakdown ? Does it look realistic for work done so far?