F&F secured loan with Elderbridge (old First Plus/Barclays) - coerced debt and selling house

[Lea_HTH]

That wasn't what I said. I

was replying to the previous comment whereby the person said they spoke up so the judge could hear what they were saying, instead of the person whispering to the defendant and the defendant trying to repeat whatever had been said.

The judges in the courts I work in certainly prefer a cogent explanation from a McKenzie friend spoken loudly enough so they can hear it, to a garbled misunderstood relaying from the defendant.

Encouraging lay people to 'play lawyers' would be encouraging them to commit a criminal act - so hardly likely to occur.

[citizenB]

There was a previous cagger - diddydicky - who had been dealing with all the paperwork etc on behalf of his wife. When the hearing date was given he wrote to the court and asked if it would be possible to speak on his wife's behalf. The wife provided a written statement requesting this also - that she would be attending court should any questions need be asked of her. Permission was granted.

I will try and find the thread.

http://www.consumeractiongroup.co.uk/forum/showthread.php?242373-MBNA-Restons-for-Diddydicky-case/page6

Posts # 51 and 52 - However, I have attached a pdf of the draft letters below.

[ATTACH=CONFIG]41460[/ATTACH]

[Myfamily]

Thank you so much Citizen!!

 

This looks like just what I need, I really was panicked at the last one and really don't know how I got threw it, actually felt very light headed, surprised I didn't faint.

 

I will get my version of this written up and sent - have just found out that my new hearing date has been set for JUNE!! so ages to wait now, but at least it give the FOS time and the group court case time to hopefully go through.

 

Thanks again!

 

Myfamily

[Ganymede]

Might be worth reading and including this case...

http://www.familylawweek.co.uk/site.aspx?i=ed25493

[Myfamily]

Hi Everyone,

Well I am waiting with Baited breath for a reply from Eversheds (as ordered by the court) to my detailed defence including exhibits etc. They have till 25 Feb to provide this and my next court hearing s in June.

Just wondered what if they don't provide a reply? what happens then? Is it possible that they won't or do they have to because it has been ordered by the court?

Any help greatly appreciated,

Thanks as usual!!

Myfamily

Anyone please, I don't know what I should do once the 25th has gone by.

[slick132]

HI MF,

 

Rather than speculate about whether they do or don't respond, wait another 4 days to see, and maybe even allow a couple of days extra.

 

THEN decide how to move on, based on actual events instead of various "what if's".

 

[AndyOrch]

And if they don't then consider an application to the Court to strike out their claim for not following the Courts Directions (with Costs)

 

Regards

 

Andy

[Myfamily]

I understand what you're saying Slick, I'm sorry I'm just so tense right now and the waiting is killing me!

 

Also it's soo straining on mine and my husbands relationship, he is even less patient than I am and getting very edgy. atmosphere in our house right now is horrible, just don't know whether we're coming or going!

 

I just wanted to have an idea of what I should be doing next.

 

Andy - Thanks for that info, but I suppose as I cannot make the full CMI plus comething for the arrears could they just start the process again, my defence was very detailed and a lot of difficult questions for them to answer, I'm hoping they can't answer them but I don't know anymore.

 

Thanks

[AndyOrch]

[b" ]Andy - Thanks for that info, but I suppose as I cannot make the full CMI plus comething for the arrears could they just start the process again," [/b]

 

Only by way of the Courts permission which they may find difficult after Strike Out.

[Myfamily]

Oh o.k. that's interesting, How do make that application?

[AndyOrch]

Well lets wait and see if they fail to comply as Slick has advised...you appear to have enough on your mind at the moment.

[Myfamily]

Well it's D day!! Wonder what the postman will bring!

The postman has been and gone and there is no witness statement from FP.

Any suggestions please!??

[slick132]

From post#74 :-

Well I am waiting with Baited breath for a reply from Eversheds (as ordered by the court) to my detailed defence including exhibits etc. They have till 25 Feb to provide this and my next court hearing s in June.

 

 

Can you confirm exactly what the court ordered, and was there any consequence mentioned if Eversheds failed to comply.

 

[Myfamily]

Hi Slick

 

The wording of the order was

 

IT IS ORDERED THAT

 

1) This matter be adjourned till ** June 2013 - blah, bah, blah ......................

 

2) The Defendant must serve a copy of their defence and axhibits on the Claimant by the 4th Feb 2013 (I sent this to them on 30 Jan 2013 and it was signed for on 31 Jan 2013)

 

3) The Claimant must file and serve a witness statement in response to the defence by 25 Feb 2013

 

 

 

That's it, there are no consequences mentioned

 

I'm waiting for today's post then I am going to ring the court and find out if they have received anything - unless you have a better idea!

 

Thanks

 

Myfamily

[slick132]

Hi MF,

 

No, I have no better idea.

 

But others who are subscribed may drop in later..............

