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is response to CPR rules you sent me - my observations are 1)they havent stated under what law/legislation they make a claim, they have mentioned document they rely on but didnt serve it with application as above 2)they didnt serve application or evidence on me ever! court knows this 3)this is a telephone hearing where no oral evidence is to be given , do we do skeleton arguments or court bundle , when do we give to court - order is to only submit evidence in response 7 days before hearing 4) there are /is a document which gives complete defence to the claim, disclosable at trial , so they shouldnt have sought summary judgement a)i have an email from them , a deed of guarantee and indemnity (DOGI) was required for guarantee, pre condition to lending b)i have a docusign email sending request to sign this DOGI document (not attached it was a docusign login) , c)they dont have a copy of it and havent provided under SAR or specific request. d) anyone who does a DOGI, is not defined as a 'Guarantor' in the agreement, which is not signed in a personal capacity anyway, e)so in the application they rely on loan agreement having a self contained gurantor section, and the fact my name is next to word guarantor (but not signed personally, no statute of frauds anyways) their definition of a guarantor-"person named in offer letter who enters into this loan agreement to provide a personal guarantee and indemnity. this definition excludes any third party guarantor who enters into a seperate DOGI" -
By honeybee13 · Posted
Hi Anney. Let's give this a bit longer. With the best will in the world, altosbestos hasn't been here very long and we don't know much about them. It would be good to know what forum regulars think about what altos is advising. HB -
thanks for that very helpful, ill make some points on it in a minute just wanted to say they never served me application against CPR, i had to obtain off court a copy. They refer in wtiness st - marked as what they rely to support application a paginated bundle PR1 which apparently accompanies the statement, i can see from the references and amount of pages it should be the loan offer and loan agreement, as you would expect. so i asked court can i have copy of PR1 so i can check, they just got back and said claimant has never either in electronic database or in paper, served a bundle PR1 with the application, there said it was claimants job to serve everyone and me- so ask them i was about to and i had a thought, they havent submitted any evidence in support of their application why remind them ! in theory judge will get to hearing and go where is your evidence of this agreement? and for the record they are very sloppy and do make major mistakes in their paperwork, so this isnt unusual
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By altosbestos · Posted
You can draft the letter before action yourself and send it against the individual that's not giving you clear responses. No need to involve solicitors at this stage. I would recommend you do it today, start maintaining a paper trail. -
By lookinforinfo · Posted
Obviously the real proof will come when the contract is revealed. In the meantime you could write to the DVLA asking who applied for your data back in 2017. And show them the signage where both companies are listed and ask in view of who asked for your details, did the right one apply and what is their view on both companies showing on the sign. Is this legal and explain that you are in the middle of a Court case and they may be called.
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