Idem Capital Securities vs MadMac (Court Claim)

[MadMac]

Re: Idem Capital Securities vs MadMac (Court Claim)

Thank you M1,

Your link was very helpful.

[MadMac]

Re: Idem Capital Securities vs MadMac (Court Claim)

Ok,

I have to make a move this week basically as my deadline is approaching.

I'd like to attempt the route of an unless order but I would prefer not to atttend a hearing as I work fixed shifts (leave is built in and cannot be changed.) I also have 2 young children to care for when I'm not at work. Plus I'm not the worlds best speaker (better at writing.) Also the cost of a hearing is prohibitive.

I've started drafting a defence just to keep my options open but will only use this as a last resort over the above option.

What are the consequences of an application for an order being rejected? (Obvioulsly my defence deadline will have passed.)

I'm very aware that the clock is ticking.

Thanks

[mystery1]

Re: Idem Capital Securities vs MadMac (Court Claim)

The consequences of the application going wrong without a hearing could be that the judge rules against your application. If this happens he will give a new date for filing a defence but not an unless order for disclosure and you will get no costs. The opponent would have no costs as they wouldn't be at the hearing.

A judge can give judgement against you at this point however i would be astounded if that happened at a without hearing application as there can be no way that the merits of any possible defence can be known or tested.

A good application should succeed but if a judge starts to wander you can't redirect them and it's easier to go off piste when you don't have to look someone in the eye. This is especially true of a judge who has a "filthy debtor" mindset.

M1

[MadMac]

Re: Idem Capital Securities vs MadMac (Court Claim)

This is especially true of a judge who has a "filthy debtor" mindset.

M1

I don't know what you mean M1, judges are impartial and rely only on the facts don't they?

Earlswood solicitors have now received 2 CPR 31.14 requests by post and I have emailed them and Idem Servicing today for good measure. - No reply to anything!

I'm just about to finish the N244 docs and they'll be going off by special delivery.

A couple of things.. I presume the draft order and witness statement need my local court address in the top left NOT Northampton?

Do I need to copy any of the N244 request to the Claimant?

Thanks

[mystery1]

Re: Idem Capital Securities vs MadMac (Court Claim)

I don't know what you mean M1, judges are impartial and rely only on the facts don't they?

Allegedly.

I presume the draft order and witness statement need my local court address in the top left NOT Northampton?

Leave as Northampton.

Do I need to copy any of the N244 request to the Claimant?

Not really although good manners. In fact it's always good to ask the opponent to consent to it but unsual that any would consent to an order that binds them to severe consequences like a strike out.

M1

[MadMac]

Re: Idem Capital Securities vs MadMac (Court Claim)

Once the N244 docs are in the post, do I just phone the court and ask to pay the application fee?

[mystery1]

Re: Idem Capital Securities vs MadMac (Court Claim)

Yes, but make sure payment arrives first to avoid any complications.

M1

[MadMac]

Re: Idem Capital Securities vs MadMac (Court Claim)

Right, the N244 bundle was sent by special delivery yesterday and will be with the court by 1pm today. I've just phoned the court and made the payment.

I feel like a weight's been lifted even at this stage.

Fingers and toes are all crossed.

Just to be clear, I don't have to update my case on the MCOL website in any way do I?

Many thanks for your assistance so far!

[Amethyst]

Re: Idem Capital Securities vs MadMac (Court Claim)

No you needn't do anything with MCOL. Just wait now to hear from the court regarding next steps.

The Court will note receipt of the application and that would be a barr to the claimants entering default judgment.

[MadMac]

Re: Idem Capital Securities vs MadMac (Court Claim)

Update...

I have received a reply to my email from Earlswood Solicitors which I sent first thing on the 28th and as they didn't reply all day I sent the N244 at the end of day. 3 days later they have decided to reply asking for an extension of 2 weeks to find the docs.

This is what they have written...

"Our Client has requested documentation as you have requested and we have
been advised that this can take 2 weeks to receive. We will hold further
proceedings until we are
in receipt of the documentation."

What should I do now? Obviously the N244 is with the court.

Your thoughts please?

Thanks

[mystery1]

Re: Idem Capital Securities vs MadMac (Court Claim)

Ignore them. The hearing will be after this anyway.

M1

[MadMac]

Re: Idem Capital Securities vs MadMac (Court Claim)

It's been just over a month since I submitted my applictation to the court and I haven't heard a thing back.

I haven't even had a confirmation letter from the court.

Can somebody let me know if this is normal please or what the usual timescales are?

Thanks

[mystery1]

Re: Idem Capital Securities vs MadMac (Court Claim)

The court are a mystery. I'd phone them and check.

M1

[MadMac]

Re: Idem Capital Securities vs MadMac (Court Claim)

Update...

I phoned the court and was told that it was still being processed. That was over a month ago now and I still haven't heard anything.

Today I received a letter from Arden dated 27th June stating that Wescot credit services will be collecting on behalf of Idem Servicing and that if I dont want this to happen I should call within 5 days. (clever with their dates!)

I don't have a clue where I stand now? - Is court still on the cards?

Are they allowed to do this?

Any advice would be appreciated at this point please?

[MadMac]

Re: Idem Capital Securities vs MadMac (Court Claim)

I've just phoned the court and it's been passed to the DJ for the last month according to the court assistant. They've put a query on my file as to why it's taking so long.