guarantor - got CCJ by default - HELP

[gupta]

hi all. thanx for all the help up to now. I have received the letter from the claimant solicitor stating that they are willing to reduce to 10,000k if I pay the full amount within 14 days plus the cost. I don't understand why they have reduced the amount when they have filed court case against me for 15,000k.

[mjt2013]

To bring the case to an end without incurring further costs and wasting time.

[The Mould]

hi all. thanx for all the help up to now. I have received the letter from the claimant solicitor stating that they are willing to reduce to 10,000k if I pay the full amount within 14 days plus the cost. I don't understand why they have reduced the amount when they have filed court case against me for 15,000k.

 

 

 

opponents trying to make themselves look good on paper - perhaps?

 

 

Gupta, please remind me of your case in a nut shell, so that I do not have to peruse your case again from post #1 (as I do not have the time my dear fellow).

 

 

 

 

Kind regards

 

 

The Mould

[gupta]

thanks for the reply the mould. It was regarding the guarantor signature which I never signed, after the court hearing which was on the 19th of June 2013. which I applied for the case to put aside which was succefully put a side.

The claimant was told by the to get the ink expert to investigate the signature and given 8 weeks to get the evidence.

On the 21t November a conference meeting was held and it was decided the case will be for fast track and will take place sometime in June 2014.

The judge said we had to exchange any evidence we gather.Up to now haven't received any concrete evidence from the claimant apart from the signature which still says belong to me.

after receiving the sar report it says that the account number and sort code does not match the name of the holder, this evidence was passed on to the claimant solicitor, I also got in touch with bank fraud squad team and the lengthy talk with them fraud squad team said they will investigate again and let me know. heard nothing from them. Then this letter arrived.

[gupta]

please help, iv received another letter from the claimant solicitor saying that they have the hand writing experts report from CV of Dr Giles. her estimated fee for preparing a report is 1300.00 +vat. they want me to split the cost. iv got to let them know soon. I don't understand this, is this right for them to ask me for split of the cost as owners on them to produce the evidence of signature. any help will be appreciated.

[The Mould]

please help, iv received another letter from the claimant solicitor saying that they have the hand writing experts report from CV of Dr Giles. her estimated fee for preparing a report is 1300.00 +vat. they want me to split the cost. iv got to let them know soon. I don't understand this, is this right for them to ask me for split of the cost as owners on them to produce the evidence of signature. any help will be appreciated.

 

 

“thanks for the reply the mould. It was regarding the guarantor signature which I never signed, after the court hearing which was on the 19th of June 2013. which I applied for the case to put aside which was succefully put a side.

The claimant was told by the to get the ink expert to investigate the signature and given 8 weeks to get the evidence.

On the 21t November a conference meeting was held and it was decided the case will be for fast track and will take place sometime in June 2014.

The judge said we had to exchange any evidence we gather.Up to now haven't received any concrete evidence from the claimant apart from the signature which still says belong to me.

after receiving the SAR report it says that the account number and sort code does not match the name of the holder, this evidence was passed on to the claimant solicitor, I also got in touch with bank fraud squad team and the lengthy talk with them fraud squad team said they will investigate again and let me know. heard nothing from them. Then this letter arrived”.

OK Gupta,

In the light of your recent post here, stand firm with your Defence that the signature on the guarantee relied upon by the Claimant is not yours and the Claimant has not produced any credible evidence to prove to the contrary, notwithstanding that this Court has allowed the Claimant ample opportunity to substantiate his claim.

Therefore, it is your assertion that his claim is without merit, unsupported and groundless and that this Court ought to dismiss his claim as the Claimant is clearly unable to advance his statement of case.

Keep all communications with Claimant, his sols acting and all departments of Claimant – including “fraud squad” in writing only; do not engage with Claimant or any of the aforementioned over the telephone, keep all correspondence with your opponent on this matter in writing only; (fax and email – acceptable)

If he should telephone you as regards this matter – state… ”in writing only” and hang up immediately! . Do not communicate with Claimant or any department of his or his instructed solicitors on this matter over the telephone Gupta! Keep everything in writing only!!!!!

While writing this I have just seen your recent post, Dr Giles is the No. 1 hand writing expert in England and Wales, if her expert evidence states that the signature on the guarantee is yours, then the Courts will rely upon such and you will have an almost impossible task of convincing the Court otherwise, unless you can produce credible evidence to undermine and defeat and call into question and place realistic doubt on Dr Giles report.

Is this your signature on the document or not? Is there anything on this matter that is important and relevant to your Defence that you have not posted on this matter?

Kind regards

The Mould

[gupta]

ok mould thanks for the reply. so should i pay half towards the cost and get hand expert to go ahead with investigation. and also write to the claimant and solicitor regarding the offer of no payment within 12 days.

