Court proceedings for previous company car contract as guarantor

[andydd]

Perhaps this could serve as a warning to others, dont assume you can just fill in a few docs and win a case.

 

Judges can be very strict about following CPR and failure to do so can be fatal.

 

I'd suggest before starting legal action you do a quick google, in this case CPR & Summary Judgment would bring up the CPR and the accompanying PD (Practise Direction).

 

Before I started my SJ I got a huge CPR Book on ebay that I found very useful and helped me win my case (although like here the other sides failure to observe the 7 day deadline was his downfall).

 

Andy

[Guest]

...........I am not in any position to pay this in one lump (it is over £10k now with costs) so who do i send an offer to pay in instalments? i would rather it wasn't the claimant, as I would want it all on record with the court as it wouldn't surprise me if they try something underhand. any advice on this process would be appreciated.

 

thanks

 

rh

one poss option, can apply to the court re income and expend for an instalment order at x / month. if realistic and cred agrees then will be ordered, if they don't agree then court will determine on it.

Edited August 27, 2012 by Ford

[rh999]

Hi Ford,

thanks, I will try that.

 

Andydd,

As I am sure you can appreciate every case is individual in merit, including mine. it was not just a case of me "pulling a few documents together" to try and get round the judge. circumstances stopped me from responding in the time frames required of this case. I only knew about the hearing just over two weeks (one of which I was out of the country) before it happened because the claimant didn't bother to send me copies of their request for SJ. I am sure if it was the other way around and I placed request with court and not provide copies to the claimant, I would be hounded by the claimant and court for not doing so. This is why the balance of justice is always against the smaller person.

[Guest]

Hi Ford,

thanks, I will try that.

 

.

 

note form and fee may be required. perhaps double check with the court?

have you received the actual written judgment order yet?

Edited August 28, 2012 by Ford

[rh999]

Ford,

 

is there a specific income form i need to send, or can i just produce one myself?

Is there a court form i need to fill in? I noticed they had a form called N245? Should I fill this in, or just send a letter in?

[rh999]

Sorry ford, should have clicked refresh before replying there. only received a gerneral order stating that the application is accepted and a judgement be made against me in the sum of xxxx to be paid within 28 days.

[Guest]

ok, yes that's it.

double check with court re what they require ie form/fee or just letter and budget sheet re changing that 'to be paid within 28 days' to an instalment order

Edited August 28, 2012 by Ford

[AndyOrch]

Application to vary must be made using the N245 the fee is £45 and you should include a I&E and your proposed monthly offer and preferably first payment.

 

Regards

 

Andy

[andydd]

Hi Ford,

thanks, I will try that.

 

Andydd,

As I am sure you can appreciate every case is individual in merit, including mine. it was not just a case of me "pulling a few documents together" to try and get round the judge. circumstances stopped me from responding in the time frames required of this case. I only knew about the hearing just over two weeks (one of which I was out of the country) before it happened because the claimant didn't bother to send me copies of their request for SJ. I am sure if it was the other way around and I placed request with court and not provide copies to the claimant, I would be hounded by the claimant and court for not doing so. This is why the balance of justice is always against the smaller person.

 

Sorry, i didnt mean you in particular, my post was meant as advice to others in same situation.

 

You are right about the balance of justice though, I was reading an interesting report on LiP's where various Judges concluded they should be given more support, now sometinmes they are..by Judges and even the other sides solicitor but there are many theads on CAG where LiP's have been left floundering and lose cases, not due to their defence being weak but due to being overwhelmed by the other sides solicitor/barrister and Judges who dont take into account that they are not familiar with the court system, this I feel happened to me in my first experience (at a Leasehold valuation Tribunal), but Ive fared better at county court.

 

Andy