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

[Ganymede]

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.

 

 

 

 

 

I can still see all of your details through the black pen. Try tipex.

Edited January 5, 2013 by Ganymede

[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.

 

Attached

[hobba]

Attached

 

Finally the last two pages of WS for app 2

[hobba]

Andy can you look at all posts and attachment please ....

[hobba]

Can you clean attachments as needed and reapprove please Andy

[hobba]

I can still see all of your details through the black pen. Try tipex.

 

Also, these are all the old documents. Have you got the more recent ones relating to the upcoming hearing?

 

Can you help with cleaning them and reapprove please ...

I have used a permanent marker !

[hobba]

If you look through you will find that these are all old and most latest docs

[Ganymede]

If you look through you will find that these are all old and most latest docs

 

 

 

Sorry yes I see now.

 

Have you scanned their witness statement objecting to your set aside application? Can't find it...

[hobba]

No I have not .. I will do this now if you need it

[Ganymede]

No I have not .. I will do this now if you need it

 

 

 

Well your argument is that both the witness statement opposing the set aside and the witness statement requesting SJ are the same so yes.

[hobba]

At the set aside hearing it was argued that as it is on discretionary basis and as they believe I have no defence and my defence is fanciful the order should not be set aside.

That failed .. There is not much in their statement other than denial of the facts that they never followed protocols or send balances of alleged debt and the fact that they should have informed court that there is an application to adjourn hearing..

 

I hope this will be enough for you

[hobba]

My argument is that at the hearing to set aside and in their reply to my defence and on this latest application the facts are the same .please read previous post.

 

Please note I need to file my WS and reply by 7 of Jan

[hobba]

Well your argument is that both the witness statement opposing the set aside and the witness statement requesting SJ are the same so yes.

 

Andy ..

 

I have written on previous two posts a reply to this.

Can you please advise on when would I get help and WS.

 

Please read all posts and my first post

 

I also need to complete AQ which the Court did not send but worth mentioning this in WS.

 

Also I have already stated before that am not available on Tuesdays , Wed and Fridays on my application to set aside .

Could this be put in my WS as the hearing is listed on a Tuesday !reason child care arrangements!

[hobba]

Andy..

 

Note the default notice they are referring to was dated March/April 2008 and payments were been made monthly thereafter...Also I have not recieved neither...The default notice was asking for some 771 pounds and I believe was not according to the relevant rules...

[AndyOrch]

Hi Hobba

 

Will run through your uploads first thing and then see what can be drafted re Witness Statement.

 

Regards

 

Andy

[hobba]

Ok..need to send tomorrow ..

[AndyOrch]

Ok the claim was set a side of September 2012 to allow both parties to mediate and come to agreement on any alleged balance remaining from sale of a vehicle due to a default on a HP agreement.Failure to settle (28 days) would be followed by the issue of AQs to allow the claim to pursued.

The claimant made an application for SJ in October 2012 based on supporting evidence by way of a WS. The same WS used to oppose the set a side.

 

I assume that you now must submit a further defence following the set of side...the claimants previous applications are now void as the set a side judgment was made and granted in Sept 2012.I would simply resubmit the original defence and particularise it as to why you feel you don't owe the remaining balance and and why you don't agree with the interest applied to the debt outstanding.

 

IMHO you are only prolonging this claim at a cost of further interest and costs I must agree that I can not see a defence with merit and surprised that it was set a side.I personally would now contact the claimant and agree a payment plan for the balance on the agreement....... that they withdraw the claim and both parties to stand their own costs.This can be done by way of a Consent Order (Tomlin Order) which would avoid further costs and and also a CCJ.

 

Regards

 

Andy

[hobba]

Ok the claim was set a side of September 2012 to allow both parties to mediate and come to agreement on any alleged balance remaining from sale of a vehicle due to a default on a HP agreement.Failure to settle (28 days) would be followed by the issue of AQs to allow the claim to pursued.

The claimant made an application for SJ in October 2012 based on supporting evidence by way of a WS. The same WS used to oppose the set a side.

 

I assume that you now must submit a further defence following the set of side...the claimants previous applications are now void as the set a side judgment was made and granted in Sept 2012.I would simply resubmit the original defence and particularise it as to why you feel you don't owe the remaining balance and and why you don't agree with the interest applied to the debt outstanding.

 

IMHO you are only prolonging this claim at a cost of further interest and costs I must agree that I can not see a defence with merit and surprised that it was set a side.I personally would now contact the claimant and agree a payment plan for the balance on the agreement....... that they withdraw the claim and both parties to stand their own costs.This can be done by way of a Consent Order (Tomlin Order) which would avoid further costs and and also a CCJ.

 

Regards

 

Andy

Hi Andy

 

Thanks ... Can you please draft a sample WS.

There is few issues

 

1. Unfair agreement

2. No protocol followed

3.balance in dispute ..

4. How to articulate this

[hobba]

Also why would SJ be a use of process ..

 

I understand no need to prolong and don't want to however however that can be done after the hearing .

They are refusing mediation .

[AndyOrch]

I assume you mean defence? A WS has not been requested ( from the posts you have uploaded).The claim was set a side so it starts from the beginning therefore a defence is required (fully particularised).

 

Andy

[AndyOrch]

Also why would SJ be a use of process .. The Claim is set a side their application for SJ is pointless and void

 

I understand no need to prolong and don't want to however however that can be done after the hearing .

They are refusing mediation .

Bring that to the Courts attention within your defence

 

Andy

[hobba]

It is a SJ application and a new one.. I think a WS with defence ..also how to go about the second bit of your advise of settlement ?

[hobba]

Andy please is it possible for you to draft WS incorporating defence and above ..

[AndyOrch]

I'm afraid not Hoba I simply don't have the time.This is a self help forum I have given you the benefit of advice and what I would do.I would be ringing the claimant up now and asking for the dealing Solicitor and verbally agree a settlement/consent.They can then vacate the hearing...you will not need to submit a defence and save you the hassle and stress of further litigation.

 

Only you are aware of all the finer details and argument as to why you disagree with this action...playing devils advocate I can not see you winning this...if i could see a quick fix or a error in law then I would advise further...but unfortunately I cant.

 

If you can and wish to proceed then simply draft a defence in your own words as to why you feel you don't owe any balance and their claim is without cause.

 

Regards

 

Andy

[hobba]

I'm afraid not Hoba I simply don't have the time.This is a self help forum I have given you the benefit of advice and what I would do.I would be ringing the claimant up now and asking for the dealing Solicitor and verbally agree a settlement/consent.They can then vacate the hearing...you will not need to submit a defence and save you the hassle and stress of further litigation.

 

 

Only you are aware of all the finer details and argument as to why you disagree with this action...playing devils advocate I can not see you winning this...if i could see a quick fix or a error in law then I would advise further...but unfortunately I cant.

 

If you can and wish to proceed then simply draft a defence in your own words as to why you feel you don't owe any balance and their claim is without cause.

 

Regards

 

Andy

 

I have their solicitors details ..ok can you direct me to how may be send them an email with offer of settlement ..

How to word it please