Jump to content


Court Proceedings issued Shoosmiths on behalf of Lombard


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4036 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 51
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Always and encouraged by the Courts to mediate...beats getting a CCJ.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I have asked Shoosmiths to ask if their client would be willing to settle the matter prior to Trial so I will have to wait and see if Lombard are willing to do so. I fear they won't because they have been hell bent on issuing court proceedings. I can only hope that the Judge will take pity on me and understand that I have paid off all my other outstanding business debts and that I have made every effort to keep this matter out of court. The judge should also see the errors that Shoosmiths/Lombard have made with regard to the outstanding balance. Fingers crossed Lombard will keep this out of court.

Link to post
Share on other sites

I have asked Shoosmiths to ask if their client would be willing to settle the matter prior to Trial so I will have to wait and see if Lombard are willing to do so. I fear they won't because they have been hell bent on issuing court proceedings. I can only hope that the Judge will take pity on me and understand that I have paid off all my other outstanding business debts and that I have made every effort to keep this matter out of court. The judge should also see the errors that Shoosmiths/Lombard have made with regard to the outstanding balance. Fingers crossed Lombard will keep this out of court.

 

Good stuff Scaniaman.

 

Good luck, I shall be following your case with interest.

 

Kind regards

 

The Mould

Link to post
Share on other sites

I have now heard back from Shoosmiths and tey have stated that if I complete their statement of means form then they will take client's instructions. I have looked over the statement of means form and they want details of my employers, details of any belongings that I own e.g. jewellery, cars etc they want to know if i have any equity in my property, who has the title deeds, they want copies of HP agreements, copy of mortgage statement, copies of bank accounts. I am not prepared to give this information to them. My question is can Shoosmiths tell me that they won't take client's instructions unless I complete the form. This suggests that it is not Lombard requesting me to complete this form but Shoosmiths. I would have thought Shoosmiths would have to take client's instructions regardless. I am prepared to give details of income and expenditure but not complete the form they have sent. Shoosmiths have confirmed that they are now in receipt of my Defence,

 

Any advice of what I can do? I don't want to complete all of their form because i guess they are looking at an attachment of earnings order which is really not necessary because I am making weekly payments and/or judgment secured on the property which I would like to avoid as they are probably looking at forcing a sale.

Link to post
Share on other sites

They have no rights to this information, so I would not complete the form, but give them general details, limited to what you are prepared to reveal. It is more likely they will just use the information, if they continue to court, which I think is pretty likely.

 

As for wifes and sons DOB, this may be see if wife is of pensionable age and wheher your son is under 18. I can't see that they would need to know this and actually take into account how they affect your ability to pay.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Thanks I thought that was the case. I think I will provide them with an Income and Expenditure list which I have provided previously but I will submit again. I think I will also ask them to confirm that they will take Client's instructions on whether they are willing to negotiate to avoid Trial. At least if it does go to Trial and produce those e-mails to the court as proof that I tried to keep the matter out of court.

Link to post
Share on other sites

Basic I & E and I mean very basic, (In and Out and other debt payments) no information with regards to your Wife and Son.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Well I have heard nothing more from Shoosmiths regarding trying to settle this out of court. Shoosmiths have now sent me a Notice of Part Admission. The good news is that they have accepted the amount which I have admitted but they have also stated on the form that I have not made any offer of payment when I have been making regular weekly payments and this was also in my Defence. Shoosmiths have requested that judgement be paid immediately which they obviously know I can't. Can I inform the court or shoosmiths that they have again got it wrong or will the court pick up on it.

Link to post
Share on other sites

I have bitten the bullet and sent an e-mail to the court informing the court that Shoosmiths are aware that I have made an offer of payment and have been making weekly payments for some considerable time so I will have to see what happens.

Link to post
Share on other sites

I was wondering if I could make a formal complaint about Shoosmiths conduct and take it to the SRA?

 

You can of course make a complaint if they are acting against the relevant professional standards, but you would have to state what standards they are not meeting.

 

From what I can see, these are issues you can raise when and if you get to court. Sometimes better to keep the court informed of claimants errors and let them explain themselves to the Judge.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Unfortunately I think Shoosmiths realised their errors and they submitted an acceptance to court based on the amount I had calculated the outstanding amount to be. I have now received a Judgement for the Claimant which states that the Claimant has accepted my offer of payment and the outstanding amount has to be paid in full which of course Shoosmiths know this to be incorrect. My offer was £10 per week which I have been paying. Also the judgment does not take into account the payments I have made since I submitted my Defence which is what the Judgement is based on. The Judgmenet statement that if the payment is not what I offered then I have to write to the court pointing this out. is this just an error by the court as it is still being dealt with by way of Northampton?

Link to post
Share on other sites

On the court form, apparently there is a bit where you ask to pay by instalments. If you did not complete this, then you may have to complete the N245 form and seek a variation.

 

I think this link answers your questions.

 

http://www.justice.gov.uk/courts/northampton-bulk-centre/ccbc/frequently-asked-questions

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Well, I would write to Shoosmiths advising them that you will continue to pay them the £10 per week, as previous made. Perhaps it up to the claimant to take this court, if they are unhappy with this amount and they cannot agree with you an amount they are happy with.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

The N9A is only to be returned to their Solicitor if you admit the claim in full, if you only admit part of the claim it must be returned to the Court

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 3 weeks later...

OH dear I cocked up a bit then. Well I've actually submitted a formal complaint to Shoosmiths so we will see what happens there apparantly they've got 8 weeks to investigate and get back to me. The Case has been directed to my local court and a Re-determination Hearing has been arranged for the end of March. Should I send anything to court in advance of this hearing i.e. income and expenditure? Thanks for all the advice.

Link to post
Share on other sites

Which form did you submit for the RD hearing Scania?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I didn't submit any form. I wrote to the Court and informed them that Shoosmiths had incorrectly completed their form and stated that I had not made any offer of payment and that I had been paying regular weekly payments for almost 2 years. The court then wrote and said the case was being transferred to my local court and the local court wrote to me with confirmation of a re-determination hearing. Thanks

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...