Welcome secured loans/charge - sold to Alpha/Prime -repo received - ***Claim Dismissed***

[cruzhughes]

Much appreciated

[AndyOrch]

Well its simply to hear the claimants application to amend their particulars (as the order states) 21st March 2018.

 

The hearing on the 26th March I presume is a continuation of the claim ...although I have not see a Court Order regarding this date and hearing.

 

Andy

[dx100uk]

court order in 1205 now

[cruzhughes]

It’s all on here post 1114. Added as soon as received from court. After January hearing.

My defence is on there and Their reply to my defence

[cruzhughes]

Should I be posting stuff somewhere else as anything that’s if importabtce you don’t seem to see? Even though it’s put in here as soon as I get it and before I send stuff I always ask is it ok to go and what I need to do.

[AndyOrch]

court order in 1205 now

 

As per my post #1227 DX

[cruzhughes]

What do I need to take with me next week.

 

Am I likely to be asked if I agree to the amendment as it’s what I queried in my defence by saying they are contradicting themselves by giving various incorrect dates and were they even sure on when these events stated in pic took place.

[AndyOrch]

The court decides in reality...very little you can do but object.

[cruzhughes]

I would have thought their poc should be watertight before they issue these claims.

 

Not a mash up of inconsistent dates and conflicting and false info.

[AndyOrch]

I would have thought their poc should be watertight before they issue these claims.

 

Not a mash up of inconsistent dates and conflicting and false info.

 

Very true...but we must adhere to Legislation and that the Gods that be.

[cruzhughes]

I have. Not sure that they have throughout this mind.

[AndyOrch]

Then the court should dismiss their application to amend and dismiss their claim.......

[cruzhughes]

Fingers crossed then. And hope the judge is on my side and can see their errors. Or if he doesn’t I at least get the chance to point them out

[AndyOrch]

There are no sides in litigation...the issue will be decided on the facts.... law and process.

[cruzhughes]

Let’s hope my defence fully covered those bases

[cruzhughes]

All change here just received a new order. Sending it to you now dx

[dx100uk]

change of POC will be heard on the same day as the repo

that all you needed to write cruz

[cruzhughes]

I wish the court and the claimant would make their minds up what’s going on.

[cruzhughes]

I could really do with some help and guidance as to next weeks hearing.

 

My head is lost with it all.

 

I’ve half done a skeleton arguement.

 

Do I pull up their inconsistencies.

 

Is the judge likely to go through my defence and their reply paragraph by paragraph and compare

 

I don’t know what to do

[cruzhughes]

Dx I had your inbox. I don’t quite get it

 

The stuff above where the facts are you gave to me.

 

Do I just outline the facts and give that to the judge. The bottom part was bits of a witness statement, also in post 1115 where do I use all that?

cruz.txt

Edited March 20, 2018 by dx100uk

[dx100uk]

the 1st sentences before where the facts are you gave to me.

 

you repeat yourself

just tidy it up to be breif and factual.

[cruzhughes]

Thank you. Is this skeleton arguement for me or is it to be handed to the judge before Monday

 

Dx as per post 1245 I’ve sent you the amended copy.

 

Just had a letter from court they’ve brought the hearing forward 2 hours on mon

 

Just rang the court to see why the change of time. The time it’s been moved to is the time they allocate for bigger cases. This is getting scary now

 

Can some please tell me if I need to print this skeleton arguement to give to the judge or not.

Edited March 26, 2018 by dx100uk
merge

[cruzhughes]

Here and waiting patiently.

[cruzhughes]

This is far from over I’ve got to go back in 4 weeks.. he wanted it next week but solictor said they wouldn’t be able to get docs.

 

The charge is staying put I don’t think I put got the point across. The judge said it’s for further monies borrowed.

 

He almost quashed the possession with the fact of the 8000 Ppi refund meant that I wasn’t in arrrears at all. But now at 19 months ahead in payments.

 

Solictor argued that the 231.49 monthly installments would still have to be paid.and remained outstanding so therefore I was in arrears and that should come off the balance owing. It turned into a heated debate between the judge and the solictor.

 

He could not find anything on the loan agreement that stated this.

 

I then argued that if the amount of repayments were 231.49 at the months owing then it would mean the claimant is still charging interest.

 

The judge wanted to know where does it say that. So I pointed it out on the possession claim. And that I’d had it in notes from welcome finance. I didn’t have it so he sent me home to get it and adjourned for and hour.

 

He wanted it finished today to remunerate but the solictor had another appointment to get to and she said that she would have to go back to the claimant.

 

Also the loan agreement stated 8% then old welcome statements has 7.8%

[cruzhughes]

And the solictor argued with the judge that is was not in my defence that I was ahead with payments and it was just the judges opinion..

 

He said no its the opinion of the court.

 

The hearing was about 2 1/2 hours in the end.

 

Next hearing he said to allow 3 hours.

 

Judge is retiring in 8 days so pushed to get it all done today solictor refused.

 

But he said he will organise it so he is allowed back to finish case off.

 

Solictor today was heavily pregnant so she won’t be able to come back next time either