Lowell/Carter claimform - Co-op loan - poss - Statute Barred?***Claim Discontinued***

[knet2020]

Appreciated

[shamrocker]

Just out of interest - you have a default notice document from the original creditor dated end April 2009...right?

 

Would it be possible to post a copy of it up...minus any identifiable personal details?

[knet2020]

Yes I do, I am afraid I cant post any copies as I have no means of taking a photo (my phone has recently borked) but I can provide any info required from it? Is there anything in particular?

[knet2020]

In response to shamrocker:

 

DEFAULT NOTICE served under Section 87(1) of CCA 1974

In breach of clause 7.2 arrears of £284 ...

 

Remedy breach by 12 May 2009, We will terminate agreement in writing and repay full amount.

That pretty much covers the main points?

 

Claimant states default was July 2009

[shamrocker]

I wonder where they're getting July from?

 

Have you seen Johno's recent thread? He lost (probably because of judge prejudice or just not having a clue) because the DN was issued around 8 months after his 1st missed payment. The judge backed the claimant's suggestion that the limitation clock started ticking on the date of DN issue. In your case, as you have solid evidence in your corner, you have no such worries. I guess they'll just have to enjoy reading your witness statement and seeing that for themselves.

[AndyOrch]

 

On 18 Aug received Notice of Hearing which is mid November, and contains a number of directions most of which are fairly understandable. However I would like to know:

 

- Copies of documents to be made available to all parties

- The court has said hearing will take approx 180 mins [/color][/b]

- Part 27 of Civil Procedure Rules apply, so do I request documents

I entered a SB defence ONLY and not CCA or CB31 requests have been sent as I was advised the SB is absolute so the onus is on them. This is also a pre 2007 agreement

Can I get some assistance to help prepare a Witness Statement? Shouldnt really need a witness statement apart from copy your SB defence to the WS

 

I know some threads/posts have some examples and I will search but I would like to be able to run it by forum members who are knowledgeable as I will be a litigant in person and need to have something that will be in the correct format.

 

I understand the claimant has to pay a further fee by mid October (which I suspect they will) Thats the hearing fee...be assured they wont pay it until they have seen everything and decided to proceed.

 

Have been rather perplexed as I thought the SB Defence would see the Judge at least requiring the claimant to provide something before proceeding to a hearing?Judges do not see anything until the day of the trial,,,,up until then its a game of poker between you and them and who blinks first.

 

As ever I hope members can help

 

 

Regards

 

Andy

[knet2020]

As ever thanks, I was thinking of the poker angle last night lol.

 

Regarding the WS I know I have entered a SB defence but as the dates all seem so tight is seems reasonable to prepare a WS in case it does end up before the judge?

 

 

I understand the SB is for them to prove but I wanted to ensure my WS included information to point to the whole picture.

 

 

I understand a Judge will either rule it is SB or it isn't

on the basis they rule it isn't then I wanted to be able to argue against the claimants position

which will be the SB date being the date of default.

 

It seems your position is that as the SB defence is absolute, hold my nerve and rely on that.

 

I have also got to admit I have been mindful to make an offer in Full & Final settlement to make it all go away

. I guess that's the point of this whole process.

[shamrocker]

Once you've acknowledged and submitted a defence you may as well wait and see what develops.

 

 

At a later stage Carter will (assuming they don't cave in before then)

issue a witness statement that will attempt to defeat your SB defence.

 

 

Just relax and wait

- you can then see what you're up against.

 

 

As with poker, it's pointless trying to plan what you will do until you see what cards are on the table and the actions of your fellow competitors.

 

 

All you can do is relax in the knowledge that you hold strong cards.....hopefully a royal flush in your case!

 

Have you engaged in any communications or made any payments with regards this alleged debt since the date on your default notice?

[knet2020]

No, as ever it went to a plethora of different DCA and then nothing, it was an out of the blue letter.

 

I had attempted to resolve issues with this account in December 2008 with the help of CAB and the original creditor refused my plan, which I also have paperwork for.

 

At that point the CAB basically told me it's a 'non priority debt' stop paying and let them take you to court.

 

NOTE: They were advising this on the basis I had completed a budget statement and offered a reasonable amount to repay based on my circumstances.

Not a 'Cant Pay, Wont Pay'

[knet2020]

Regards

 

Andy

 

Is there any rule on the standard disclousure? I understand it has to be done 21 days before the court date but do I do it at the last minute eg day before the hearing fee is due?

 

Do they have to send to me 1st or is it all poker

[panther12]

The allocation notice from the court should contain directions and dates that each party should exchange by.

 

 

As long as you file & serve everything you intend to rely on by the date given

there's no harm waiting to see if you receive theirs before sending yours.

 

 

If they don't comply you'll still need to send yours by the date given and notify the court that they have not complied.

[knet2020]

The allocation notice from the court should contain directions and dates that each party should exchange by.

As long as you file & serve everything you intend to rely on by the date given

there's no harm waiting to see if you receive theirs before sending yours.

 

 

If they don't comply you'll still need to send yours by the date given and notify the court that they have not complied.

