HP : Fortis Lease uk Can I request for their claim to be struck out as abuse of Court Process?

[Ganymede]

They haven't filed a new set of proceedings ...same claim number same claim.We cant really offer advice until you post up all the relevant paperwork so we can decipher what's going on.

 

Andy

 

 

It's a bit messy this one isn't it.

 

The OP needs to clarify but I think he is saying that the application for SJ is exactly the same wording as their statement opposing the set aside, and as they failed to oppose it then there is an abuse of process in using the same arguments again.

 

Hopefully the OP will shed some light.

[hobba]

It's a bit messy this one isn't it.

 

The OP needs to clarify but I think he is saying that the application for SJ is exactly the same wording as their statement opposing the set aside, and as they failed to oppose it then there is an abuse of process in using the same arguments again.

 

Hopefully the OP will shed some light.

 

Yes that is exactly what I meant ..if there argument that the defence is without merit had a light into it the Court wouldn't have set aside the Judgement and allowed for mediation.

 

It is messy and confusing and I would upload info soon .

[hobba]

Yes that is exactly what I meant ..if there argument that the defence is without merit had a light into it the Court wouldn't have set aside the Judgement and allowed for mediation.

 

It is messy and confusing and I would upload info soon .

 

Can someone advise how can I upload documents into the threat or PM it?

[citizenB]

Follow instructions below to post up your docs.

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[hobba]

Can someone advise how can I upload documents into the threat or PM it?

 

I have attached

 

Court Order of 2009

 

First application June 2012

 

set aside order

 

second application...

 

The defense I submitted for first application in summary was:

 

dispute full claim....not pursued following sale of goods straight away....outstanding balance written off ( attached copy of statement sent by claimant showing balance written off on 28.11.2009)....credit file shoes account settled ( satisfied) not clear why they decided to pursue after write off clearly.....no action for three years...no cost to be awarded as p4 of protocol direction not followed....they did not act reasonably to avoid court action....

 

 

i would need help with drafting WS to include amended defence as per my first and other posts above

[AndyOrch]

Uploads too small you need to convert them to pdf and repeat the above.

 

Regards

 

Andy

[hobba]

Uploads too small you need to convert them to pdf and repeat the above.

 

Regards

 

Andy

I am struggling to convert to PDF ... Would it help to type and send what orders where in the applications

and content of set aside order.. I have already summarised

defence

[AndyOrch]

Your scanner can save them as pdf if you select it...... also increase your scan DPI level.

[hobba]

Your scanner can save them as pdf if you select it...... also increase your scan DPI level.

 

Don't have option to select but will have another go

 

I am just getting worried as the 15 is approaching and this need to be send at least 7 days before then

[AndyOrch]

In your scanner software options it will have how to save and what file types to save as.We can only advise when we see the documents...as you state the clock is ticking but until you upload said documents we are at standstill.

 

Regards

 

Andy

[hobba]

I have attached

 

Court Order of 2009

 

First application June 2012

 

set aside order

 

second application...

 

The defense I submitted for first application in summary was:

 

dispute full claim....not pursued following sale of goods straight away....outstanding balance written off ( attached copy of statement sent by claimant showing balance written off on 28.11.2009)....credit file shoes account settled ( satisfied) not clear why they decided to pursue after write off clearly.....no action for three years...no cost to be awarded as p4 of protocol direction not followed....they did not act reasonably to avoid court action....

 

 

i would need help with drafting WS to include amended defence as per my first and other posts above

 

Andy ..

Managed now to attach as PDF files as above...I will await urgent help please

[AndyOrch]

Your next on my list hobba....just bear with me.

 

Andy

[AndyOrch]

Hobba I have unapproved the uploads your personal data can still be seen.You need to erase better.

 

PS I have the general gist now so relax a little.

 

Andy

[hobba]

Ok Andy .. I shall erase better in the future .

Please let me know if they will not be visible

Now . I will wait your response

[AndyOrch]

What date do you have to submit a WS by hobba?

[hobba]

What date do you have to submit a WS by hobba?

 

The Hearing is on 15 Jan and 7 days before that at least .

 

I will say by the 6 or 7 th of Jan , Andy.

[AndyOrch]

Not a problem I will clean your uploads and re approve for further input and you will have a WS for the required date.

 

Andy

[hobba]

Not a problem I will clean your uploads and re approve for further input and you will have a WS for the required date.

 

Andy

Thanks Andy..please consider all the points in my posts

For WS.

[AndyOrch]

Uploads cleansed and approved

[Ganymede]

Uploads cleansed and approved

 

 

 

Do we not have the sescond page of both applications??

[hobba]

Do we not have the sescond page of both applications??

 

There is not much on the second pages as there is WS for both as supporting evidence.

Do you need those ? They are some pages on them ?

[AndyOrch]

If you could Hobba...as they are what the applications relies upon.Also a copy of their initial P.o.C (N1 Summons) would be helpful. (Please remove al personal identifiable data properly).

 

Andy

[hobba]

Andy..

 

Is there a way where I can send those like in a PM as I am struggling to ensure personal details are covered...Also they are several pages esp on the last statement.

 

I am also concerned as the clock is ticking fast.

 

Thanks

[Ganymede]

Andy..

 

Is there a way where I can send those like in a PM as I am struggling to ensure personal details are covered...Also they are several pages esp on the last statement.

 

I am also concerned as the clock is ticking fast.

 

Thanks

 

 

 

You can't get any help unless people know what is inthe application.

 

Can you not type it up instead of scanning it?

[hobba]

Hi Andy

 

Attached is Form N1 and WS with Form N1 two pages, WS of first app 2 pages.

I have deleted details as much as possible...please clean and approve as necessary..

 

I will look forward to your advise and final WS with amended defense and challenge to unfair agreement and relationship.

 

Please note I have not been given notice or copy of 1st application from claimant or their solicitors..They have attached no evidence to contrary...Also Ombudsman could not deal with Unfair agreement as it was taken prior to April 2007. Ombudsman said they do not expect claimant to do any thing more as they offered to refund two charges. In any event I have not accepted that decision so it is not legally binding...There was no obligation on them not to pursue alleged shortfall and wait for my complaints...

 

I will attach WS for 2nd application in a different two replies.

 

I look forward to hearing from you.