[The Mould]

ok mould thanks for the reply. so should i pay half towards the cost and get hand expert to go ahead with investigation. and also write to the claimant and solicitor regarding the offer of no payment within 12 days.

 

 

 

“7. if so instructed the parties shall have permission to obtain a joint expert specialist in handwriting analysis”.

The above is reproduced from the Court’s directions you posted here at #143.

The burden of proof is on the Claimant and in order for Dr Giles to provide the Court with her expert opinion on this matter as regards the questioned signature, she will require at least 12 of your original and certified signatures which will enable her to carry out a proper forensic document examination on the disputed signature contained on the Guarantee for comparison against the same.

If, as you continue to assert, that questioned signature is not yours, then stand firm and deny the claim as you have done so thus far.

If you wish to appear as a helpful party to the Court in this matter, then agree costs of single joint handwriting expert and provide the sols with at least 12 of your signatures and have your GP certify the same.

You decide Gupta.

Kind regards

The Mould

[mjt2013]

As it is a jointly instructed expert you should jointly bear the costs.

[The Mould]

As it is a jointly instructed expert you should jointly bear the costs.

 

 

 

“As it is a jointly instructed expert you should jointly bear the costs”.

The above comment is not factually correct.

One of the Court’s directions stated that:

“7. if so instructed the parties shall have permission to obtain a joint expert specialist in handwriting analysis”. (Court’s direction)

If Gupta does not agree, then he is not obligated to bear 50% of experts’ costs. If he does not succeed with his Defence, then he may well be Ordered to bear such costs as the Court sees fit.

Gupta, if you have nothing to hide, then agree to joint handwriting expert, pay the 50% costs of such and provide the opponents’ sols with at least 12 certified signatures of yours.

Show them that you have nothing to hide and show the Court that you are being very helpful and not putting up any barriers, this type of conduct will prove to be in your favour at the costs stage of this litigation.

I do not doubt you Gupta, give the other side everything they ask for.

Kind regards

The Mould

[mjt2013]

The parties didn't have permission to instruct their own experts, therefore the expert that has been instructed must be the joint expert referred to in the directions, therefore the parties should jointly bear the costs of their joint expert, therefore my statement was indeed factually correct. There's no need to muddy the waters here, it's quite clear what the position is.

[gupta]

thanks for all this information, very useful I think I will pay 50% of the fee. your right I don't have anything to hide after all I want to rest this in Pease and get on with life, its distressful as it is. will let you know how it went.

[mjt2013]

Good luck

[Mike_hawk]

Gupta

 

Purely out of interest, does the problem arise from an account in Feltham or Richmond and do you or any family members have access to a d box at either of those branches?

[gupta]

no mate , no account in Feltham or Richmond or have access to a d box.

[gupta]

hi all. iv received the letter from the claimant sol. saying that their clients instructions and confirm that in order to obtain the experts reports prior to exchange of witness statement it would be preferable to agree an extension to exchange of witness of evidence to the 14th of April 2014.

my question is why are they keep asking extension when the court originally gave them 8 weeks instead they have taken nearly 8 months. can I refuge their request, any idea please.

[Mike_hawk]

No harm in agreeing, it shouldn't interfere with filing of listing q's at end of April.

 

One point to bear in mind is that any correspondence you send it will need to be filed. Perhaps when drafting your reply include a line commenting on your disappointment at its continued delays and appearance of frustrating proceedings.

[gupta]

ok but my worry is that it states that the signature of the guarantee and indemnity dated 21st July 2009 unfortunately original copy of the guarantor is not available.it doesn't make sense why will they not have the original copy.

[Mike_hawk]

I think it would assist if you posted the full content of its correspondence.... not entirely sure what the experts report is going to satisfy if the original document isnt available for comparison or inspection.

 

Have you asked the other side if it wants to take instruction on discontinuance so you can have a chat off the record?

[gupta]

ok mike hawk. this is the letter been sent to the signature experts.

Mr. xyz position is that he did not sign the guarantee and that a fraud may have been committed. the banks position is that the proper processes and procedures were followed and Mr. xyz did sign the guarantee. the signature on the guarantee is therefore in question.

instructions. you are instructed to assess the guarantee and indemnity dated 21st July 2009 against the samples of hand writing enclosed herewith and give your opinion on the probability of the guarantee having been signed by Mr. xyz. unfortunately an original copy of the guarantee is not available.

thanks for your help.

[mjt2013]

So is the expert working off of a photocopy of the guarantee then?

[gupta]

exactly, what else can I do.

[Mike_hawk]

Seems like a waste of £1300.00, how can the examination of a facsimile satisfy an expert of its authenticity and age of 'execution' for comparison to sample signature some 5 years later?

[mjt2013]

I suppose that's why he's an expert and we're not

[Mike_hawk]

She is, the issue I can see is that she is being asked to presume the facsimile is an accurate representation from the alleged date of execution.