2 claim forms received today from Northampton County Court

[loobie79]

but i have nothing to defend this case with, the overdraft is definately out and ive been quoted £600 for a barrister to attend the summary judgement hearing with no guarantee of success

 

so what would i put on the witness statement?

[AndyOrch]

The SJ hearing is that for the O/D or the CC/Loan?

[loobie79]

its for the credit card and overdraft

[AndyOrch]

The £1500.00 claim?

[loobie79]

no the bigger claim

[AndyOrch]

OK Ill have to refresh and read your thread again.

[loobie79]

thanks Andy

[loobie79]

I've had a costs schedule from restons today for £1252.00, guys I'm really panicking now. I've done everything a$$ backwards - I really don't know what to do? I've got a hearing next week and absolutely no idea what I'm doing. I'm guessing thheyve been following this thread can anyone give me some advvice

[AndyOrch]

Hi Loobie I fail to understand why you feel you have done things backwards ...in what respect?

 

The schedule of costs you have received ...does that have the inclusion of the forth coming Summary Judgment hearing?

 

If you feel that you should not have defended that claim then there is still time to negotiate with the claimant to try to reach settlement pre hearing.

 

Take a read of this thread:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?395681-Bank-of-Scotland-amp-Blair-Oliver-amp-Scott-now-SCM-Court-Claim-help!!/page10

 

 

Regards

 

Andy

[loobie79]

Me again, I have completely put aside the other claim :/ I need to submit a witness statement by Thursday - well before if possible. They have sent me their witness statement and docs to support and I will post these up later - have to go to my mums. CCA is still illegible.

 

Ive been reading the CPR again and its says about pre action conduct. I have never received anything from Marlin or Restons prior to the court claim forms - even though they are claiming to have sent the assignment notices, I have never received these. As previously stated I could of had the Lloyds ones but I just binned all correspondence from Lloyds without reading them (big mistake!)

 

Should they have sent me a letter warning of court action before actually making a claim? Obviously the Court are going to say he said/she said about the assignment notices but I just want to be sure of this before I start focusing my attention on it (my brain can only take so much).

 

Thanks in advance!

[AndyOrch]

Failure to follow Pre Action Protocol would only have an adverse effect of their costs should they go on to attain judgment...not really a plus for the defence.