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Summary Judgement process

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  • Dottylotty
    started a topic Summary Judgement process

    Summary Judgement process

    I'm still going around in circles pulling my hair out.

    The Claimant has filed for a Summary Judgement on a debt, unfortunately I didn't know of this site until after I had filed my initial defence which was very brief basically just stating I had no knowledge of the debt and could I be supplied with a copy of the agreement.

    Case stayed for 7 months.

    Claimant had sent me a copy of an agreement within the stay period but it was not in the same name as mentioned on the original claim eg different original creditor. The claimant then obviously filed for a Summary Judgement.

    In brief, the agreement appears unenforceable and the company named on the agreement was dormant at the time they entered into the agreement with me (reconstituted agreement, not signed, dated etc), they had been dormant for sometime! So I think that in itself renders the agreement void.

    So do I get to submit evidence (witness statement) when a case hearing date is fixed or not? Ive looked through the procedure and it does seem to say I can provide a witness statement but Ive had conflicting advice that I've already submitted my defence even though this was before I had the actual credit agreement right at the start of the claim.

    I have no knowledge of court protocol and have been willy nilly copying in the court on correspondence (complaints to the solicitor, claimant, FO and CSA). I know some of this correspondence has been filed with the case papers because I spoke to someone at the court. The case is actually on hold because the claimant reacted when I filed the complaint to the FO. It has been referred to the company who sold the debt (a company that was a separate entity but related to the dormant company who has since been dissolved).

    Ive looked at using a solicitor to represent me (they have stated I have a good defence on quite a few accounts), its definitely the easy option but I dont want to be in a situation where I agree to be represented and then the claimant decides to withdraw the case. I have sent an email to the claimants solicitor stating they have a duty to inform HMRC and CH if as their evidence states the original loan company entered into a credit agreement with me because they have filed dormant accounts for many years so should not be trading. I would state having done some research the dormant company have also entered into other credit agreements (including a case on here)but refused to send out the credit agreement and have therefore written off the debt. I think they thought I was thick and would not react to the Summary Judgement request and would not notice the name on the credit agreement.

    My mental capacity is zilch at the moment, I'm exhausted at trying to let the court see evidence that I can defend the case. I cant really afford to employ the solicitor to represent me (they have been fab)but it maybe my only option. Will the judge see that the Credit Agreement is in a different name to what is mentioned on the original claim etc or will he just see the trading style and make an assumption? Ive filed enough emails with the court but I assume they don't look at them?

    Is it possible to get a written opinion on the agreement (I'm certain its unenforceable)?

    Just looking for a hand hold and advice...


    Tags: None

  • echat11
    replied
    Well done, a good result.

    Leave a comment:


  • Dottylotty
    replied
    I just thought I would write a quick update on the forum. On the 6th December I finally decided to engage solicitors because I felt that I had a strong case but I was completely out of my depth in terms of defending myself against the summary judgement. The solicitors were brilliant and I handed everything over to them on the 7th December and received a confirmation email a day later advising me the action they had taken. Last week I received a email updating me on the case where the Claimant had requested that the case be dismissed and each party pick up their own costs. This was turned down with my authority and yesterday I am pleased to say that the Claimant advised the court to dismiss the case and agreed that they would pay all the application and my costs.

    So, it seemed that the odds were all against me but with the wonderful help of specialist solicitors (who I would be happy to recommend to anyone), the case is dismissed and I'm not out of pocket.

    Leave a comment:


  • Dottylotty
    replied
    Celestine How do I email you pt2537 - I have emailed you.

    Leave a comment:


  • pt2537
    replied
    Indeed, without an N244 youre dead in the water. The application must also comply with the requirements of CPR 24 and PD24, there are requirements to state various pieces of information that must also be stated such as drawing attention to CPR 24.5(1) so its of the utmost importance.

    Leave a comment:


  • Celestine
    replied
    All applications require an N244 if you want the court to do something specific. You can submit a Witness Statement with your N244 and a Draft Order requesting X,Y,Z but as you've got a summary judgment hearing coming up, that can also address these issues? When is that?
    I'm happy to look at witness statements as well as agreements if that will help.

    Leave a comment:


  • Dottylotty
    replied
    Sorry to post yet again.

    I think the confusion I have was that I did approach a firm with regards to advice on this claim.

    Now I think a N244 would have been necessary if they were acting on my behalf but I have chosen to go alone because I think the case is black and white. The Particulars of Claim are untrue and a dormant company cannot enter into a credit agreement the particulars of claim relate to a completely different legal entity. Therefore am I correct in thinking that submission of a witness statement will be OK?

    That said am I allowed to ask the judge to make orders on my witness statement? A default was registered against me what reasonable compensation can be requested for this?

    The case is on hold with the Claimant whilst they investigate my complaint, what reasonable time would you expect the Claimant to give me in terms of lifting the case off hold and sending me the findings of my complaint. eg If the listing of the case is for 14 days time, would it be considered fair that I have not received notification that the Claimants hold on the case has or has not been released.

    What is the best way to file a Witness Statement in terms of ensuring it is with the Judge.

    Leave a comment:


  • Dottylotty
    replied
    Thank you for responding Celestine. Apologies I don't think I need the agreement vetted now because the agreement is actually void. I am acting for myself but I could do with my witness statement being looked at (off forum). Both are being dealt with at the same time. I cant understand the difference between submitting an N244 and submitting a witness statement

    Leave a comment:


  • Celestine
    replied
    Ok - I will try my best. Sorry I didnít see this till now.

    Firstly, yes you will be given an opportunity to submit a witness statement for the set aside/summary judgment hearing. Iím assuming both are being dealt with at same time if itís been stayed 7months?
    You can either upload a redacted copy of the agreement here on your thread or you can email it to me at admin@legalbeaglesgroup.com but we do ask that you make a forum donation if you opt for detailed email feedback on enforceability.
    Is your solicitor a CCA specialist?
    Is the case under 10k?

    Leave a comment:


  • Dottylotty
    replied
    More questions, can you email the N244 to a court?

    is there anyway that costs can be reclaimed if a claimant withdraws. I have complained to the FO, so I assume I could potentially make a claim outside of the court?

    Leave a comment:


  • echat11
    replied
    Celestine Can you please take a look and advise, many thanks.

    The other thread is here -

    https://legalbeagles.info/forums/for...-defence-claim

    Leave a comment:


  • Dottylotty
    replied
    Sorry to chase up but I'm in need of urgent advice. Could someone please explain why I need to lodge a N244, application notice to change my defence when I can submit a witness statement 7 days prior to the hearing?
    Last edited by Dottylotty; 3rd December 2021, 17:11:PM.

    Leave a comment:


  • echat11
    replied
    Originally posted by Dottylotty View Post
    Apologies I am a bit of a headless chicken at the moment and I just thought it was a different question.
    What happens you lose the background, what members has already advised. The lengthy post would be shorter as you aren't providing the same information again.

    Hopefully R0b can take a look and advise.

    Leave a comment:


  • Dottylotty
    replied
    Apologies I am a bit of a headless chicken at the moment and I just thought it was a different question.

    Leave a comment:


  • echat11
    replied
    I'm not sure why you've started a new thread, there's plenty of space on the other one.

    https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

    R0b Can you please take a look and advise, many thanks.

    Leave a comment:

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