Help with an old debtor- CCJ looming!!

[tomterm8]

I would take the letter to the court in person, if it local (it should be, by now). Otherwise, send it by special delivery. You should send a copy to the contact address on the claim form, too.

 

Obviously, change the relevant dates & header

[minky93]

Wow! tomterm8

 

What a brilliant defence! it is so kind of you to help rich....

 

minky xxx

[tomterm8]

Wow! tomterm8

 

What a brilliant defence! it is so kind of you to help rich....

 

minky xxx

 

it's not technically a defence, just a response to their application for summary judgement.

 

Laiste should be able to help Rich when her $$£$$£ computer is finally fixed, but we don't want summary judgement entered before then:)

[rich2568]

Thanks Tomterm for your support!! A super write up;)

 

I`ll check over it with Laiste and do whatever she says:D

[tomterm8]

Might be worth PMing Laiste with your telephone number... so if these computing problems keep on cropping up, she can phone you direct.

[rich2568]

Have done that now. Hopefully we`ll be in touch with each other verbally!!

[rich2568]

The ` Notice of Hearing of Application`(N244A) has been received by me today from the court.

 

It states that the claimant`s application for Summary Judgment will take place--- in October!!

 

Obviously this gives me (and Laiste) valuable time in preparing what I will need to get this possible C.C.J. buried underground!!

 

All wish me luck-- the fight has just begun:)

 

Thanks again Tomterm for your valuable input;)

[tomterm8]

The ` Notice of Hearing of Application`(N244A) has been received by me today from the court.

 

It states that the claimant`s application for Summary Judgment will take place--- in October!!

 

Obviously this gives me (and Laiste) valuable time in preparing what I will need to get this possible C.C.J. buried underground!!

 

All wish me luck-- the fight has just begun:)

 

Thanks again Tomterm for your valuable input;)

 

Eh, don't you love English Justice... I kid you not, it's the only system in the world where it takes longer to hear an application for summary justice than it would if they just let you go to the b****dy trial.

[rich2568]

Eh, don't you love English Justice... I kid you not, it's the only system in the world where it takes longer to hear an application for summary justice than it would if they just let you go to the b****dy trial.

 

 

Yes tomterm, you are right there!

 

For the record, what does essentially the following mean:-

Attention is drawn to Rule 24.5(1) which provides that if a respondent to an application to Summary Judgment wishes to rely upon written evidence at the Hearing, he must, at least 7 days before the Hearing (A) file written evidence (B) serve copies on every other party to the application

.

 

Thanks again Tomterm- clicked your scales by the way;)

[rory32]

It's part of the CPR. Rule 24.5(1) is to do with evidence for the purposes of a summary judgement hearing. Details of Rule 24.5(1) are here Civil Procedure Rules

[Jeff2000]

The ` Notice of Hearing of Application`(N244A) has been received by me today from the court.

 

It states that the claimant`s application for Summary Judgment will take place--- in October!!

 

Obviously this gives me (and Laiste) valuable time in preparing what I will need to get this possible C.C.J. buried underground!!

 

All wish me luck-- the fight has just begun:)

 

Thanks again Tomterm for your valuable input;)

 

 

Hi rich,

 

 

October eh?

 

Oh well, good luck in advance!

 

 

Jeff.

[minky93]

Hiya rich!

 

Here's wishing you all very best too.... October! at least it will give you time to sharpen your claws!!

 

minky xxx

[rich2568]

Thanks all for your support!

[rich2568]

Still waiting for the S.A.R..

 

Will be writing to them tomorrow!!

 

With reference to the `enclosed Egg Card Agreement Conditions`- that should have come with the CCA request, I will also write to them stating the following:-

 

(1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

 

Also draw their attention to the to section3 (2) of the copies of documents regulations 1983/1557 of documents

General requirements as to form and content of copy documents

3.-(1) Subject to the following provisions of these Regulations, every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall be a true copy thereof.

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instru­ment or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

 

Since the Bulk of the contents of the T and C’s will contain the information prescribed in schedule 1 of the regulations and are required to be included within the Act these are a central part of the request.

I do not see how they can say that they have complied without giving these.

 

Any comments?

[rich2568]

Hi All

 

My case is looming tomorrow. Is there anyone out there who wishes to compose an amended defence for my use?

 

It appears that Laiste has emigrated???????

[tomterm8]

Hi, I'm writting a skeleton argument at the moment.

[tomterm8]

Ok. This is the mamouth skellie

Skeleton Argument - Rich.doc

[rich2568]

THANKS TOMTERM!!!!

You are a STAR ******

[tomterm8]

THANKS TOMTERM!!!!

 

You are a STAR ******

 

don't forget to take three copies to the hearing... good luck:)

[rich2568]

BAD BAD NEWS!!!

 

Here is the order:-

 

1) Permission to file an amended defence and counterclaim is refused.

 

2) The defendants defence is struck out.

 

3) There will be judgment for the claimant plus costs & fees on issue along with the Allocation fee, together with fixed costs on Summary Judgment.

 

Well how about that for a fair trial!!

 

There is no such thing as one- sided justice eh??

 

Well, the fight still hasn`t ended- they just infuriate you don`t they?? :evil: :evil:

[AndyOrch]

Hi Rich

been following your case . If ever you needed Laiste it is now unfortunate you cant request her assistance now.You where robbed of her knowlege at your thirteenth hour lets hope she can re emerge somehow

 

Keep going you might not get Eggs Judicial Friends on your appeal/

 

 

 

 

Regards;)

[rich2568]

Hi

 

Thanks for your post.

 

Keep going you might not get Eggs Judicial Friends on your appeal/

 

What are you saying?

[AndyOrch]

you did everything Laiste advised by the book any DJ looking at the Argumenty you presented could not poss file the judgement you recieved,why? where did you go wrong ? why would you not have probabale chance to defend the claim? seems strange he/she would find in Eggs favour? You might get a more sympathetic DJ on your appeal.

 

 

 

 

Regards;)

[rich2568]

Don`t worry- I`m appealing alright!!

[Jeff2000]

Hi rich,

 

 

Good luck with the appeal!

 

 

Jeff.