car2403 -v- RBS PLC (Default removal)

[patrickq1]

the main reason moon was that they had admited in writing to a libel against me,so i think this has had an effect in them not going ahead with the prosecution in 1993,also they were in breach of the contract and also frustrated the contract..thanks for the reply at least i have some pointers were to look ,no other company was involved except my solicitor was providing them with data i was unaware of at the time ,when i found out i reported it to the law society he got struck off ,because of the seriousnes and also my barristers report at the time was in their possesion for five weeks before i had knowledge,dirty tricks you would nt beleive

patrickq1

great to know you are back on line

[car2403]

STYLE FINANCIAL SERVICES LIMITED, 24/25 ST ANDREW SQUARE, EDINBURGH, EH2 1AF

Company No. SC074080

 

Can I just enter this on the N1, as it says;

 

a company registered in England and Wales or a

Limited Liability Partnership

In the case of a registered company or limited

liability partnership, you must enter the full name of

the company or partnership followed by the

appropriate suffix, i.e. Ltd, Plc, LLP. You must

provide an address, including postcode which is

either the company’s registered office or any place

of business in England and Wales that has a real,

or the most, connection with the claim e.g. a shop

where goods were bought.

 

But;

 

an overseas company (defined by s744 of the

Companies Act 1985)

You must enter the company’s full name and any

suffix if appropriate and address including postcode.

The address must either be the registered address

under s691 of the Act or the address of the place of

business having a real, or the most, connection with

the claim.

 

Is Glasgow overseas, then?

 

Also,

 

Defendant’s name and address

Enter in this box the title, full names, address and

postcode of the defendant receiving the claim form

(ie. one claim form for each defendant). If the

defendant is to be served outside England and

Wales, you may need to obtain the court’s

permission.

 

How do I obtain this permission? Would a covering letter to the Court outlining that I believe the agreement falls under English Law as I live in England and it was executed in England, so is likely that, in the formation of the contract, there is a term indicating it will be governed by English, not Scottish, Law? (I don't know if there is actually such a term, as they haven't sent the T&C's of the Contract)

[car2403]

On further reading, here;

 

PRACTICE DIRECTION – SERVICE OUT OF THE JURISDICTION. - This Practice Direction supplements Section III of Part 6

 

PART 06 - SERVICE OF DOCUMENTS

 

 

I've drafted this to go with the N1's and POC;

 

Dear Sir/Madam,

 

Request for permission to issue a Claim outside of the Jurisdiction under CPR Part 6

 

car2403 –v– Style Financial Services Limited (1st Defendant) and Triton Credit Services Limited (2nd Defendant)

 

Please find enclosed by N1 Claim Form regarding the above claim that I would like to issue via the Court.

 

As the 1st Defendant (Style Financial Services Limited) has its registered company address in Scotland, (that address being; 24/25 ST ANDREW SQUARE, EDINBURGH, EH2 1AF) I would like to apply to the Court under CPR Part 6, rule 6.20 to allow service at this address, for the following reasons;

 

1. The rule surrounding General Grounds for application (Rule 6.20(1)) applies to the Claim. (The Claim is made for a remedy against a person domiciled within the jurisdiction)

 

2. Rule 6.20(5)(a), © and (d) applies to the Claim. (The Contract was made within the jurisdiction - the Contract is, therefore, governed by English law and I believe (although the Defendant has failed to provide evidence in confirmation of, during pre-action protocols) that the Contract contains a term to the effect that the court shall have jurisdiction to determine any claim in respect of the contract)

 

I look forward to hearing from you in due course and I enclose a Claim Form for each Defendant, along with copies of detailed Particulars of Claim for each party, including the Court itself.

 

Yours faithfully,

[car2403]

N1's in the post to my local Court today, with the covering letter attached. (Hopefully that's the right thing to do)

[patrickq1]

i have to beg your forgiveness moon,i have just received the deed of asignment?well after all these years it turns out it is a contract named THIS LEGAL MORTGAGE so it was not an asignment after all i got the document this weekend from my ex solicitor who was struck off so i have heard nothing from the bank until two months ago and that is the first comunication they have made since 1992/oct that years so i am wondering where i stand

patrickq1

Another point just came to mind Patrickq ... if the assignment was not "absolute" the assignee in their own could not have brought an action in court against you. Either the OC has to do it or be included in the proceedings. So I would look into the nature of the assignment and the name on the claim when the charge was applied for... i am hoping to be corrected by someone with more knowledge of law if I am not correct

 

Best Wishes

MoonHawk

[car2403]

N1's in the post to my local Court today, with the covering letter attached. (Hopefully that's the right thing to do)

 

Notice of issue received today;

- Issued = 11 December

- Date of Service = 13 December

- Response required by = 27 December

 

That must have been the right process to follow to issue this, then

[patrickq1]

i am sorry for butting in on your thread car my apoligies

patrickq1

[car2403]

Acknowledgement of Service received from Style. Nothing yet from Triton.

