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  • #31
    di@joannaconnollysolicitors.co.uk contact Di urgently
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #32
      Originally posted by redman View Post

      DJ lifted the Stay on the case but refused the Application for Summary Judgment given that he could see there was a dispute as well as their being no Notice of Assignment. Case to be heard via Small Claims with Standard Directions
      It's good to hear the DJ didn't grant the Summary Judgment, but pity he didn't dismiss the claim at the same time.

      Now you're faced with the next stage.

      Did you seek permission to file an Amended Defence?

      Di

      Comment


      • #33
        Originally posted by Diana Mayhew View Post

        It's good to hear the DJ didn't grant the Summary Judgment, but pity he didn't dismiss the claim at the same time.

        Now you're faced with the next stage.

        Did you seek permission to file an Amended Defence?

        Di
        No I didn't Di - the DJ said that the lack of the NOA was quite key as well as they were seeing a lot of this type of case. He didn't have my Witness Statement until I gave him it so just really had a quick look through it. I didn't ask about Amending the Defence, I did point out that I didn't have a copy of my Defence or the POC due to the length of time of Stay. It was good to see the representative of Blake Morgan squirming when trying to explain the length of the Stay & after 5 mins of waffle the DJ turned around & said well that didn't really explain it.
        Last edited by redman; 8 April 2019, 14:38.

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        • #34
          I'm really glad to hear that the judge didn't grant the summary judgement in this case

          How you handle this going forward is so important

          Given the complexity and the delicate nature of the next stages and the need to get this absolutely right.........My advice to you would be to Contact Diana Mayhew by email on the following email address: di@joannaconnollysolicitors.co.uk

          If you contact Di by email, She will be able to give you free initial legal advice

          Send her a quick email and I am sure she will be able to help you get this next stage in order to give you the best chance of beating this

          It would be 5 minutes well spent


          Last edited by Spud; 4 April 2019, 21:16.
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment


          • #35
            Originally posted by redman View Post
            No I didn't Di - the DJ said that the lack of the NOA was quite key as well as they were seeing a lot of this type of case. He didn't have my Witness Statement until I gave him it so just really had a quick look through it. I didn't ask about Amending the Defence, I did point out that I didn't have a copy of my Defence or the POC due to the length of time of Stay. It was good to see the representative of Blake Morgan squirming when trying to explain the length of the Stay & after 5 mins of waffle the DJ turned around & said well that didn't really explain it.

            You got lucky that the DJ allowed you to submit your Witness Statement after the court deadline, and you got lucky that the Claimant's legal representative didn't oppose your late filing of evidence at the Hearing (assuming the previous Order was explicit). I would have objected if I'd been in their shoes

            Unless the DJ reserved the case to himself (did he?) don't assume you'll get lucky next time. Maybe he kicked it into the long grass to avoid making a decision?

            It seems from what you say that the DJ may have side-stepped the situation (refused the Summary Judgement Application) so that you now have to deal with the original claim against you. From what you have said your Defence is not sufficient to defend the next round.

            You may need to amend your Defence which will need permission from the court (an Application which can be contested). You admit you didn't ask for that at the Hearing. I think I suggested you should have done that.

            What are the Directions which have been ordered?

            Di

            Comment


            • #36
              Originally posted by Diana Mayhew View Post


              You got lucky that the DJ allowed you to submit your Witness Statement after the court deadline, and you got lucky that the Claimant's legal representative didn't oppose your late filing of evidence at the Hearing (assuming the previous Order was explicit). I would have objected if I'd been in their shoes

              Unless the DJ reserved the case to himself (did he?) don't assume you'll get lucky next time. Maybe he kicked it into the long grass to avoid making a decision?

              It seems from what you say that the DJ may have side-stepped the situation (refused the Summary Judgement Application) so that you now have to deal with the original claim against you. From what you have said your Defence is not sufficient to defend the next round.

              You may need to amend your Defence which will need permission from the court (an Application which can be contested). You admit you didn't ask for that at the Hearing. I think I suggested you should have done that.

              What are the Directions which have been ordered?

              Di
              Hi Di,

              I had submitted my Witness Statement on time to both the court & Blake Morgan it was just that he didn't have a copy of it in his file. I don't think the DJ reserved the case to himself he never stated this, he seemed to be more siding on the fact that I had a case and it looked like MBNA & Arrow hadn't / couldn't provide evidence that they had done everything correctly.

              I now have to supply my Witness Statements and any supporting evidence / documents by 4pm on Monday 13th May, he did advise that the court operated a strict rule on meeting the right deadlines but I work very close to it so won't have any problems meeting it.

              Can I use the WS from the previous hearing as that pretty much covered everything I wanted to say ?

              Comment


              • #37
                Redman - have a chat with Di as you may have missed something never be too sure? cost you nothing to chat with her 0330 053 9340
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment


                • #38
                  Just wanted to update all on this - the judge threw Arrow's case out based in their being no Deed of Assignment which she said didn't even get them off 1st base - she was quite ruthless with them stating to their solicitor that one day these companies might learn.

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                  • #39
                    Excellent news, well done, does this mean that AG can’t return to court should they mysteriously find a DOA?

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                    • #40
                      No they court found in my favour she said no adjournment etc. - she also said that she hadn't even started on the deficiencies in their evidence.

                      Comment


                      • #41
                        Why go to trial without proof of title, madness. Even if the defence is garbage they can't prove their own claim to the satisfaction of the court o.0
                        Whilst I have some experience of the law surrounding financial matters, I am not legally qualified. At no point should my comments on this forum be taken as advice.

                        Comment


                        • #42
                          Arrow don't like disclosing their Deeds of Assignments. However in 2 cases last week we have obtained orders from the court for them to disclose them
                          Legal Disclaimer
                          I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

                          If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

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                          • #43
                            Strange that. I recall dealings years ago with a company Aktiv Capita I think. I asked for the deed and it was provided in days. Referred to an underlying sale agreement and was as bare as bare could be, nothing in it to be challenged, dates matched notice properly executed so I moved on. Thankfully it was a storecard account so a limited balance.
                            Whilst I have some experience of the law surrounding financial matters, I am not legally qualified. At no point should my comments on this forum be taken as advice.

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