Recieved SD from Hamptons, Lowell portfolio l LTD

[will lliw]

If they havent complied with an s78 request, it does matter ?

 

what the hell did he mean by "being loosened up" ?

 

Something seriously wrong with this..

 

A sit down and a cup of tea coupled with just reading your question has sparked my memory and I recall what he said in full that the reqiurment to have an original copy of the cca was being slackend or loosend, maybe he was refering to the digital signature thing because one of these debts was of on line catalogue origin but i really don't know thats just a thought that just occurred.

 

And he didn't address that to the court but to the solicitor who nodded to confirm quiet happily i recall.

 

 

I look forward to receiving he letter from the court anyway.

[will lliw]

Just had a proper read of the paper the solicitor gave me prior to the hearing and it seems Hamptons wanted to adjourne to give me 2 weeks to provide them with a statement fully itemising the factual grounds of the dispute of the value of the debts. They then wanted a further two weeks to respond.

 

Ummmm, maybe i should have taken that given the steam rolling i got.....

[citizenB]

Just had a proper read of the paper the solicitor gave me prior to the hearing and it seems Hamptons wanted to adjourne to give me 2 weeks to provide them with a statement fully itemising the factual grounds of the dispute of the value of the debts. They then wanted a further two weeks to respond.

 

Ummmm, maybe i should have taken that given the steam rolling i got.....

 

Ouch - hindsight would be useful if only we had time travel as well !!

[will lliw]

Yeah!!! Imagine that the CAG time portal, i think that would be a well used tool!

 

So anyway now im thinking post SD and what to do, to be honest the stress in all this has go to me and I want it over as soon as possible! Im very definatley looking forward to the letter and seeing what reason the judge gives for dismissing, thinking if its just because I was out of time then I will have a last bite of the cherry at petition stage assuming no NOA turns up meanwhile although given the consequences of being made bankrupt its not to be engaged in lightly. ummmmmmmm

 

Anyway, this thread a warning to you all to get your Applications to set aside in time!!!!!

[renegadeimp]

It sounds as if the judge and solicitor were in cahoots. Either that, or you got a judge that wasnt very knowledgeable and was being whitewashed by the solicitor.

[will lliw]

Exactly what i thought, the solicitor had been in there all morning apparently with other Hamptons cases and I really think she got her head togethor with the judge to do me over. Ok i acknowledge my out of time application but why on earth was i granted a hearing to be told i couldnt have it set aside because I was out of time. A total waste of everybodys time that was and I didnt get much oppurtunity to put my case, it was all him and her really..... I was well out of my depth...

 

It has crossed my mind that she solicitor was made aware of this thread and maybe took it to the judge who didnt like it ether?

[Guest]

will

bad result there! are you able to come to some reduced payment arrangement with them? did the J order a petition?

re time limit. as mentioned in the docs posted, and 42mans post #63, where the time limit has passed an app'n for an extension of time should be made, confirmed in cpr insolvency rules practice direction para 13.4.5, by way of form 6.5 re wit statement. presume you did that? if so, then J should have considered your reasons for the out of time application, and then decided? a reason for an hearing is to hear any such application and/or other poss matters, unless it is dismissed straight away.

Edited August 9, 2012 by Ford

[will lliw]

Hi Ford, the judge didnt order a petition i did infact query this at the end as thats what I expected to happen but the judge just said "I can do what I want" and that was that. The judge advised me to start talking to hamptons to get this sorted as bankruptcy is a long process. The fact there was no CCA or NOA didnt seem to bother him but ive posted about that earlier, he just accepted what there solicitor said despite my objection.

 

In my witness statement I requested permission to apply out of time due to the questionable nature of service and the delay was partly caused by that service and the claimant stating the wrong court to apply to. This was then put infront of a district judge to be progressed or rejected and I was pleased to get a hearing which is why I was thrown when it was dismissed for being out of time. Im assuming I will get the reason for dismisal in writing so I look forward to that before I decide my next move.

Infact im wondering if it wouldn't be to risky to attempt to challenge the lack of paperwork at petition stage, would that be wise given the consequences of failure??

[renegadeimp]

Cant you appeal against it? Especially if you can prove the judge wasnt following the rules or protocol.

[will lliw]

I would love to appeal! I wonder if judge Boggis is free?

[will lliw]

The plot thickens!!!

 

Today on the 9/8/12 just received a notice of acting from a firm called BW legal informing me they are taking over from Hamptons as of 6/8/12 which was the day before the hearing! And silly me Ive just twigged it was this firm who attended the hearing as there details are on the consent order offered up before the hearing.

 

Does it mater that I didn't receive this before the hearing as Lowells have not complied with CPR 42.2 section 5???????????

 

 

Change of solicitor – duty to give notice

 

42.2

 

(1) This rule applies where –

(a) a party for whom a solicitor is acting wants to change his solicitor;

 

(b) a party, after having conducted the claim in person, appoints a solicitor to act on his behalf (except where the solicitor is appointed only to act as an advocate for a hearing); or

 

© a party, after having conducted the claim by a solicitor, intends to act in person.

 

 

(2) Where this rule applies, the party or his solicitor (where one is acting) must –

(a) file notice of the change; and

 

(b) serve notice of the change on every other party and, where paragraph (1)(a) or © applies, on the former solicitor.

 

 

(3) The notice must state the party’s new address for service.