[car2403]

I'm having some interesting times on this claim - I can't say more at this stage, but suffice it to say that it's progressing nicely at the minute...

[Nick W]

One question, do all the default removals get allocated to Small Claims Track?

 

I would have thought maybe the Defendant would have tried to push Fast Track?

 

Nick

[car2403]

One question, do all the default removals get allocated to Small Claims Track?

 

I would have thought maybe the Defendant would have tried to push Fast Track?

 

Nick

 

Not necessarily - excuse me for not typing this out again, as I've answered a similar question over on my Barclays thread;

 

The amount that "decides" which track your claim ends up on depends on several factors - only 1 of which is the value of the claim. Other factors taken in to consideration is whether the law is "clear" and "good" and whether there is sufficient precedant for the claim to be heard in the small claims track. IMHO, an Act of Parliament enacted since 1974 and more recent binding precedant of both the House of Lords and the Court of Appeal (Civil Division) fit this criteria.

 

The value of your claim is the amount you are claiming against the Defendant - in my claim, I'm arguing they've rescinded on their contract (which means I shouldn't have to pay £1,200 in overdraft balance and £1,800 in personal loan balance) and caused me damage by Defaulting/Terminating the account unlawfully. As I'm "claiming" for Default removal (which has no monetary value) and damages, (a £1,000 value using the precedant I have) the value of the claim is only £1,000. Even if I'd included Bank charges (which I've already recovered in a previous claim) that would still make it less than £2k.

 

I reckon the Bank will try to argue this should be heard on the Fast Track, as they will want to be able to recoup their costs (if they win, which won't happen!) and want to intimidate me in to withdrawing - the Fast Track isn't really that much different to the Small Claims Track, from what I've seen, just the risk is bigger. I think you'll agree I've got little to lose here though either way.

[ncf355]

Hi Nick,

 

Defendant could try but I would say it would be unlikely

 

The law surrounding this is, by comparison to may issues, quite direct and simple

 

This is what the courts would look at, and if the Claimant had set the POC out in clear simple language it would be obvious the Bank would be using the threat of FT as intimidation

[car2403]

I'm having some interesting times on this claim - I can't say more at this stage, but suffice it to say that it's progressing nicely at the minute...

 

Just in case this goes pearshaped, I'm sending a complaint to the ICO as they haven't responded to my DPA SAR sent 19/11/07 with confirmed delivery of 21/11/07, as they are in breach of the 40 day period to respond now.

 

There are 2 complaints - 1 for Style and 1 for Triton.

 

I'm also sending both LBA's regarding DPA SAR enforcement, in case I need to take further action at a later date.

[car2403]

I'm having some interesting times on this claim - I can't say more at this stage, but suffice it to say that it's progressing nicely at the minute...

 

Thought I wasn't going to get anywhere initially, as they stuck to their version of events initally by Defending.

 

The claim will now be withdrawn as there's no need to carry on now...

 

SUCCESS!

[pt2537]

EXCELLENT RESULT CHRIS

 

im pleased you got this sorted without the need for a court hearing

[MARTIN3030]

Congratulations.Not an easy one but perseverence has won through.Well done.

[Josie8]

:d

[MARTIN3030]

One point worth mentioning....its been asked about the track for these claims.A judge has the powers to award compensation under breaches of the data protection act.

When filing the NI simply fill in the box at the end "I do not know the total amount being claimed but the figure is under £5000." This is what I was told to do by my court manager.

[itsamomentintime]

car2403 can you go into a bit more detail about what happened?

[car2403]

I can't post more than that I have already have posted, itsamomentintime - or, rather, I can't without creating further problems for myself.

 

Suffice it to say this is no longer an issue.

[Dipply75]

subbing as their is so much useful info here for my fights

 

Thanks LOADS CAR2403