Sick vs CAI Finance / Moon Beever / Lloyds TSB Overdraft***Settled by Consent***

[sick.as.a.chip]

The assignment there should be more documents to it! I'll try again to upload!

[Guest]

their partics mentions a loan?

[sick.as.a.chip]

Yeah they messed up calling it an overdraft. It was a loan and I had to tell them the original claim was wrong

[Guest]

ok, cheers, the thread heading threw me not quite up to date with all thread!

afaik, if a loan is terminated prior to its end of term due to a default in payments, then maybe a compliant default notice wld be required? has that already been addressed on thread?

[sick.as.a.chip]

No it's not and it's not something I've asked for yet. They did not enclose that In the pack the court send.

I suppose dependant on the outcome of the hearing what ever that is for I will have to request it and also statements as I'm sure this is not a kick in the but off being statute barred

[Guest]

their amended partics say end of loan term was may 2010. did they terminate prior to that?

[sick.as.a.chip]

Default is 2008. They mean when the loan would have been finished I believe

[Guest]

but did they terminate and request the full amount (remainder) of the loan prior to 2010 (its end of term)?

see section 87 consumer credit act.

[sick.as.a.chip]

I honestly don't know Ford? Best add that to my list ofuthing's I need to know!

[Guest]

sick

give andy etc a nudge to look in, to help further.

[sick.as.a.chip]

How would I go about that Ford do you know?

[AndyOrch]

Hi Sick responding to your PM

 

What do you wish me to look at?

 

Regards

 

Andy

[sick.as.a.chip]

Thanks Andy!!

I've had notification of a hearing for both the claimants and defendants applications.

I applied for the strike out they finally submitted a claim form with application and terms and conditions which I have posted?

Dont know what the court want to do or why we are having a hearing?

Don't know if the application is valid?

There is no default notice enclosed only assignment notices?

Thanks Andy!

[AndyOrch]

Okay lets bring the General Order forward that triggered this recent activity:-

 

General form of judgement

Before judge xxx sitting at the county courticon at xxx.

IT IS ORDERED THAT

1 the claimant shall file an amended claim formicon and particulars of claim by 4pm on 20th June 2014

2 the defendant shall file a fully pleaded defence to the amended claim form by 4pm on July 2014 (just noticed no date?)

3 by 4pm no July 18th both parties must give each other standard disclosure of documents by list.

4 by 4pm on 25th July any request must be made to inspect the original or to provide a copy of a disclosure document

5 by 4pm on 7th August both parties must serve each other signed witness statements of all witnesses upon whom they intend to rely

6 by 4pm 8th August the claimant do pay the hearing fee

7 the trial be listed for hearing on 22nd August at xx for the time estimate of 3 hours

8 because the order has been made by the court without considering representation from the parties, the parties have the right to apply to have the order set asideicon, varied or stayed. A party wishing to make an application must send or deliver the application to the court to arrive within 7 days of service of the order.

Dated 10 June 2014.

(to note at the top of the letter from the court the date is 16th June 2014 I don't know if that matters)

[AndyOrch]

This is your application for failing to comply with Directions and you requested sanction be imposed:-

 

What order are you asking the court to make and why?

 

It is requested that the court make an order to strike out this claim due to the claimant failing to comply with the order made by District Judge XXXXXX dated 29th April 2014 and 10th June 2014. Pursuant to CPR 3 PD 3.3 & 3.4(1)(c .

 

The claimants failure to provide an amended claim form by 20th June 2014

 

What information will you be relying on, in support of your application.

 

Ticked evidence set out in the box below and typed:In the XXXXXXXX County Court Claim Number XXXXXXX Before District Judge XXXX Dated 26th June 20141st Credit (finance) Ltd Vs Sick.

 

Draft Order Further to the notice of allocations and Directions It is ordered that:1 The claimants claim be struck out for failing to comply with the court directions dated 29th April 2014 and 10th June 2014 Pursuant to CPR 3 PD 3.3 & 3.4(1)©.The claimants do pay the defendants costs forthwith in respect of this application .......End Of Order

[AndyOrch]

You received conformation of your application and also the claimants application :-

 

Copy of the claimants application dated 2nd July.

 

What order are you asking the court to make and why?

 

The claimant requests the court to exercise its general powers of management under cpr 3.192 to vary the directions agreed to by district judge xx dated 10th June in the form attached to this application.

 

The claimant is now In a position to serve its amended claim form and particulars of claim.

Requested without hearing and no one who needs to be served with the application.

What information will you be relying on:

 

On 16th June 2014 district judge xx approved directions in this matter with the claimant being required to file and amended claim form and particulars of claim by 20th June 2014. The claimant was awaiting documentation to be supplied by the original owner of the debt which is the subject matter of this claim in order that it may file it's particulars. The documentation has been received today following we understand much chasing by the claimant and the claimant is now In a position to serve and file it's amended claim form and particulars of claim in the form attached to this application.

Neither party will be prejudiced with the variation to the directions suggested, with the current trial timetable being kept in place. The claimant therefore applies to vary the directions in the form attached to this application.

 

The claimant agrees to bear the costs of this application.

Dated 2nd July.

 

 

 

They have attached an amended claim form which is NOT stamped by the court with handwritten 'Amended pursuant to order dated'

They have also attached amended particulars of claim.

[sick.as.a.chip]

Yip! I submitted and paid my fee for strike out on 30thkJune as they had not submitted a amended claim form.

They then submitted on 2nd July amended claim form with copy application?

[AndyOrch]

And so we now have a hearing date that the hearing for the claimants and the defendants applications will take place on 31st July at xx time.

 

The court will consider your application which was correct at the time of application...the fact that they were late in complying with directions remains.

Their application to request relief from your application will be considered.

 

Its basically down to the DJ and how he views their action...the time they were late by..and any merits of letting the claim continue.

 

So you must consider what they have disclosed and prepare...prepare as if you had not made that application and defend what has been disclosed (if anything) and how it affects your initial defence.

 

Nothing really has changed ...he will consider both applications...if he agrees with you and imposes sanctions ....game over.

If he agrees and accepts their application the case continues and you refer to the initial directions of post# 189.

 

Regards

 

Andy

[sick.as.a.chip]

Thanks Andy. Is there anything I need to look for in the application they sent me as now they have supplied that my defence will now be reliant on if that is valid and if they have followed protocol.

I need to request the default notice but as this is not mentioned anywhere would you suggest any other way of obtaining it?

Many many thanks for calling in!!

[AndyOrch]

You have already posted their revised particulars.....scan and post their copy of the agreement.(less any identifiable data redacted)

[sick.as.a.chip]

Oh pants! I uploaded the same thing twice! It's on a different computer I will try to get it uploaded tomorrow! Thanks Andy.

[AndyOrch]

If you could Sick then we can give you some pointers on how to approach this hearing.

[Ganymede]

I think their application is deficient.

 

As they have missed the Court deadline it is now a relief from sanctions application under CPR 3.9.

 

The Court has two applications in front of it and so will need a hearing to listen to both sides. You will need to argue why your application should succeed etc. Refer to the above and the Mitchell case in addition to what you've already said.

[sick.as.a.chip]

agreement!

[Guest]

..

I need to request the default notice but as this is not mentioned anywhere would you suggest any other way of obtaining it?

..

 

as mentioned prior, if they terminated or 'demanded earlier payment of any sum' before the end of the loan term date then a def notice may have been required. if recovery after that date, then dn wld not be required.