Swift Advance After Repo

[sofi3353]

Re: Swift Advance After Repo

What I am saying is if sofi gets her stay ...............not to hand Determineds Defence
because
1. There will be nothing to defend.
2 Once sofi gets her SAR info Determineds defence will be able to be amended
3 She hands in her application first and only hands in her Defence if the application is refused
In any fight you do not use Plan B at the same time as plan A
Sparkie

hi Sparkie & Determined

i have just recieved an email and letter from the solicitor....
have emailed it to you Sparkie
have a read and let me know what you think

i have waited almost a week for the solicitor to get back to me and i still dont know if hes going to represent me

[meellis]

Re: Swift Advance After Repo

Totally understand your reasoning Sparkie, was just mentioning that you and determined need to be singing off of the same sheet to reduce any confusion.

[Sparkie1723]

Re: Swift Advance After Repo

Just an observation guys so it is understood, Sparkie seems to be saying only hand in the documents if the case goes ahead and DT seems to be saying hand them in regardless. I am of the belief they should just be handed in because it sounds like the hearing will be the time you will discuss an adjournment and the documents might strengthen the argument for the adjournment. Just my thoughts, all will be ok.

What I am saying is if sofi gets her stay ...............not to hand Determineds Defence
because
1. There will be nothing to defend.
2 Once sofi gets her SAR info Determineds defence will be able to be amended
3 She hands in her application first and only hands in her Defence if the application is refused
In any fight you do not use Plan B at the same time as plan A
Sparkie

[sofi3353]

Re: Swift Advance After Repo

Just an observation guys so it is understood, Sparkie seems to be saying only hand in the documents if the case goes ahead and DT seems to be saying hand them in regardless. I am of the belief they should just be handed in because it sounds like the hearing will be the time you will discuss an adjournment and the documents might strengthen the argument for the adjournment. Just my thoughts, all will be ok.

tnx Meelis.....

- - - Updated - - -

Hi Sofi

We will go through the documents together, when you have them in the morning.

try not to worry. It is a straight forward argument we are trying to convey.

I am confident you will understand it.

i think the Judge is expecting to see something about the charges and is expecting Swift to give detail.

Your document has something to say about charges and if the Judge agrees that there is some merit in your observations you are asking for a lengthy adjournment to better explore and articulate the point you are making and the get a legally qualified person to do it for you.

Regards

Determined.

thank you Determined

[meellis]

Re: Swift Advance After Repo

Just an observation guys so it is understood, Sparkie seems to be saying only hand in the documents if the case goes ahead and DT seems to be saying hand them in regardless. I am of the belief they should just be handed in because it sounds like the hearing will be the time you will discuss an adjournment and the documents might strengthen the argument for the adjournment. Just my thoughts, all will be ok.

[Determined]

Re: Swift Advance After Repo

will do Sparkie

i will have to go through them in order to understand my defence

just 1 thing what if the judge approves my application then do i still need to hand in the documents that Determined has sent?

Hi Sofi

We will go through the documents together, when you have them in the morning.

try not to worry. It is a straight forward argument we are trying to convey.

I am confident you will understand it.

i think the Judge is expecting to see something about the charges and is expecting Swift to give detail.

Your document has something to say about charges and if the Judge agrees that there is some merit in your observations you are asking for a lengthy adjournment to better explore and articulate the point you are making and the get a legally qualified person to do it for you.

Regards

Determined.

[Sparkie1723]

Re: Swift Advance After Repo

will do Sparkie

i will have to go through them in order to understand my defence

just 1 thing what if the judge approves my application then do i still need to hand in the documents that Determined has sent?

No keep them back and don't give the Dentons solicitor we can make it a lot stronger later on ready for the hearing date the judge will set ...........that will after you get your SAR documents.
Sparkie

[sofi3353]

Re: Swift Advance After Repo

You are welcome sofi........as I said in my e-mails in case you do have to attend on Wednesday...........Take the 3 copies of Determineds presentation as your Defence.......... give one to the Court usher to give the Judge ( get there as early as you can) and give one to Swifts solicitor when he/she arrives and tomorrow spend your time reading digesting and fully understand what he is putting across, and I think Swift/Dentons will be in a little bit of a corner. Especially if the Judge assists you as he should under CPR 1 and is fair minded.
Don't forget to sign in with the Court
Sparkie

will do Sparkie

i will have to go through them in order to understand my defence

just 1 thing what if the judge approves my application then do i still need to hand in the documents that Determined has sent?