 

[AndyOrch]

Allow a few days leniency ( I know you shouldn't have to dealing with large professional corporations) then you need to bring it to the courts attention...by application if needs be for the court to issue sanctions.

 

CPR 3 (PD3.3) http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03

 

Regards

 

Andy

[Myfamily]

Thanks Slick and Thanks Andy.

Still no post yet today but as soon as he comes i will check with the court to see if they have got anything, They've been quick enough to rush me into court so I hate the idea of allowing them extra time, they are a law firm doing this sort of thing day in and day out - I managed to supply my defence to them early!! I'm sure they're doing this just to wind me up knowing that the court is unlikely to worry about them being a couple of days late.

I don't mean to sound moody just a bit fed up with it!

Thanks again.

Just phoned the court and they have received nothing. They said they were working on things dated yesterday so If I call back tomorrow they will be able to tell me for definite whether they have received anything, and go on from there.

[citizenB]

Some courts work to 5 days behind, which is one reason for allowing a little leeway. It is very frustrating when professionas are provided with more time. Especially when it is they who rush to litigate in the first instance.

[Myfamily]

Well, what can I say!!

I rang the court today to find out if they had received a response. I was told that they haven't BUT they have received an application to vary the order YESTERDAY!!. I asked exactly what they were asking for and was told they couldn't tell me as a judge was looking at it at the moment.  I called Eversheds.

I was told that they have asked for the order to be varied to allow more time (until mid March) to reply to my defence, They have also asked that the next possession hearing in June be changed to a Case Management hearing (whatever that means!!). Eversheds told me over the phone that the do not agree with some parts of my defence and will obviously put that in the response.

I hope the judge who looks at it now does not allow the variation, it was a day late!, they admitted that they put it in yesterday surely they should just say "sorry - too late" but No they probably won't, but if I was late they would!!!

Can't believe this!!

I wanted to apply to the court for the claim to be struck out

[slick132]

How frustrating !!

 

You'll just have to wait for now and see how the judge views their late Application.

 

The court will advise you once the judge has considered the matter.

 

[citizenB]

Case management hearing is pretty much what it says on the tin.

 

The case management conference is a hearing which takes place for the purposes of deciding how to progress the case.

 

It is usually where there are some complex issues that need deciding on.

 

It deals with the timetable for certain steps which need to be taken has to be fixed in order to deal with the case expeditiously.

 

In accordance with the Civil Procedure rules, the representatives who attend the case management conference must familiarise themselves with the case and all issues it involves in order to understand the case.

 

You must attend, if you dont and as a result the conference is postponed, wasted costs order may follow.

 

These usually happen when it is necessary to assess what the progress of the case is and maybe to set further directions with regards to the further steps which has to be taken. The court should give the parties at least three days notice of the case management conference. As in accordance with the Practice Direction 29 to Civil Procedure Rules, the court may consider several issues at this conference these are for instance; whether the claimant made the claim clear to the court citing appropriate amount he is claiming for, whether any amendments are required to be made to the claim, what disclosure of documents is necessary if any at all, what expert evidence is required, what factual evidence should be disclosed, whether there are any arrangements necessary for a further clarification of the issues arising, whether it will be just and will save costs .

 

Hope this helps.

[Myfamily]

Yeah Slick - Very frustrating!! - Trying very hard to hold my nerve but I won't lie I am terrified!!! The solicitor at Eversheds was a bit scary and virtualy accused me of lying! Saying she didn't accept certain parts of my defence, I told her this is the truth like it or not!

 

Thanks Citizen for this info - very helpful, I will definately show up! and yes there are complex issues, along the lines of excessive interest and unfair contract terms as well as their treatment of us when we told them we were struggling.

 

This has taken over our life - cannot concentrate at work which isn't helpful as there is a re-structure in progress so people losing jobs and I have to apply to keep mine! If I lose that I am stuffed!!

 

But thanks to everyone here, you have really helped so much and I am very grateful!

 

I just have one more question if you can help.

 

I was advised by a friend that I might want to do and "unless order", he says to ask the courts to give them the extra time of approx 1 or 2 weeks and to say that if they don't provide the response to aks for the claim to be struck out.

 

Does this make any sense to anyone and how doyou think I should word this request?

 

Thanks

[citizenB]

The court / Judge may well suggest something along those lines at the CMC

[Myfamily]

Oh I was more thinking of doing that now, basically asking the judge to not vary the order, what do you think?

[AndyOrch]

" I was advised by a friend that I might want to do and "unless order", he says to ask the courts to give them the extra time of approx 1 or 2 weeks and to say that if they don't provide the response to aks for the claim to be struck out.

 

Does this make any sense to anyone and how doyou think I should word this request?"

 

I have already covered that MF in posts# 77/79/ and 87. I personally would wait to see what response the Court gives to their application.

 

Regards

 

Andy