Dont think the judge liked him much

[David963]

Hi,
My first post so be gentle.


Just been to court and the Judge definitely took a dislike to the Claimants representative, he even effectively called him a moaner.

Anyway my question is (prompted by the Judge noticing it) the default notice that i was served contains the wrong date. the CCA is dual signed but on different days it does state that it starts from whichever is latest, however the default notice has used the earlier date when i had not actually signed the agreement.

What are the repercussions of this?

Is there anything that i need to do?

I have to admit that i was a bit Rabbit in the headlights this morning and really was not as prepared as i should have been, the Judge adjourned for 21 daus so that the claimant can sort themselves out and get their witness to court or at least let them know he wont be there. so i know that they will likely be on me foot horse and artillery when we return.

Any assistance would be greatfully received

David

[Amy]

Re: Dont think the judge liked him much

I feel like I've landed in the middle of a thread.

What did you go to court for? Who are the claimants?

[Curlyben]

Re: Dont think the judge liked him much

however the default notice has used the earlier date when i had not actually signed the agreement.

Well that completely invalidates the default notice and hence the whole claim.
How on earth have they defaulted you BEFORE the account was opened !!!

As Amy says could we please have more details.

[natweststaffmember]

Re: Dont think the judge liked him much

David we are always gentle here, however, as its you will get the hot poker out just in case . A Warm Welcome to the forum.

[David963]

Re: Dont think the judge liked him much

The claim is by Sainsburys Bank for a loan, it is a long story that has been going on for a couple of years.

I have complained about mis-selling PPI and have finally been advised that they are looking into it and that they need 8 weeks, they have had over a year since the initial complaint but it is movement.

The default notice itself was issued after the accound was started, however, as the judge kindly pointed out, they show the wrong date for the agreement starting, it started on the 14th and they list it as the 13th, they make similar errors all over the place, the Judge told them that as it stood it would not look very good if it proceeded and the claimant asked for 14 days to resubmit its witness statement.

Where does this leave me if they do not re-issue a new default notice, if they do issue one do i not get more time to try to resolve it.

David

[Curlyben]

Re: Dont think the judge liked him much

They can't simply re-issue a new default notice as it is a legal document.
Seems the judge has rumbled their silly game and brought them to book about it.

Is this Sainsburys bringing this action or a DCA ?

[David963]

Re: Dont think the judge liked him much

It is Sainsburys Bank/Bank of Scotland et al

They are using Eversheds, they guy this morning was not a happy soul, the Judge was clearly not impressed by the "unqualified person both argumentative and a bit of a moaner"

And then he asked for costs and the judge nearly laughed, then the judge asked if i had any costs and he caught me completely off guard and stupidly i said no.

David

[Curlyben]

Re: Dont think the judge liked him much

If a judge mentions costs say YES at the normal LIP rate of £9.25 an hour
Yes, as a Litigant In Person you have costs as well.

So they have 14 days to get their collectives together, so what are your thoughts on this ?

[David963]

Re: Dont think the judge liked him much

I dont really know what to do next, if they cannot re-issue the default then it has the wrong date and does not match the agreement.
I had a lot of trouble with Sainsburys harrassing me via phone etc and while on one side i want to stick it to them if possible because of the hassle and this thing hanging over my head for the last 2 years, on the other i acknowledge that there is some money due to them and have on the bottom of every letter said that i am happy to come to an arrangement, (the judge also noted that on the court docs i had said that i wanted to try and resolve it informally or with outside assistance and they said they didn't) but i wanted them to look into the miss-sold PPI and extra charges first, a request that they have ignored along with my offer of payment.

I want to make sure that i am as organised as possible when we go back and would like to be able to quote from the good books with some confidence if they dont change the default

David

[Curlyben]

Re: Dont think the judge liked him much

Sounds like you are on the right track already and the judge sees this as well.
After all you are being reasonable and working towards the Over Riding objective ( PART 1 - OVERRIDING OBJECTIVE )
Do you know exactly how much there is in PPI and charges ?

[David963]

Re: Dont think the judge liked him much

PPI accounted for around £3500 and charges were another 300 one of the things i brought up was there "expert" evidence had the wrong figures, it hadnt noted that the insurance was a single policy which was front loaded and therefore subject to interest over the term, when i gave the correct figure the judge said "is that how much they charged you on the loan?" it accounted for nearly 35% of the total.

[Curlyben]

Re: Dont think the judge liked him much

Does the PPI include the added interest, as this is a single policy it's ALL reclaimable.

[David963]

Re: Dont think the judge liked him much

yes that was one of their problems this morning, they stated that the total cost of the PPI was 2650 and i pointed out that it was subject to interest so the true cost was actually around 3500, the judge sided with me on the language used, Eversheds rep moaned!

[Curlyben]

Re: Dont think the judge liked him much

Nice one.

Have they supplied the agreement etc ?