Court Claim - Cabot / Lloyds - 28-9-2015

[nemesis45]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

Thanks for your kind help, nem. The date is 2 days from now. My dilemma has been that if I ask the Claimant or their Solicitors what they have done/what they are going to do - they are so disorganised that I don't want to trust them.

Am wondering if there's some way I can try to insist on the hearing going ahead and try to get it struck out that way - again?

Any thoughts would be appreciated.

:bolt::bolt:

Perhaps my suggested statement above pointing out the " unreasonable " conduct of claimant and solicitors put
to the judge may help.

nem

[Robin Hoodie]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

Many thanks, nem.

I'll write a statement and either email the court beforehand, or take it with me to the hearing.

Best Wishes,

Robin :okay:

[nemesis45]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

Many thanks, nem.

I'll write a statement and either email the court beforehand, or take it with me to the hearing.

Best Wishes,

Robin :okay:

Do Both Robin!

Good luck!

nem

[Robin Hoodie]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

Do Both Robin!

Good luck!

nem

Hi nem,
Update re: court hearing. The judge has chosen to set aside/vary the previous judgement and the documents to be provided.
I believe this includes: the assignment of debt (not the assignment), the credit agreement, and the default notice...
Although the Claimant have already had 3 months to produce documents, they asked for another 3 months - and this request was granted.
The judge also added costs.
A Case Management Hearing will be scheduled.
I have 12 days to file my defence.

I'd be extremely grateful for any suggestions from anyone about what action/s to take, and possibly about appointing legal representation, etc.

Many thanks,
Robin
:juge:

[Amethyst]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

So the judge has now, despite having previously ordered documents and the claimant failed, ordered the claimant to supply documents within three month and ordered costs against you?

Judges are a mystery.

[nemesis45]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

Hi nem,
Update re: court hearing. The judge has chosen to set aside/vary the previous judgement and the documents to be provided.
I believe this includes: the assignment of debt (not the assignment), the credit agreement, and the default notice...
Although the Claimant have already had 3 months to produce documents, they asked for another 3 months - and this request was granted.
The judge also added costs.
A Case Management Hearing will be scheduled.
I have 12 days to file my defence.

I'd be extremely grateful for any suggestions from anyone about what action/s to take, and possibly about appointing legal representation, etc.

Many thanks,
Robin
:juge:

Good morning Robin.
Responding yo your PM.

Cabot seem to be getting away lightly another 3 months to obtain documents in
lenient to say the least.

In this I agree that seeking proper legal representation is a wise move.
Did the judge ask you any questions in regard to the order he/she intended
to make?

nem

[Robin Hoodie]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

Good morning Robin.
Responding yo your PM.

Cabot seem to be getting away lightly another 3 months to obtain documents in
lenient to say the least.

In this I agree that seeking proper legal representation is a wise move.
Did the judge ask you any questions in regard to the order he/she intended
to make?

nem

Many thanks for your kind help, nem.

The judge wasn't interested in much of what I had to say.

Am considering making a without prejudice offer to settle the matter - as there's a relatively limited amount in the claim, etc.

Any links/suggestions/people to call that you can think of re: this - would be extremely helpful.

Thanks again,

Robin

[nemesis45]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

Many thanks for your kind help, nem.

The judge wasn't interested in much of what I had to say.

Am considering making a without prejudice offer to settle the matter - as there's a relatively limited amount in the claim, etc.

Any links/suggestions/people to call that you can think of re: this - would be extremely helpful.

Thanks again,

Robin

Hello Robin,

Have you had a copy of the judges order yet?
It would assist if we could see a copy please.

nem

[Robin Hoodie]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

Many thanks, nem.

Order not yet received, tho there is 12 days to file defence, so time limited...

Court advised me judge has ordered:
1. Previous judgement set aside
2. Fully particularised defence by 12 days
3. Claimant to submit documents by late April:
a) Credit Agreement
b) Default Notice
c) Notice of Assignment

Judge also added costs, tho have not yet confirmed with court exactly what this entails...

Have had v. lengthy discussion with expert rep and am considering settlement offers as mentioned.

Any help/suggestions truly appreciated.

Thanks again,

Robin

[Robin Hoodie]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

Hello Robin,

Have you had a copy of the judges order yet?
It would assist if we could see a copy please.

nem

Please see addition message above, nem.

Have now confirmed that there is no costs order mentioned on the order...

Tho the judge did say he was "adding costs"...

Any suggestions gratefully received.

Robin

[nemesis45]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

Many thanks, nem.

Order not yet received, tho there is 12 days to file defence, so time limited...

Court advised me judge has ordered:
1. Previous judgement set aside
2. Fully particularised defence by 12 days
3. Claimant to submit documents by late April:
a) Credit Agreement
b) Default Notice
c) Notice of Assignment

Judge also added costs, tho have not yet confirmed with court exactly what this entails...

Have had v. lengthy discussion with expert rep and am considering settlement offers as mentioned.

Any help/suggestions truly appreciated.

Thanks again,

Robin

Hello Robin,
I'll have a think on this and make some suggestions.
Got a very tenuous internet connection due to weather,

nem

[Robin Hoodie]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

Hello Robin,
I'll have a think on this and make some suggestions.
Got a very tenuous internet connection due to weather,

nem

Thanks so much, nem. :-)

[Robin Hoodie]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

Hi everyone,

URGENT help needed with requesting an extension to file defence.

Any help/suggestions would be truly appreciated!

Many thanks,

Robin :_thedoctor__by_GuyF

[Amethyst]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

http://legalbeagles.info/forums/show...filing-defence that should help - though not sure why you are wanting an extension at this point, they have had a lot and you have an order ( well you haven't yet but the court has MADE an order for them to produce docs by April )

ie

Court advised me judge has ordered:
1. Previous judgement set aside
2. Fully particularised defence by 12 days
3. Claimant to submit documents by late April:
a) Credit Agreement
b) Default Notice
c) Notice of Assignment

so go through this http://www.legalbeagles.info/forums/...t-Court-Claims and your defence really wants to concentrate on the failure to provide the CCA which you have already brought up in your draft defence you did for the set aside?

[Robin Hoodie]

Re: Court Claim - Cabot / Lloyds - 28-9-2015

http://legalbeagles.info/forums/show...filing-defence that should help - though not sure why you are wanting an extension at this point, they have had a lot and you have an order ( well you haven't yet but the court has MADE an order for them to produce docs by April )

ie


so go through this http://www.legalbeagles.info/forums/...t-Court-Claims and your defence really wants to concentrate on the failure to provide the CCA which you have already brought up in your draft defence you did for the set aside?

Great thanks for your kind help.

I've had some discussions with a one or two lawyers and I'm now somewhat confused as to what to do next...
I've been told the extension won't be an extension under CPR 15.5 - I think this is because an order has already been made? So, if the Claimant's solicitors agree to an extension for filing and serving defence, a consent order will need to be drafted and sent to the court. There is a court fee of £50 for this. I was advised the legal fees for drafting a Consent Order will be between £450 - £700 plus VAT - to cover drafting the Order and the related correspondence.

Very confusing, quite frankly. Any help truly appreciated!

Robin :colbert: