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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have received repossession proceedings against me on the

Resolved Question:

I have received repossession proceedings against me on the basis of arrears on my mortgage account. This is due to a complaint i have made to the bank that they did not give us full disclosure when entering into the mortgage agreement. The bank has given me a reply in line with their consumer credit licence and given me 6 months to forward my complaint to the ombudsman. Less than 7 day after the referral I received the claim. I have offer to settle any claim against me if they provide me with all the documentation related to the account as I do not agree the amount they claim and charges that they are applying are what was agreed.

I am about to counterclaim for approx £50,000 which is payments already made to the bank I claim was obtained dishonestly plus damages and interest. I am also going to send notice to the court

I hereby notice that the court strike out the claimants case on the basis of the following facts.

I have offered to settle any verified claim against me out of court.
I will settle any varifed claim agaimst me out of court.
The claimant refuse’s to verify their claim.
The claim has no value.
The county court does not have jurisdiction to deal with this matter due to the on going criminal enquiry for fraud and deception.

I do not accept that the claimant send a representative and require them in court with first hand knowledge of this claim, as i am happy accept their claim on the basis its be verified in court which I am happy to settle.

In the event the court feels it necessary to proceed to a hearing it is my wish this matter to moved to a court of record to a trial by jury, and to be sworn in to give my evidence under oath of affirmation in the event of an appellant review. I also require the claimant to be sworn in the same for any evidence to be admissible upon such review.


I would like some feedback to what the court is likely to do.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Have you filed a defence? Over how long did the arrears accrue please?
Customer:

The defence is not filed yet only received papers yesterday. The complaint was made 7 months ago and i have applied the right to withhold payment until my complaint has been addressed. So 7 months they claim I am in arrears.

Alex Watts :

Does your contract allow you to with hold payments at all please?

Customer:

I don't know the bank are unwilling or unable to provide a signed copy of the agreement or any agreement or "terms and conditions" they keep referring to. However under their terms and conditions of their consumer credit licence if I make a complaint, they have 5 days to acknowledge the complaint, a further 8 weeks to resolve the complaint. If after 8 weeks they can't resolve the complaint they must refer me to the financial ombudsman service who then take control of the complaint. I have 6 months to contact them from the day they refer me. I think we are going off track here. What I am asking is basically I'm looking to have this thrown out on the basis that the bank are refusing to verify their claim before it even gets to court. The fact that it will be (the bank v me) in court and I refuse to deal with anyone but the claimant "the bank" and wish for them to swear under oath that what they claim is true. On the basis I send NOTICE to the court with my counterclaim in my defence in your opinion what is the likely outcome will it get thrown out or proceed with a hearing.

Customer:

or more relevant would be if the bank was your client what would you advise them to do ? Continue to a hearing or ……………………………..

Alex Watts :

You can't get the claim thrown out straight away

Alex Watts :

You can file a defence to the claim

Alex Watts :

Then the bank would be at liberty to apply to the Court to strike out your defence on the basis it has no prospect of success

Alex Watts :

However you need to be very careful

Alex Watts :

It is not for the bank to refer to the FOS - you are wrong about that

Alex Watts :

After 8 weeks YOU may complain to the FOS

Alex Watts :

However you can't throw the case out before it starts.

Alex Watts :

Once a defence is file you or they can make an application to strike out

Alex Watts :

But that is only when the case has started

Alex Watts :

Does that clarify the position for you?

Customer:

So am i correct in saying i can require the claimant to verify their claim viva voce and have it heard by a jury. Is it not true in the event of the need for an appellant review the appeal court will only review evidence give under oath or verified evidence.

Customer:

Why would they apply to the court to have it struck out on the basis of it having no prospects of success ? After all I'm offering to settle any varied claim against me.

Alex Watts : Jury no. It will be heard by a single judge.
Alex Watts : the Appeal court generally only reviews the decision of the court below including what evidence was available at the time.
Alex Watts : Does that help?
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