Akiv Kapital Portfolio AS V Zaggacom

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

Hi, my application is set for a hearing at the court on 5th June, do I have to send in any documents ahead of the hearing, or do I just turn up at court with copies of my witness statement. Not sure what to do, the notice of hearing doesent say much really, it just says I should attend

any help really appreciated.

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

Not really. You could do a written skeleton argument and send ahead of time if you so desire but otherwise just turn up.

I posted this for someone else going to battle tomorrow. Should help you too.

http://www.legalbeagles.info/forums/...724#post436724

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

Hi, I have received a bundle of docs from the solicitors, including a witness statement, plus a copy of my agreement and copies of statements, they object to my application saying it is over the top for a small claims case, even though it has not yet been allocated they see no reason why it will not get allocated to the small claims track.

They now expect me to cancel the application, as they have supplied the credit agreement, i dont see what else i can do, is there any hope, can anyone give me any advise? feel a bit depressed as i have wasted £155.00 and they have come up with the documents that i was hoping they didnt have.

regards

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

Well, technically you still are out of time to enter a defence so the part of your application needs to stand. Ultimately the other part has been successful.

I see 3 ways to proceed.

1. Compose your defence quickly. Once done call the court and see if the hearing can be vacated and if they'll refund the fee. If so you can enter the defence straight away online. You could also ask the claimant for permission to file the defence to ease any potential problems.

2. Proceed as planned but tell the judge they have performed that part of your application and thus the only remaining part is the application for a new date to file your defence by and claim the costs.

3. Settle the claim with them.

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

thanks, they have advised they were willing to let me extend the defence date, so dont think that will be an issue, will have a think about it

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

Obviously your thinking should be swayed by the content of what they sent.

Also they haven't mentioned a default notice and other statutory requirements in the claim form. Is it a default or termination clause they are relying on ? (you won't know because it doesn't say !)

Also if you can get the £155 back from the court that has a rather large influence too.

M1

[ncf355]

Re: Akiv Kapital Portfolio AS V Zaggacom

Can you post up scans of the agreement etc so we can analyse?

As Mystery is alluding to, I think you're a long way from dead in the water yet

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

I will ring the court on Monday and try and get the refund, but why does it have any influence, not sure what you mean?

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

yes i will scan it in so you can see it

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

With reference to the default notice they have put the following in the witness statement.

"There is no mention of the Default Notice in the particulars of claim, purely that this is in relation to an outstanding debt and therefore there is no requirement of this to be disclosed under Part 31."

Dont know if this is true?

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

Here is the scans of the agreement hope it comes through ok

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

I will ring the court on Monday and try and get the refund, but why does it have any influence, not sure what you mean?

At the end of the day you want that £155 back. If the court offers an easy way out that is best. No point risking a dodgy judge unless you have to. Yes your application should still be viewed as a success and costs awarded to you but you pretty much have what you need in the documents and an agreement with the claimant to file a defence.

Let us know how you get on with the court and we'll take it from there.

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

When I ring the Court for a refund, what do i say, do i say that the claimant has now provided the documents now so I dont need the application hearing, but I had to issue an application otherwise they wouldnt have provided the docs, and just ask for a refund, or is there some technical argument about costs being awarded that i have to request?

regards

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

No, just say the hearing is no longer required how do i cancel it and get a refund. See what they say. As far as i know their is no automatic right to a refund but if you don't ask you don't get.

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

Hi I have contacted the court by phone and spoke to them, they are unable to refund the £155 as they say as this was paid through Moneyclaim, and a member of the Judiciary has looked at the case and decided it should be transferred, so they have put some work in so to speak, any way i have cancelled the hearing by email.

What do i do now, is there any loopholes in the credit agreement i scanned, dont know what to do now

regards