Just Cash Flow PLC business bank personal guarantee Court Claim.

[MOSS 41]

will do 

 

pdf directions

 

 

DQ.pdf

[MOSS 41]

Just an update - N181 all done and filed - SAR returned 

main thing that JCF plc are relying on - is that the business contract itself is the personal guarantee, however 

 

in contract-

execution section 7.1  clearly state -DOGI (deed of guarantee and indemnity) to be signed in wet ink and legal advice document from solicitor returned

execution section 7.2 clearly states - debenture to be signed in wet ink and returned.

 

neither of these were done as i told my broker that i would not personally guarantee or raise debenture (have emails to prove)- and the SAR prove these documents dont exist. The SAR also proves the lending report states DOGI and debenture must be obtained and 'is ok by client' (lies)

 

so they are seeking to rely on the business contract itself creating the guarantee and indemnity  -as they dont have the contract referenced DOGI or debenture, as they were never presented, done or signed and SAR proves this.

 

now my argument is - if the contract itself creates the guarantee and indemnity then why are these clauses and documents listed, stated and required in the contract detail. because if the contract is the guarantee and indemnity , there is no need to reference or list as documents to obtain (ie there is no need for them) and they are clutching at straws.

 

 

 

 

 

 

[dx100uk]

it doesn't

no signed PG ...judge will throw it out.

not seen one go any otherway here.

 

dx

 

[MOSS 41]

But the way they have wrote the contract- which the agreed and confirmed in SAR is a standard non negotiated document 

states 

party 1 - borrower Ltd busines

party 2 - Mrs xxx (guarantor )

party 3- Mr xxxx (guarantor ) 

 

so they are saying this narrative is enough - 

when I am saying it’s irrelevant as our intention as per contract law - was not to personally guarantee - as we have correspondence to prove we asked not to, and they didn’t provide the Dogi and debentures as they normally do when a guarantee is required . So I’m relying not just of the missing docs but English contract law of - offer acceptance, And Intention of parties etc 

 

and just to note I have dealt with this Co before - same exact loan product different company - now paid off 

And there was a dogi and debenture Attached that time - so Then and us both know this time these parts were omitted in this instance at our request 

 

but also to note -

one of the alleged ‘guarantors’ has not signed in a personal capacity - their copy missing as per SAR - also 

 

 

[MOSS 41]

ive had a general form or judgement or order - im confused

 

its says

upon reading the claimants application

IT IS ORDERED THAT

The claim be transferred to the county court at xxxxxxx(my local court) for the application to be listed for hearing (on notice) and served

 

no ive not had any application paperwork served on me or anything and this order was made without a hearing.

 

then received 10 days later a notice of transfer of proceeding -to all parties

As a result of an order made on the xx of sept this claim has been transferred to the county court of xxxxx (my local court)

 

so what the hell has the claimant applied for ?

a move of court nearer them which was denied, or something else

[dx100uk]

sounds like a std N157 to me.

they applied for nothing

cases are always transferred to your local court you put on the N181.

the claim is thus naturally proceeding as it should.

 

have you a date yet?

 

dx

 

[AndyOrch]

N154 Notice of allocation to fast track .....N157 is Small Claims Track......but there should be no need for any application after DQs submitted...I surmise that this may be an application for Summary judgment /Strike out of your defence.

 

I would contact your court and ask for a copy of the claimants application in connection to the Notice of General form of Judgment/Order.

There are time constraints in which you have time to respond to their application.

 

Andy

[MOSS 41]

It’s fast track - no confirmation of allocation, case management anything - it will be months and months 

 

so

Confused as to why they made an application and I got An n24 

 

im more intrigued , what did they apply for ? 
they’ve made an application for something 

 

I’m on hold to court now to find out 

[AndyOrch]

Summary Judgment

[dx100uk]

On 20/08/2020 at 12:42, Andyorch said:

Just Cash Flow PLC

so trying to force things through by SJ negating anyone carefully looking at any enforceability issues in the paperwork they do/not have....crafty just like all the UAE claims. 

 

did the same at PAPLOC stage too.

 

 

[MOSS 41]

Yes - just got off phone to court -

theyve applied for summary judgment

 

money claims ordered it needed a hearing at local court - spoken to local court , they said doesn’t matter what other judge said 

their judge will look at it and decide if it needs a hearing or not 

 

I’m so angry with this one I put on a bullet point defence and I have a massive strong defence to be submitted upon allocation and witness at stage etc 

that the judge now will not see before making a decision on whether to allow summary judgement - 

 

please tell me they don’t give them out easily and most of the time allow a hearing instead 

 

 

[dx100uk]

2 hours ago, Andyorch said:

There are time constraints in which you have time to respond to their application.

 

Andy

 

1 hour ago, MOSS 41 said:

the judge now will not see before making a decision on whether to allow summary judgement - 

 

 

object to it then..

[MOSS 41]

They haven’t served me the application or any documents at all 

 

I only know this because I rang the court 

 

protocols don’t apply To  them apparently 

 

 

they haven’t followed any rules -

just pressure all time 

but I have a defence and I’m entitled to have my time in court with it 

[dx100uk]

5 hours ago, MOSS 41 said:

ive had a general form or judgement or order - im confused

 

its says

upon reading the claimants application

IT IS ORDERED THAT

The claim be transferred to the county court at xxxxxxx(my local court) for the application to be listed for hearing (on notice) and served

 

no ive not had any application paperwork served on me or anything and this order was made without a hearing.

 

then received 10 days later a notice of transfer of proceeding -to all parties

As a result of an order made on the xx of sept this claim has been transferred to the county court of xxxxx (my local court)

 

so what the hell has the claimant applied for ?

a move of court nearer them which was denied, or something else

it will tell you on this doc how to object i think

you have 7 days i think too.

