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Capquest Summons court claim received - SUCCESS !

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  • #121
    Re: Capquest Summons received - VIP

    Originally posted by mystery1 View Post
    Even recorder Monty would find it hard to grant relief from sanctions !

    It wouldn't survive on appeal if the needle is found in the haystack, in my opinion.

    M1
    I think it would get appealed too, especially given the revelation about the lack of a signed agreement.
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.
    • 1 thank

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    • #122
      Re: Capquest Summons received - VIP

      Ha, i never got to the stage where the evidence in the actual case mattered.

      M1
      • 1 thank

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      • #123
        Re: Capquest Summons received - VIP

        Originally posted by mystery1 View Post
        Ha, i never got to the stage where the evidence in the actual case mattered.

        M1
        It matters because they cannot overcome the procedural breaches that arises out of the point. If they accept the facts as they are, and they are irrefutable, then they are by virtue accepting they never complied with the unless orders. seems a major problem for them.
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.
        • 1 thank

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        • #124
          Re: Capquest Summons received - VIP

          Originally posted by pt2537 View Post
          It matters because they cannot overcome the procedural breaches that arises out of the point. If they accept the facts as they are, and they are irrefutable, then they are by virtue accepting they never complied with the unless orders. seems a major problem for them.

          Good point. I was just going on the fact they didn't comply with the rule and again with the Judges unless order which meant they needed relief from sanctions. In light of the cases in relation to Mitchell i'd have said win. Enhancing this can never be a bad thing though.

          As another point, which i guess you'll have noted, the actual relief from sanctions cannot come before the sanctions take effect. What they needed to do was vary the order which i read on one of Gordon Exalls blogs

          M1
          • 1 thank

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          • #125
            Re: Capquest Summons received - VIP

            Originally posted by mystery1 View Post
            Good point. I was just going on the fact they didn't comply with the rule and again with the Judges unless order which meant they needed relief from sanctions. In light of the cases in relation to Mitchell i'd have said win. Enhancing this can never be a bad thing though.

            As another point, which i guess you'll have noted, the actual relief from sanctions cannot come before the sanctions take effect. What they needed to do was vary the order which i read on one of Gordon Exalls blogs

            M1
            As Confucius say " dont piss in the wind or you get wet trousers"

            And its a windy day for the Claimant!!
            Last edited by pt2537; 21st January 2014, 23:08:PM.
            I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            If you need to contact me please email me on Pt@roachpittis.co.uk .

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

            You can also follow my blog on consumer credit here.
            • 1 thank

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            • #126
              Re: Capquest Summons received - VIP

              'twas here. http://www.litigationfutures.com/new...rd-line-relief

              Discussing http://www.bailii.org/ew/cases/EWCA/Civ/2014/15.html.

              M1
              • 2 likes

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              • #127
                Re: Capquest Summons received - VIP

                Im hoping that Wally will be ok with me doing a blog on this case , obviously identities kept private but the facts of the case etc and the basics of an application for an unless order etc.

                The more we share the more people will be able to use the rules to their advantage and level the playing field.
                I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                If you need to contact me please email me on Pt@roachpittis.co.uk .

                I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                You can also follow my blog on consumer credit here.
                • 4 likes

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                • #128
                  Re: Capquest Summons received - VIP

                  Well, what can i say. Actually very little but im sure Wally will be along soon to update.
                  I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                  If you need to contact me please email me on Pt@roachpittis.co.uk .

                  I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                  You can also follow my blog on consumer credit here.
                  • 3 likes

                  Comment

                  • #129
                    Re: Capquest Summons received - VIP

                    Whilst we're waiting you could answer your emails:whistle:

                    I'm offering you some Drysden/Cabot money since you'd get more of it than i will

                    M1

                    Comment

                    • #130
                      Re: Capquest Summons received - VIP

                      Hi

                      Firstly the claimant has decided to.....

                      In there words "We confirm our intention to discontinue with our claim and AVOID the hearing listed on so and so date ... blah blah blah"

                      Actually I am still in shock.

                      Pt2537 if you so wish please feel free to comment on this success.

                      Thanks

                      Wally
                      • 1 thank

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                      • #131
                        Re: Capquest Summons received - VIP

                        Originally posted by Wally View Post
                        Hi

                        Firstly the claimant has decided to.....

                        In there words "We confirm our intention to discontinue with our claim and AVOID the hearing listed on so and so date ... blah blah blah"

                        Actually I am still in shock.

                        Pt2537 if you so wish please feel free to comment on this success.

                        Thanks

                        Wally

                        Love it

                        Wally can you Scan the thread and see if anything needs deleted so we can get this thread made public again if that's ok.

                        M1
                        • 3 likes

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                        • #132
                          Re: Capquest Summons received - VIP

                          Hi M1

                          Pretty sure nothing on there that needs deleting. Will have a look and come back

                          Wally
                          • 2 likes

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                          • #133
                            Re: Capquest Summons received - VIP

                            Originally posted by mystery1 View Post
                            Whilst we're waiting you could answer your emails:whistle:

                            I'm offering you some Drysden/Cabot money since you'd get more of it than i will

                            M1
                            sorry bud thought i had replied. I remember seeing the email on the train home. will get back to you soon, been very busy as you can see lol
                            I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                            If you need to contact me please email me on Pt@roachpittis.co.uk .

                            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                            You can also follow my blog on consumer credit here.

                            Comment

                            • #134
                              Re: Capquest Summons received - VIP

                              Originally posted by pt2537 View Post
                              sorry bud thought i had replied. I remember seeing the email on the train home. will get back to you soon, been very busy as you can see lol
                              It's ok. It's not like i can't do it myself. I just want them to pay as much as possible for their stupidity.

                              M1
                              • 1 thank

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                              • #135
                                Re: Capquest Summons received - VIP

                                I think the best part of the letter was " the Claimant has no appetite to continue"

                                Im going to blog on this as soon as i can but i have a number of other matters i have to deal with soon too.
                                I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                                If you need to contact me please email me on Pt@roachpittis.co.uk .

                                I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                                You can also follow my blog on consumer credit here.
                                • 3 likes

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