Court Action - Statute barred - Close to court date

[pt2537]

Hi Di,

Thank you.
The court hearing is on the 27th of Feb.
Original creditor was Tesco and a credit card.
The account was opened in 2005 and they have sent me the original agreement.
Annual notice of sums in arrears? - possibly, they occasionally send me a letter but through robinson way then cohen/hoist I'm not sure if they are annual notices of sums in arrears though.
Would there be any point in sending the s 77-79 CCS if they have already included the original agreement in their witness statement?

Out of interest what would a lawyer do? - I don't have the funds to get one but I'm interested.

What does this mean that Hoist are unlicensed?

Thank you

Hi there

If you havent sent the s78 request previously, then while its worth sending now no matter, there is a risk the creditor will try to argue that the 12 working days have not expired therefore no breach therefore no unenforceable agreement. Often people overlook this point, but there is case law from the Appeal Court that confirms if the 12 working days havent expired the agreement isnt unenforceable.

With regards to the licensing issues, ive dealt with Hoist on the lack of permission point, its quite a complicated legal point but i did post the legal points on the forum here, ill try and dig it out as it explains the issues with the FSMA 2000

ultimately, its an offence to undertake regulated activities without the correct permissions, and obviously a court cannot allow a criminal offence to be committed so if it finds they arent authorised then it could be a problem for them

[pt2537]

Hi Di,

Thank you.
The court hearing is on the 27th of Feb.
Original creditor was Tesco and a credit card.
The account was opened in 2005 and they have sent me the original agreement.
Annual notice of sums in arrears? - possibly, they occasionally send me a letter but through robinson way then cohen/hoist I'm not sure if they are annual notices of sums in arrears though.
Would there be any point in sending the s 77-79 CCS if they have already included the original agreement in their witness statement?

Out of interest what would a lawyer do? - I don't have the funds to get one but I'm interested.

What does this mean that Hoist are unlicensed?

Thank you

With regards to funds, sometimes, if the case warrants it you can get a lawyer on a no win no fee agreement or even pro bono, ive done a fair few cases probono so if the case merits it you may well be able to get someone on board to assist you

never discount the idea of instructing someone to represent you

[warwick65]

Jack- what PT says is correct but look at it this way

No reputable lawyer would tell you you have a case if you haven't and while it may cost say £500 or even £1000- I know the firm Diana M works for does fixed fee because I used them and quite possibly PT's firm does as well , if they can get you a win it is better than borrowing 4K from your parents

Just don't jump at the first lawyer you find, get quotes and look at what they offer - distance is no bar either, I am in the midlands and Jo is in scouseland (Liverpool) and it was all done via post and email with phone calls

As PT has said sometimes contents insurance can give you legal cover but check with that carefully as often they will not cover you if the event happened before the cover started

[pt2537]

Jack- what PT says is correct but look at it this way

No reputable lawyer would tell you you have a case if you haven't and while it may cost say £500 or even £1000- I know the firm Diana M works for does fixed fee because I used them and quite possibly PT's firm does as well , if they can get you a win it is better than borrowing 4K from your parents

Just don't jump at the first lawyer you find, get quotes and look at what they offer - distance is no bar either, I am in the midlands and Jo is in scouseland (Liverpool) and it was all done via post and email with phone calls

Quite, i have cases in plymouth, london, Birmingham, and as far north as yorkshire and newcastle etc, location isnt the issue.

Most lawyers will give you a first consultation for free, we do at the firm i work for and indeed most do, and there are many funding options, such as BTE insurance such as legal cover on home or contents insurance, or fixed fees, or Contingency fees or conditional fee agreements, so theres plenty of options

[jackmidnight]

Hi All,

So, the court date happened, I was unable to attend, I sent my apologies and explanation to the court beforehand.

I have been unable to get through to them to find out the outcome until today. I haven't received anything in the post yet.

They are advised me the notes say "Claim Dismissed" there was nothing more written and the person at the court on the phone said I would receive this in writing over the next couple of days.

Is this it?

Thank you

[warwick65]

It does sound like it .Wait for the paperwork.

[jackmidnight]

Thank you for your quick answer.
The court said the statement was blank and it only said Claim Dissmissed, what else could be said in the paperwork ?

[MIKE770]

official court notice

[jackmidnight]

So an official court notice saying the claim has been dissmissed? Do you mean there could be additional terms to the dissmissed claim?

[jackmidnight]

So today I have received the “General form of judgement or order”
It states:
Upon reading a letter from the Defendant and hearing Mc Cordero for the claimant.
it is ordered that.
The claim is dismissed.

There is nothing else on the document.

Could anyone advise me if this sounds like the end of it all?
Thank you

[MIKE770]

dismissed == well done

[warwick65]

Great news

[Kati]

So today I have received the “General form of judgement or order”
It states:
Upon reading a letter from the Defendant and hearing Mc Cordero for the claimant.
it is ordered that.
The claim is dismissed.

There is nothing else on the document.

Could anyone advise me if this sounds like the end of it all?
Thank you

Congrats ... you've won xx

[jackmidnight]

Thank you all so much.
Today is a huge huge day for me.
Thank you for all your help