Court Orders Ignored and not followed

[Jasberg]

Hello

i have been sent to the county court for a debt with hoist portfolio holding 2 ltd. I'm defending the claim, when I receive the court orders, I follow them to the letter, but the solicitor who is dealing with this hasn't followed any of it, the latest is a hearing and it was ordered that each party had to send to the court and each other a copy of all documents they are going to rely on in court by a certain date, they decided to wait for my submission first before setting anything out being over a week late, then on the same order they had to do a hearing bundle and send it to each party which also hasn't been done, and I've learnt that I have to be asked for my things to go in there and see if I want to add anything which also hasn't been done, can I get this thrown out, for not complying with the processes ?

[Diana M]

Re: Court Orders Ignored and not followed

Would I be right in thinking the solicitors are Howard Cohen if this is a Hoist claim?

The Orders you describe (Discloser and Trial Bundle) suggest this claim has been allocated to the Fast Track (or Multi Track) where the court should be tough on solicitors who don't comply with Orders.

How soon is the hearing or will there be time for you to tackle this non compliance issue?

You've obviously filed your Defence and presumably exchanged Witness Statements, so what is the claim for and how have you approached your Defence? You may be able to win on legal arguments even if the court is prepared to tolerate the other side's solicitors procedural flaws.

Di

[Jasberg]

Re: Court Orders Ignored and not followed

Would I be right in thinking the solicitors are Howard Cohen if this is a Hoist claim?

The Orders you describe (Discloser and Trial Bundle) suggest this claim has been allocated to the Fast Track (or Multi Track) where the court should be tough on solicitors who don't comply with Orders.

How soon is the hearing or will there be time for you to tackle this non compliance issue?

You've obviously filed your Defence and presumably exchanged Witness Statements, so what is the claim for and how have you approached your Defence? You may be able to win on legal arguments even if the court is prepared to tolerate the other side's solicitors procedural flaws.

Di

Hello

yes you are correct. Howard cohen, and its fast track, it's gone to a hearing and I've jumped through every hoop done done everything by the letter what they asked for.

I'm not an expert, and just head above water with it, It was an old Barclays debt Their debt collection agency (Robinson Way) sent a threatening letter out claiming that I already had a CCJ when I didn't. I've asked for things under sections 77 to 79 of the credit consumer act, and been refused.stating that it's already with their solicitors so they returned my £1 fee.

now they seem to have taken advantage and waited to see what I was going to say to counteract it instead of keeping to what the court has ordered. I've received no bundle and haven't been asked what I like in it (I've been lead to believe that I should have a say ) and have a copy.

i originally had a despite with Barclays which got me into this position as they took money out of my account without my permission through their debt collector mercers. Barclays passed my bank account details to them. (Data protection act)

I intend to tackle this non compliance in court as I have had no time at all.

so i dispute the amount and the debt.

Still trying to stay afloat.

Jason

[Diana M]

Re: Court Orders Ignored and not followed

I intend to tackle this non compliance in court as I have had no time at all.

When is the Trial date?

Di

[Diana M]

Re: Court Orders Ignored and not followed

I've asked for things under sections 77 to 79 of the credit consumer act, and been refused.stating that it's already with their solicitors so they returned my £1 fee.

It doesn't matter if they refused to comply with your s. 77-79 CCA Request because you still sent it to them even if they returned your £1 fee (which helpfully acknowledges that they received your request )

Until they do comply (if ever) the debt is not enforceable in court, never mind their lack of respect for court deadlines.

Have they sent you nothing at all in response to your CCA Request? Or have they disclosed some reconstituted effort?

Di

[Jasberg]

Re: Court Orders Ignored and not followed

Hello

all they sent was a letter tanks but no thanks. Haven't had anything since. It's been approx over 6 months or more

- - - Updated - - -

Tomorrow 1st December :tinysmile_aha_t:

[charitynjw]

Re: Court Orders Ignored and not followed

When is the Trial date?

Di

- -

Tomorrow 1st December :tinysmile_aha_t:

No pressure there, then!

& the forum is shutting down from 9pm tonight until tomorrow morning!

[Diana M]

Re: Court Orders Ignored and not followed

all they sent was a letter tanks but no thanks. Haven't had anything since.
- - - Updated - -

Tomorrow 1st December :tinysmile_aha_t:

Have they still not provided you with the Trial Bundle? If that's the case then I would ask the DJ for an adjournment at the start of the hearing. They should have sent one to the court too.

Have they filed and served a skeleton argument?

Try asking the solicitor to consent to an adjournment when you arrive at the court. I doubt they'll agree but you can at least tell the DJ you have attempted to agree to it. Ideally this should have been done by 4 pm today at the latest (as a formal application on a Form N244) so the DJ could have been given something else to do with his time tomorrow. He may take the view that since your all there he might as well get on with it.

But you could request that the DJ Adjourns the hearing and gives Directions for the Claimant to produce the CCA (and the DN and NOA if they've not been disclosed) by a certain date, and then list the hearing for the first available date after that.

Perhaps say that you intend to seek legal advice once the relevant paperwork is disclosed to be analysed. In the interests of justice you should be in a position to properly defend a claim, not hindered by the Claimant's disrespect for court procedure.

If you don't get an Adjournment granted then plough on as best you can making the point that the Claimant has not complied with your CCA Request so the DJ cannot enforce the debt.

If that gets you nowhere and you lose then ask the DJ for permission to appeal his decision before you leave the court room.

If it all goes pear-shaped then get a transcript of the hearing to see if you may have grounds to appeal.

Without seeing the papers it's not possible to make accurate suggestions. What was the original Barclays' product? A credit card, a loan or a bank account OD?

Di