 

dx

[MOSS 41]

Yes - it was , didn’t say what application for 

 

how can I object if have no knowledge of what application they have done , just that ordered to be listed for hearing - seven days up yesterday according to latest post 

 

I’m happy

to have a hearing , just don’t want judgment without a hearing 

 

I just want the opportunity to defend myself - 

Money claims judge ordered a hearing - that’s fine 

but local court saying ,

doesn’t matter it’s what our judge says -

that’s what worries me 

 

why do I have to be on speed dial to court because the claimant ignore all

procedures and protocols 

 

the application should have been served with their evidence to me 

[AndyOrch]

You should have been served a copy of the application and their witness statement in support of said application.....thats Northampton's error...have you requested a copy as I advised in post # 39 ?

 

You will need a copy to respond with your witness statement in response...and there will be a hearing....summary judgment applications cant be dealt with without a hearing.

 

You will be allowed to submit your statement and evidence in objection you normally file this within 7 days of the hearing.

 

Come back when you have copies of their N244 and statement.

 

Andy

[MOSS 41]

i have raised a complaint with CCMCC and cc'd in my local court for the case file , that CPR 23.4 was breached by the claimant (another breach)

(not serving me the application)

and the court failed to serve me the application meaning i lost my right to set aside, vary or stay.

 

also requesting a copy of the application and their evidence.- as ive still no idea what they have done or written.

 

its so frustrating the claimant, just tries to side step me all the time (keep me in the dark)

and i know the costs they will put forward will be ridiculous 

[MOSS 41]

I believe the reason they went for the application (still not yet seen) is because I put in a small bullet point defence on this one - knowing. I had plenty of time in the future to give ‘ full’ legal agreement and defence with evidence , the bullet  points

1.contest the validity of the personal guarantee 

2. Submissions made to claimant have failed  to provide a copy of personal guarantee which they seek to rely upon

3. material concerns in respect of the initial loan agreement and the way it was handled by claimant 

4. it is my intention to raise these concerns with the court so I am fully aware of legal remedies available to me. 
5. I consider there is sufficient evidence that my case meets the requirement of an unfair relationship (consumer credit act) 

 

 

I have lots of lots of evidence to completely elaborate the above with references to Specific areas of law and case law - emails, lending reports, prior dealings with the company, variations and release of securities  and amounts , missing deed of guarantee and indemnity , no consideration, missing items from prescribed method of acceptance and on and on and on........

 

Will I  have a chance to present And submit this  all this evidence before a hearing for application of summary judgment , or should I file an n244 application to Amend defence Giving full defence right at the offset? Attached to defence form?
 

due to the short notice and 7 day window to set aside (which I missed as not served on me til much later - I have complained to court)  - it means the claimant  applied asking for no hearing and serving no notice on purpose !

 

however order and  notice of allocation to my local court for an application hearing( on notice and served) has been made 

does that mean the judge disagreed to hear without hearing and me being served and has ordered a hearing on which I must be given notice and served 

 

Denying their request to decide without hearing and serving me notice (sneaky buggers) 

 

 

[AndyOrch]

Perhaps post a copy of your defence verbatim here ....if it is anything like your bullet points above then I doubt it was CPR compliant ....hence their application for SJ/SO.

 

Andy

[MOSS 41]

Noted - I didn’t write it , I paid someone else to do it !!    Livid !

 

how can I control the situation ?

debt specialist who would apparently do it all for me - Said keep it brief , we do the rest later - cost a lot too !

 

whats my next step- ask for amendment of defence ?

 

Thanks for response - how is it not cpr compliant,

how can I sort this ?

[AndyOrch]

Post a copy here.....and I will explain why it's possibly not complient....

[MOSS 41]

thanks, i have spoken to barrister, who reiterated what you said, its no defence and  not answering anything, so i need to apply and pay for application an amended defence (i have constructed the amended defence with his help)

 

so do i fill in the whole defence docs again N9b attaching my new defence pages 

 

with the application notice as a covering document?

 

is there a template on here on how to fill out amended defence application and draft order i am asking for .

 

its a good legal defence made with barristers help, they should allow this amendment if i explain the circumstances right?

(i understand i might have to pay costs to the other side because of application due to bad defence-how much would this be?)

 

on to the other case with these savage beasts, trial  listed march 2021, this is the one where signed copies of my husbands personal guarantee doesnt exist- CPR 31.14 done and SAR, they dont hold one.

and the document, containing thee terms and details to create a guarantee in my name is missing again SAR and CPR 31.14 done, they dont exist.

 

should i do an unless order- provide these documents or have case stayed struck out, or does that rock the boat?

[AndyOrch]

No...no applications at the moment re amended defence...or unless orders....your defence has been accepted by MCOL. You need to deal with drafting a statement in response to their application for SJ and treat this as a separate entity.If you dont deal with this correctly its irrelevant what your initial or proposed new defence states because it wont get to normal trial.

 

Have you now got copies of their N244 and statement ?

[MOSS 41]

No- I asked ccmcc, that said as it’s been transferred you have to wait for them to send you an application we didn’t have to copy you in,

 

I’m so confused , barrister said I must put in application for amended or it will be struck out as a bad defence - a witness statement will not replace your defence - which should have been correct in the first place 

 

I’m trying to get copy of n244 , no one is doing it

 

how about I send a letter asking for permission to enter an amended defence to claimant ? If so , would I include the defence so they could decide wether to continue with the hearing or not ?

[dx100uk]

ignore me was on a small screen

 

dx