 

(4) The notice filed at court must state that notice has been served as required by paragraph (2)(b).

 

(5) Subject to paragraph (6), where a party has changed his solicitor or intends to act in person, the former solicitor will be considered to be the party’s solicitor unless and until –

(a) notice is filed and served in accordance with paragraph (2); or

 

(b) the court makes an order under rule 42.3 and the order is served as required by paragraph (3) of that rule.

 

 

(6) Where the certificate of a LSC funded client or an assisted person is revoked or discharged –

(a) the solicitor who acted for that person will cease to be the solicitor acting in the case as soon as his retainer is determined –

(i) under regulation 4 of the Community Legal Service (Costs) Regulations 20001; or

 

(ii) under regulation 83 of the Civil Legal Aid (General) Regulations 19892; and

 

 

(b) if that person wishes to continue –

(i) where he appoints a solicitor to act on his behalf, paragraph (2) will apply as if he had previously conducted the claim in person; and

 

(ii) where he wants to act in person, he must give an address for service.

 

 

(Rules 6.23 and 6.24 contain provisions about a party’s address for service.)

(‘LSC funded client’ and ‘assisted person’ are defined in rule 43.2)

 

(7) ‘Certificate’ in paragraph (6) means –

(a) in the case of a LSC funded client, a certificate issued under the Funding Code (approved under section 9 of the Access to Justice Act 19993), or

 

(b) in the case of an assisted person, a certificate within the meaning of the Civil Legal Aid (General) Regulations 1989.

Edited August 9, 2012 by will lliw

[42man]

It may possibly be important if you want to appeal or they decide to take it to petition stage but I don't know how much of an issue it would be a judge may say it is 'de minimus' (minor issue)....but you should have a chat with a solicitor about this.

[will lliw]

It may possibly be important if you want to appeal or they decide to take it to petition stage but I don't know how much of an issue it would be a judge may say it is 'de minimus' (minor issue)....but you should have a chat with a solicitor about this.

 

Ok thanks 42man but if I could afford a solicitor I would get one in a flash! I know there are some out there that give free consultations so maybe an option.......

 

Also just noticed the postage date on the envelope is for the 7th which was the day of the trial so theres no way they can claim i was served in time.

[42man]

I think there are some solicitors who do no win no fee, but you may have to google that...

[will lliw]

I think there are some solicitors who do no win no fee, but you may have to google that...

 

Im giving thought to writing to Lowells pointing out there failures and requesting they withdraw the demand as like a lot of folk these days I have no equity in my house and 2 charges are already there for way more than a poultry 2k that they want. Any bankruptcy would be fruitless for them and infact would cost them in the long run. To be honest in the grand scheme of things they may well be doing me a favour by making me bankrupt, the only issue is just a matter of finding a place to rent with a diabolical credit rating and the stigma of it ofcourse!

Edited August 9, 2012 by will lliw

[citizenB]

Actually that might be worth a try.. they would almost certainly be at the very end of any payout.. if you have a mortgage, secured loans and no equity.. it would have been an real waste of time for them

[will lliw]

 

Im currently drafting the letter and will post it here for advice if thats ok as i don't want to make a silly mistake as i often do, unless I take 42mans advice and go see a solicitor but i think i will try this approach first (I can feel 42man turning in his grave already!!!)

My only concern is what may be written on the judgment letter as its possible the judge could have orderd this ala CPR section 42.3 but still not recieved anything from court and the notice is dated the day before the hearing so not sure if thats likely!

[Old Cogger]

surely one can complain to the Ministry of Justice regarding D.Js and their antics, if not the Home Secretary who is responsible for the Judicial System ( or the Civil Servant as per Yes Minister) ???

[citizenB]

Will, it might be worth speaking to a solicitor first .. Quite a few have either a free half hour or reduced fee time. You would need to be well prepared with all you want to ask written down in order to benefit from this.

[will lliw]

yes thanks, i think this is good advice and having just drafted my letter with the main points on i think it cant hurt to take it to a solicitor for a free consultation. At the very least I will know if it has merit or not.

 

EDIT:

 

Am i right in thinking that to complain about a solicitor you go to the legal ombudsman?

[will lliw]

surely one can complain to the Ministry of Justice regarding D.Js and their antics, if not the Home Secretary who is responsible for the Judicial System ( or the Civil Servant as per Yes Minister) ???

 

I don't know but tbh ive got enough on my plate without stirring that hornets nest!!

[will lliw]

Some interesting reading regarding upcoming changes to case management.... Litigants better watch out as After 1 April 2013 CPR rule compliance will be toughend up somewhat.

 

http://www.lawgazette.co.uk/in-practice/case-management-a-more-robust-approach

[will lliw]

Finally received the letter from court some 8 days after the hearing and it just says the application to set aside was dismissed with no reason given and no further orders just a hundred odd quid costs for the solicitor who shouldnt even have been there, is this normal practice to be so vague in a court letter?

[babydoll0141917]

Any update on this please ???

[foggy123]

Hello,

I complained to The Judical Service after my first hearing, nothing was done re my complaint, but I recieved much better treatment in my next three hearings so I feel the Court was aware of my complaint, the Judge even said he hoped I felt better after my hearing with him. I didnt sit in front of the Judge I complained about again either

I told them I felt bullied but when they asked me to define what I meant I couldnt put it into words I feel they acted on the complaint though so always worth a try.