Lending money to a friend.

[Ganymede]

He is claiming that the signature in the document that he had confirmed the amount that he owes me is not his..

That can't be everything in his application? Why did he not show up at Court?

[Consumer dude]

That can't be everything in his application? Why did he not show up at Court?

 

He is claiming depression and stress but yet he puts in this application for a set aside and does so one day before the C/O hearing. What does that tell anyone ?

[AndyOrch]

Well its hardly likely his application will succeed ...his wasted fee...you cant control the actions of a defendant or claimant in court action...bide your time and then resume with the CO.

[Consumer dude]

Well its hardly likely is application will succeed ...his wasted fee...you cant control the actions of a defendant or claimant in court action...bide your time and then resume with the CO.

 

Did you mean his application is not likely to succeed..

[AndyOrch]

His

[Ganymede]

He is claiming depression and stress but yet he puts in this application for a set aside and does so one day before the C/O hearing. What does that tell anyone ?

 

Is that absolutely everything in his application?

 

He can make whatever applications he likes when he likes. If they are successful is a different matter.

[Consumer dude]

Most of it is dribble and he has lied to the court and I intend to prove it..

[determindator]

keep up the momentum CD as if he's possibly going through the process of repossession, who know's, good to get your reply in asap. Maybe why he's gone for delay tactics. Like you I can't understand for the amount involved why he's let it go this far.

[Consumer dude]

It never does ...but you should and are expected to...assuming you object to it...otherwise the court may allow it.

 

Who do I reply to, and what do I say ?

[Consumer dude]

keep up the momentum CD as if he's possibly going through the process of repossession, who know's, good to get your reply in asap. Maybe why he's gone for delay tactics. Like you I can't understand for the amount involved why he's let it go this far.

 

Haven't been asked to reply but am I to reply to the witness statement. I think I'm heading for a breakdown..

[SabreSheep]

Maybe a letter to the court objecting to the set aside hearing on the following grounds.

 

. Defendant is using delaying tactics to frustrating proceedings.

. Claimant has followed procedures as all stages and been frustrated by the defendants lack of willingness to engage with both yourself and the court.

. Defendant is now using outrageous accusations in an attempt to further frustrate proceedings.

. Defendant failed to attend court etc and has given no extenuating circumstances for doing so

 

Andy is prob better at drafting something than me

[Consumer dude]

Maybe a letter to the court objecting to the set aside hearing on the following grounds.

 

. Defendant is using delaying tactics to frustrating proceedings.

. Claimant has followed procedures as all stages and been frustrated by the defendants lack of willingness to engage with both yourself and the court.

. Defendant is now using outrageous accusations in an attempt to further frustrate proceedings.

. Defendant failed to attend court etc and has given no extenuating circumstances for doing so

 

Andy is prob better at drafting something than me

 

Thanks for your help, the outrageous thing is the defendant is trying to twist things saying I took advantage of him and claiming is stressed. My god, why was I kind to him, I'm doing all the leg work and he's responding when he feels like it..

[AndyOrch]

Haven't been asked to reply but am I to reply to the witness statement. I think I'm heading for a breakdown..

 

Yes simply draft a witness statement in response...noting your objections and reasons..this must be filed and served not less than 7 days before the set a side hearing.

[Consumer dude]

Yes simply draft a witness statement in response...noting your objections and reasons..this must be filed and served not less than 7 days before the set a side hearing.

 

Just to the court ?

[AndyOrch]

No its expected you serve a copy on the defendant also....or your WS will be dismissed.

[determindator]

So it was a final hearing or was it a summary judgment application?

 

This question for knowledge of CCJ's

 

For GM, does that mean if it was a final hearing you would be in a position to enforce but if it was a summary judgement you can't proceed down that line.

 

If you can enforce a final hearing CCJ, and let's say an arrangement to pay was put in place, in this case there wouldn't have been this last minute game of not my sig or any other excuses as the defendant would already have agreed to pay back. You would get some cash back and if the defendant stopped you could execute your enforcement or get back to paying again. At least money is coming back. Can you then change from an enforcement if the defendant was not playing ball and they had nothing worth the amount they owed you for taking, to a C/O?

 

If an item/items were taken and not worth the full amount, can arrangements to pay for the balance still be part of the enforcement?

 

In CD's case if an interim C/O has been granted does that say the CCJ was a final hearing, and the C/O route was taken. What power do you have with a summary judgement is useful to know.

 

I hope the next hearing is soon for you CD.

[Consumer dude]

This question for knowledge of CCJ's

 

For GM, does that mean if it was a final hearing you would be in a position to enforce but if it was a summary judgement you can't proceed down that line.

 

If you can enforce a final hearing CCJ, and let's say an arrangement to pay was put in place, in this case there wouldn't have been this last minute game of not my sig or any other excuses as the defendant would already have agreed to pay back. You would get some cash back and if the defendant stopped you could execute your enforcement or get back to paying again. At least money is coming back. Can you then change from an enforcement if the defendant was not playing ball and they had nothing worth the amount they owed you for taking, to a C/O?

 

If an item/items were taken and not worth the full amount, can arrangements to pay for the balance still be part of the enforcement?

 

In CD's case if an interim C/O has been granted does that say the CCJ was a final hearing, and the C/O route was taken. What power do you have with a summary judgement is useful to know.

 

I hope the next hearing is soon for you CD.

 

July 15th..

[Consumer dude]

Am starting to respond to his witness statement..

[Ganymede]

This question for knowledge of CCJ's

 

For GM, does that mean if it was a final hearing you would be in a position to enforce but if it was a summary judgement you can't proceed down that line.

 

If you can enforce a final hearing CCJ, and let's say an arrangement to pay was put in place, in this case there wouldn't have been this last minute game of not my sig or any other excuses as the defendant would already have agreed to pay back. You would get some cash back and if the defendant stopped you could execute your enforcement or get back to paying again. At least money is coming back. Can you then change from an enforcement if the defendant was not playing ball and they had nothing worth the amount they owed you for taking, to a C/O?

 

If an item/items were taken and not worth the full amount, can arrangements to pay for the balance still be part of the enforcement?

 

In CD's case if an interim C/O has been granted does that say the CCJ was a final hearing, and the C/O route was taken. What power do you have with a summary judgement is useful to know.

 

I hope the next hearing is soon for you CD.

 

You can enforce after a final hearing or summary judgment. It matters not how the CCJ was obtained.

[Consumer dude]

What have I got then. A summary or final ?

[Ganymede]

Sounds like it was a final hearing. Doesn't make any difference to your Charging Order but will make it more difficult for him.

[determindator]

July 15th..

 

A month not far away then. keep a beedy eye on his house and his car reg:madgrin:

[Consumer dude]

A month not far away then. keep a beedy eye on his house and his car reg:madgrin:

 

He doesn't drive and he doesn't have a mobile phone..

[determindator]

He doesn't drive and he doesn't have a mobile phone..

 

He may well be suffering stress like many caggers with financial problems, but I don't know how this pans out in Court.

[Consumer dude]

He may well be suffering stress like many caggers with financial problems, but I don't know how this pans out in Court.

 

No doubt he will portray himself a victim..