Cabot/Mortimer claimform - old 2003 Lloyds Loan -stayed - Now n244 to lift stay-Summary Judgment

[AndyOrch]

Difficult to say really ...you have to read and anticipate how the context goes and then counter..that's the art of arguing in litigation and why Barristers/Sols get big bucks. 

[sxam]

Had the hearing yesterday, Judge lifted the bar and permitted the claimant to go for trial but told the claimant that original default notice must be provided as screenshots were not permitted and asked the original letter from Lloyds stating that Cabot was the Creditor. Now what shall I do?

[AndyOrch]

So you have defeated their application to strike out/summary judgment...that's not an easy achievement so kudos there and the judge has concentrated on the default notice issue which is what  your statement intended.....tick box.......now its for the claimant to produce the original default notice and deed of assignment...reconstituted Deed Notice of Assignment they may overcome.....but getting the original default notice ?.....not a chance...but watch out or a recreated one. 

 

 

Well done....round 1.

[sxam]

Yes Andy, I am glad their application has been rejected, thanks to you all for great help.
 

What will be the next procedure? Just wait for the hearing date from court? 
 

Will I get copies of any extra exhibit (if any) from the claimant before the hearing? 

[AndyOrch]

Claim will now move to allocation (parties file DQs) and the court will give directions re statement and disclosures.....or the court may dispense with allocation and just order that the claimant disclose the stated documents by x date and should they fail the claim will be struck out.....but lets see what transpires.

 

The Court will advise by General Order

[sxam]

UPDATE:

Claim has now been allocated to the small claims track. Hearing due 4th October.

 

In reference to the attached, "case management" paragraph (11)

I haven't received any communication/document from the claimant by the mentioned date, 13th Sept. Do I still submit my documents by 27th.

 

I will be away on the hearing date, 4th October, can I request court to postponed the hearing?

 

As always, really appreciate your help. Thank you.

Small Claim Court.pdf

[dx100uk]

you need to tell the court the claimant has failed the judges orders  point 11 of date xxxx and have not provided their evidence the claim should be struck out.

 

what date is that NOA please

 

 

[sxam]

Do I tell the court now or at the time of hearing? Do I still submit my document by the 27th? 

 

[dx100uk]

now

 

dx

 

[sxam]

NOA Dated 16th August.

[dx100uk]

Just type no need to keep hitting quote, makes a thread twice as long .

 

Why have you wasted more than a month to tell us!

 

Get onto the court now! 

 

Dx

 

 

[sxam]

Apologies, I mostly travel away for work, I was away and only arrived this weekend to find the NOA. I am away again next week and won’t be around on the 4th for hearing. 

[dx100uk]

The claim should be struck out as per the judges order, that should be the end of it .

 

Did you get through to the court today?

 

Dx

[sxam]

I have emailed them. Should I call them? 

[dx100uk]

closed now.

no hurt ringing tomorrow.

 

dx

[AndyOrch]

Quote

Do I still submit my documents by 27th. Yes

 

I will be away on the hearing date, 4th October, can I request court to postponed the hearing?

 

No you attach a covering letter to your statement advising the court you will not be  in attendance pursuant to CPR 27.9 and serve a copy to the claimants along with your statement /docs.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9

 

In the meantime keep your eye on that order and check i the claimant complies.

 

Andy

 

[sxam]

Claimant solicitor just now emailed me their documents after receiving mine. They are almost two weeks late. 

[dx100uk]

time to get scanning.

 

dx

 

[sxam]

Received 118 pages, nothing new. Default notice is still screenshot. 
 

their letter says I am not allowed to share redacted deed of assignment which are all statement entry from 2003/2004.

 

there are several page of this. They have also included several pages of terms and conditions.

 

majority of these documents are on post #31 to 44.

 

please advise. 

CDocs.pdf

[sxam]

Received another email from their solicitor. They recon they don’t have to provide original default notice.  Please see attached. 

Scan 28 Sep 2022.pdf

 

Can they submit their bundle this late? This obviously puts me in difficult position as I already submitted my bundle and I have no time to prepare my defence. 
 

appreciate your help please. 

[AndyOrch]

They still need to prove that a Default Notice was served from the original creditors accounting software.

[AndyOrch]

Topic open

[sxam]

UPDATE:

Sincere apologies for being so late. I have been in and out of the hospital and did not have much time to post. My previous hearing got canceled and the new hearing is tomorrow.

 

The claimant sent me their statement of cost. Does it look ok?

 

Appreciate your feedback. I will update the outcome tomorrow and please wish me luck.

 

Thank you all for your time. Really appreciate it.

claimaint fee.pdf

[AndyOrch]

Yes, that's normal and part of the process that a claimant will serve its bill of costs pre hearing.......best of luck for tomorrow.

 

Andy

[sxam]

Unfortunately I have lost the case. Judge didn’t think original default notice was required to prove the debt.

 

I now want to avoid CCJ. I already told the court that I won’t be able to pay the lump sum and will offer to pay £100 a month to which claimaint solicitor said will discuss with his client. 
 

what’s the best way to approach claimant to set this up so the judgement is not visible in my credit file?

 

is Tomlin order the best way? How do I set this up? Is it done through the court or just between the two party? I don’t have much time as I am away from work next week for 3 weeks so ideally I want to set this up before I go.

 

Thank you.