 

That's an excellent idea, and makes more sense to me. If they did not comply (I don't expect they will not) would 'notify the court' simply be a letter or is it a form?

[Harry May]

Hi knet2020

 

I've been following this thread is there any update?

 

EDITED

 

Sorry I posted after 1st page did not see 2nd page so please ignore this post!

 

Regards

[knet2020]

Howdy all,

Just wanted to post an update to advise this is still ongoing. I am now wondering when and if I can expect to hear anything regarding the standard disclosure?

 

Can I clarify the directions state that court must be in receipt of any docs/witness statement by 3rd week of October and I have heard nothing from claimant.

 

They have to pay a hearing fee in just over 1 week, can I expect to hear anything from them (disclosure) before that date?

 

As the defendant do I have the right to be disclosed first or what date should I ensure I have disclosed by?

 

I know this is all a a game of poker to some extent but I am beginning to get more than a little anxious so some clarification would be most appreciated.

 

I am also confused regarding the Witness statement as I entered a SB defence advice here seems to be just put that into the statement but would I not be better to prepare the statement on the basis of a time line of events and the documents I would rely on?

[dx100uk]

type witness statement into search cag of the red top toolbar.

[dx100uk]

post 36 refers to your other questions

[knet2020]

Thanks for the help

[knet2020]

With reference to the previous few posts above, I have been really stressed out by this situation and at times have been rather quick to post this 'mind babble' as a set of general questions that (as has been pointed out) can often be answered by using the search function.

 

Just wanted to update this thread with the current state of progress:

 

I completed form N-265 (List of Documents: Standard Disclosure) and posted this on 13/10/15

- this included a list of all documents (as per panther12 post)

- I also included my Witness statement

 

As of today, the claimant has not complied, (the deadline was yesterday at 4pm) I have spoken with the court and they advise the claimant has paid the Hearing Fee however no disclosure has taken place.

 

This thread better explains the situation as it now stands.

 

They have advised the file will be returned to the Judge for any further directions and that I SHOULD proceed on the basis the claim is still going ahead on the court date unless I hear otherwise.

SO... the directions includes:

 

You must comply with the terms imposed on you by this order otherwise your claim is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make a formal application to the court before the deadline imposed expires.

Based on the threads relating to this (and I don't want to jump the gun) it seems that

 

- I should wait until early next week and then check the situation with the court.

- I will then write advising the court of non-compliance

- I can then request the claim be struck out (unclear as to whether this will happen anyway?)

[shamrocker]

Hi knet2020 - Andyorch will hopefully be along this evening and will confirm your options with regards your questions above.

 

Can you confirm that the claimant has not even submitted a witness statement as yet?

 

Would you be able to post up a copy of your own witness statement?

 

Sham

[AndyOrch]

- I should wait until early next week and then check the situation with the court.

- I will then write advising the court of non-compliance

- I can then request the claim be struck out (unclear as to whether this will happen anyway?)

 

Correct Knet.

 

Regards

 

Andy

[knet2020]

- I should wait until early next week and then check the situation with the court.

- I will then write advising the court of non-compliance

- I can then request the claim be struck out (unclear as to whether this will happen anyway?)

 

Brilliant as ever thanks.

 

Found this answering my question(s) above:

 

As the court has power under Part 3.4(2) to strike out of its own motion (i.e. without an application), what you could do is write to the court and ask it to put the file before a judge with a view to striking out

 

I can submit an N244

 

FAO shamrocker

 

This was an excellent resource (for others too)

 

The Witness Statement I entered was modified from others around here based on the Statue Barred Defence and including details of BMW FINANCIAL SERVICE (GB) LIMITED Vs.HART the appeal of which is here http://www.bailii.org/ew/cases/EWCA/Civ/2012/1959.html

 

 

I have also taken this wise post to heart

 

The fleecers shouldn't try and spoof people into paying debts by issuing speculative claims hoping for a default non defended rubber stamped judgement where no paperwork is ever checked. This is why it is SO important to always defends all regardless to if you THINK you owe the money or not!

 

Andy

As of today have still recieved nothing so now 3 working days over the deadline, I intend to notify on non compliance on Monday and will speak with the court toward the end of the week. Will keep this thread updated.

[knet2020]

Woot,

I have just spoken with the County Court....

am pleased to announce they have advised me the claim has been discontinued :whoo:this was notified to them on Friday (1 day after disclosure deadline) and I expect the discontinuance of the claim ensures they are not censured for failing to follow the Judges directions.

 

On a more serious note, I understand the court don't tell you this in writing, they expect I will receive notification from the claimant, I am not so sure. The court date has been vacated.

 

It's been an awful experience at times but also one of learning and reading which is never a bad thing. I am very grateful to all who helped me with this and give there time to help others in similar situations.

 

I will try and clean the thread a little so it may be there in the future (in Legal Success) to help others...

 

Simply am Elated

[AndyOrch]

Well done Knet...delighted for you.

 

You should receive a Notice of Discontinuance yourself from the claimant..

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy