When do you admit defeat regarding a court Claim?

[Diana M]

Re: When do you admit defeat regarding a court Claim?

When you read his evidence, it makes me feel very * guilty* and my defence is entirely devoid of merit, and is liable to be struck out.!

What evidence? I thought this Order was to force disclosure (i.e. evidence).

Once there's evidence you may be able to file an Amended Defence depending on what the Claimant produces.

You're having one of those 'defeatist' moments again

Di

[Gunnerb12]

Re: When do you admit defeat regarding a court Claim?

Actually I was trying to have a sense of humour, I am in good spirits!
Kev

[Gunnerb12]

Re: When do you admit defeat regarding a court Claim?

He said, not me, that ' my defence...........struck Out!
That wasn't very nice!
I very much appreciate your help, and very upbeat.
Kev

[Diana M]

Re: When do you admit defeat regarding a court Claim?

I very much appreciate your help, and very upbeat.

That's the general idea

Di

[Gunnerb12]

Re: When do you admit defeat regarding a court Claim?

Just got in, have to go out, have had another letter from local court.
Details to follow
Regards

[Diana M]

Re: When do you admit defeat regarding a court Claim?

Just got in, have to go out, have had another letter from local court.
Details to follow

Is it goods news, bad news or no news ?

Di

[Gunnerb12]

Re: When do you admit defeat regarding a court Claim?

Dated 7 February
UPON considering the Court file;
IT IS ORDERED THAT
1) This Claim is allocated to the Small Claims Track and the parties are referred to Part 27 of the Civil Procedure Rules and the Preactive Direction of that Part for guidance on how the hearing of the claim will be conducted.
2) The claim will be heard at on a date and at a time which is set out on a notice attached to this Order, or which will be sent to you later The Court reserreserves the right to change the place and/or time of the hearing.
3) From the available paper, it is estimated that the hearing will take one hour. If a party is aware of a reason why this estimate might be substantially inaccurate, that party must notify the court immediately.
4) The parties are encouraged always to try to settle the case by negotiation. The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues.Court needs informing if case is settled
5)JUDGES directions for preparation etc
6) ---- 14) about documents etc

Had 10 minutes spare before taking young daughter out
Regards
Kev

[Gunnerb12]

Re: When do you admit defeat regarding a court Claim?

Back in
Good news, bad news, no news
Regards
Kev

[Diana M]

Re: When do you admit defeat regarding a court Claim?

So now you have a news update

The court has allocated the claim to the Small Claims Track for a hearing. This suggests that a decision has been taken that the Claimant has complied with that Order so their claim has not been struck out.

That doesn't necessarily mean that the documents they've disclosed have any weight in court, it simply implies that they sent paperwork of some sort to satisfy the Order. It will still have to stand up to scrutiny.

Earlier in your thread you've posted that you too have received documents from the Claimant so now is the time for you to assess your situation. You need to ascertain whether those documents are sufficient for the Claimant to prove their case or not.

Was there a Notice of Hearing with Directions attached to that recent communication from your local court, and if so what date is the hearing?

When was this account opened and how was it opened (i.e. bought items from a catalogue which kickstarted the account)?

Di

[Gunnerb12]

Re: When do you admit defeat regarding a court Claim?

Many thanks for post
I am on to it now
Kev

[Gunnerb12]

Re: When do you admit defeat regarding a court Claim?

Hi there
I have not had a notice of hearing, so no date at moment.
There 'evidence' is listed as EXHIBIT S101
This includes credit agreement.
Customer sign is printed below a box. Tick here and accept the agreement.
Date of signature 08/07/2012
Then a statement showing debits and credits, with items that were bought
Then a copy of a letter 16.12 14 hereby give notice of the debt due to us from you in respect of the balance
that on 5.12.2014 legally assigned to Lowell Portfolio 1 Ltd
Finally a copy introducing lowell about the outstanding debt
To be honest, is my position weaker now, hence my original title!!
Regards
Kev

[Diana M]

Re: When do you admit defeat regarding a court Claim?

Is there a Default Notice served under section 87(1) Consumer Credit Act?

I can't see it on your list of Exhibits.

Unfortunately I can't see it on the DJ's Unless Order either.

Di

[Gunnerb12]

Re: When do you admit defeat regarding a court Claim?

Here goes and thanks!!
Lovely words. Various documents-- he refers to as paginated bundle marked "S101"
I have studied his paginated bundle and there is no copy of a default notice and it is not listed under the various Particulars and Assignment of debt
The word default doesn't appear and there is definitely not a notice.
Could he have forgotten It?
Get the impression he likes a lot of his own muse. Example as follows
"The Defendant's Defence provides for no triable issues, and in the absence of any tangible evidence, holds no merit". Thanks!
A bit later in his conclusion
" The Claimant requests that the court exercise it's discretion under CPR 3.4 to strike out the Defendant's Defence as it does not disclose any reasonable grounds for defending the claim".
Regards
Kev

[Gunnerb12]

Re: When do you admit defeat regarding a court Claim?

Update
Had a satisfactory outcome, offered a Settlement, lower amount
Many thanks

[Gunnerb12]

Re: When do you admit defeat regarding a court Claim?

Have a new problem which I thought was all going to plan.
Lowells and I have a court appearance last day of July.
Have made contact with them recently, was hoping for a discount.
Brief details as follows.
DEFENDED on my wife's debt a creation credit card.
Approx 1800 POUND, initially before papers were served lowell financial offered large discount, did not reply
Ignored, so court papers, issued, served and defended. Now we are going to court.
Did make the mistake of phoning them, to see whether I could get a lower figure even with a Tomlin Order.
To no avail. Debt now 2300 they want full amount and due to wife s poor health accept 40 pound a month.
Am tempted to settle, are there any tips however that a court visit on the 31st would be beneficial.
Can I represent my wife, or is it to late? Or will there be more costs, due to them having a advocate to represent them
Not panicking, just if possible like some informed advice, before I email them on thursday.
A well structured letter, perhaps. At the end of the day my wife is happy to settle, I would like to get some discount
Thanks