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

[Ganymede]

Only you can decide if you want to accept the offer and if you can realistically afford to maintain payments as if you miss them you are likely to get an automatic CCJ.

 

Make sure the wording of the CO favours you, especially in terms of giving yourself time to pay any arrears etc before judgment can be entered.

[hobba]

I would need help with the wordings and conditions to be in my favour .. Can you help ?

[AndyOrch]

Why 8K .... that include their costs? They only requested £6,371.44 in their application for SJ.

[hobba]

I thought the same . Shall I go back to him and ask him to revisit and seek further instructions .

 

What would I say .. Also there is discrepancies in the calculations ..

 

Advise please

[AndyOrch]

Hobba its up to you to nail the final agreed figure....negotiate...ask why the variance?

[hobba]

Andy...

 

They are asking for offer and financial statement in writing

While saying unlikely they would accept the monthly payment proposed.

 

So far everything by phone.

 

How to go about this and would this be used as evidence of admittance in Court .

 

Please advise how to word anything in writing ?

[AndyOrch]

Well if they are not going to accept..... no point in writing and making any offer and under no circumstances send them an I&E.Anything you put in writing that you do not wish them to use or refer to must be marked Without Prejudice.

 

Hoba you have offered 5k now they are playing games....if you do make any further calls or write just inform them that your offers of settlement will be brought to the courts attention and raised when the question of costs raises it head.

 

File your defence.

 

Regards

 

Andy

[hobba]

Ok ..

Defence filed and served .

[hobba]

Ok ..

Defence filed and served .

 

Andy

 

Offer rejected and I did inform that I will bring the issue of non cooperation when the cost issue arises.

 

Any tips and hints for the hearing on Tuesday ?

 

Thanks

[citizenB]

Arrive early - smartly dressed - (no you dont have to go out and buy a new suit.. just dont turn up in your gardening togs) - take an extra copy of everything as well as your original paperwork. You would not believe how much paperwork gets lost !!

 

I personally had to provide the opposiiton with ALL the paperwork their client was wanting to rely on !!

 

Be as confident as you can - if you have a lot of paperwork, practice looking and finding things quickly make sure your paperwork is properly organised and tabbed. If neccessary, make yourself a list of all the things you want covering - any arguments you think they might use, have counter arguments for.

 

Take a list of your costs schedule with you so you can hand it to the Judge there and then ??

 

I am sure others will have some suggestions as well

[hobba]

Arrive early - smartly dressed - (no you dont have to go out and buy a new suit.. just dont turn up in your gardening togs) - take an extra copy of everything as well as your original paperwork. You would not believe how much paperwork gets lost !!

 

I personally had to provide the opposiiton with ALL the paperwork their client was wanting to rely on !!

 

Be as confident as you can - if you have a lot of paperwork, practice looking and finding things quickly make sure your paperwork is properly organised and tabbed. If neccessary, make yourself a list of all the things you want covering - any arguments you think they might use, have counter arguments for.

 

Take a list of your costs schedule with you so you can hand it to the Judge there and then ??

 

I am sure others will have some suggestions as well

 

All

 

Any suggestion as to cost schedule for LIP?

 

Any suggestions how to ask court to look into declaring agreement unfair at hearing ?

[hobba]

Andy

 

I would need a skelton argument for the hearing?

 

Can I get help with drafting this ?

[hobba]

Andy

 

Andy ...

 

I am attaching the filed and served...

 

I have also received a response by the way of a second statement which basically says:

 

1.feel no real prosepective of defending claim

22. negotiation unsuccessful

3. admits error in calculations and submit new calculations for £4522.065 and inteersts of 2075.56

 

Still requesting for SJ and cost

 

saying worth mentioning cost of 335 still outstanding?

 

Please advise.... Do I need a skeleton argument and help please ...Hearing on Tuesday next week!

 

Dont they have obligation to treat consumers fairly when in financial difficulties?

 

What is the scope of maladministration and unfair treatment/agreement and how can I use this to request court to declare agreement unfair?

 

Many Thanks

[hobba]

Andy

 

Andy ...

 

I am attaching the filed and served...

 

I have also received a response by the way of a second statement which basically says:

 

1.feel no real prosepective of defending claim

22. negotiation unsuccessful

3. admits error in calculations and submit new calculations for £4522.065 and inteersts of 2075.56

 

Still requesting for SJ and cost

 

saying worth mentioning cost of 335 still outstanding?

 

Please advise.... Do I need a skeleton argument and help please ...Hearing on Tuesday next week!

 

Dont they have obligation to treat consumers fairly when in financial difficulties?

 

What is the scope of maladministration and unfair treatment/agreement and how can I use this to request court to declare agreement unfair?

 

Many Thanks

 

Any suggestions please !

[hobba]

 

Any suggestions please !

 

SJ granted for revised figure of £4522 and interest reduced to 4% ( £1000) and cost reduced to £1000( they were asking for over £5000)...

 

Will this be on my credit file?

 

I feel I should be raising a complaint as Judge said they brought defence upon themselves and provided wrong calculations.

Also she was concerned by statement showing write off and settled cra.They admit it is error ?

This can not be ignored I think ...How to raise this? Help?

[Ganymede]

Yes the CCJ will show on your credit file for 6 years.

 

I think you need to accept it now.

[hobba]

I do not think I will accept it

[Ganymede]

Well that's your choice but don't think you have any grounds to appeal.

 

Seek legal advice if unsure.

[hobba]

I am not thinking of appeal at this stage but to suspend judgement and request for a timed order

To pay in instalments as can not afford to pay all

and negotiations failed when tried before .

 

Also the SJ was partly their fault as the judge commented and they been penalised at cost

 

Any suggestions ?

 

 

..

[hobba]

Could I have this post closed please and removed from searches .

[dx100uk]

nowhere in this thread can i see that you have looked at how much of the agreement you paid etc etc

 

also penalty charges and PPI etc etc

what they got at auction & who was the HP agreement with?

who says their figure is correct?

 

seems it has just been accepted as true.

 

dx

[hobba]

This is true .. It seem as just been accepted as true.

 

Charges they agreed to refund two but not done

Agreement not checked

No evidence of sale

 

Judge seem taken their word .

 

How can I go about this?

 

FOS

 

How to suspend Judgement or set it aside or appeal

[dx100uk]

have you got all the statements and the agreement

 

dx

[hobba]

It is only one statement which shows write off

Agreement yes and not clear

[dx100uk]

so yo have never sent them an SAR to get eveything they hold on you?

 

dx