[Sparkie1723]

Re: Swift Advance After Repo

that means alot Sparkie
thank you so much

You are welcome sofi........as I said in my e-mails in case you do have to attend on Wednesday...........Take the 3 copies of Determineds presentation as your Defence.......... give one to the Court usher to give the Judge ( get there as early as you can) and give one to Swifts solicitor when he/she arrives and tomorrow spend your time reading digesting and fully understand what he is putting across, and I think Swift/Dentons will be in a little bit of a corner. Especially if the Judge assists you as he should under CPR 1 and is fair minded.
Don't forget to sign in with the Court
Sparkie

[sofi3353]

Re: Swift Advance After Repo

I wish I lived nearer sofi I would try my utmost to attend with you to give you some support and further assistance but I just can't be there for personal reasons.
Sparkie

that means alot Sparkie
thank you so much

[Sparkie1723]

Re: Swift Advance After Repo

hope so Sparkie but am so worried and nervous about what may happen if the application is refused

I wish I lived nearer sofi I would try my utmost to attend with you to give you some support and further assistance but I just can't be there for personal reasons.
Sparkie

[sofi3353]

Re: Swift Advance After Repo

Hullo again Diana,
The other side has refused to agree to a stay/adjournment that is why sofi made the application with a statement of case and all supporting docs of the reasons for the application and asked for it to be placed before the judge without a hearing.

She has a back up plan ( A Defence) should the application be refused. We are hoping she will have the stay granted based on the attached exhibits to the application.
If not she will be attending the hearing on Wednesday. We have done our best in the short time we had to try and help her, its in the Lap of the GODS.........and I don't meant Zeus , Odin and Thor ...I mean the ones that sit "on thrones" in this country
Sparkie

hope so Sparkie but am so worried and nervous about what may happen if the application is refused

[Sparkie1723]

Re: Swift Advance After Repo

Hullo again Diana,
The other side has refused to agree to a stay/adjournment that is why sofi made the application with a statement of case and all supporting docs of the reasons for the application and asked for it to be placed before the judge without a hearing.

She has a back up plan ( A Defence) should the application be refused. We are hoping she will have the stay granted based on the attached exhibits to the application.
If not she will be attending the hearing on Wednesday. We have done our best in the short time we had to try and help her, its in the Lap of the GODS.........and I don't meant Zeus , Odin and Thor ...I mean the ones that sit "on thrones" in this country
Sparkie

[sofi3353]

Re: Swift Advance After Repo

It seems you made an application for an adjournment of the hearing and/or a stay of the proceedings. That application has to be decided by a DJ with the other party present so that they can object to any adjournment/stay and give the court their reasons.

There's a DJ ready and available for the hearing on Wednesday so that's the obvious time to hear your application.

If your application (to adjourn the hearing) is granted then you get to go home again after the DJ decides the next step.

If your application is unsuccessful then the hearing continues to decide whatever was planned to be argued before you made your application.

An application is only a request for something which can be accepted or denied by the court.

(Have you served a copy of your application on the other side?)

Di

i understand now Di

thank you

i suppose i just have to keep my fingers crossed and pray it goes my way

[Diana M]

Re: Swift Advance After Repo

N244 has been submitted

will still have to attend the hearing on wednesday because most likely it will be dealt with on the day

1 thing i dont understand is that i thought the whole point of submitting the N244 was so that there will be no hearing on wednesday

It seems you made an application for an adjournment of the hearing and/or a stay of the proceedings. That application has to be decided by a DJ with the other party present so that they can object to any adjournment/stay and give the court their reasons.

There's a DJ ready and available for the hearing on Wednesday so that's the obvious time to hear your application.

If your application (to adjourn the hearing) is granted then you get to go home again after the DJ decides the next step.

If your application is unsuccessful then the hearing continues to decide whatever was planned to be argued before you made your application.

An application is only a request for something which can be accepted or denied by the court.

(Have you served a copy of your application on the other side?)

Di