Eversheds- court hearing III - NOT!greenspun.com : LUSENET : Repossession : One Thread
Hi again, In Eversheds most recent letter dated 29 May 2001. It says " We can confirm this matter has now been referred to Cardiff County Court in order to proceed with a claim against you.We will advise you of the hearing date in due course." Eversheds have now threatened court action a total of 7 times including a Statutory Demand under section 268(1)(a) of the Insolvency Act1986 received 13th March 2000. I do hope this information helps you collate the details you are looking for. Regards, Gary
-- Gary Parton (firstname.lastname@example.org), June 02, 2001
It sounds like Evershed is pulling a fast one.
The *court* will notify you of a hearing date. A case is not referred to the court. A claim is submitted to the court *after* the claimant has served a seven day notice on the alleged defendant. Have you received such a notice? (You'll probably receive one now because Eversheds probably read this board and will probably issue one just to frighten you.)
If you haven't received a seven-day notice - and it would look pretty formal because Eversheds has to cover its butt - then this is just Eversheds lying to you.
And even if it does get into the court system, you can still start where we all start - asking for documentary evidence - but are more likely to do it under disclosure rules.
They are frightening you. Successfully, by the sound of it.
Read the site's Repossession and Do's and Don'ts section. Then get moving on what it suggests you should do.
-- Lee (email@example.com), June 02, 2001.
That's a very good analysis courtesy of Lee.
I would love to see a copy of that letter where Eversheds say that *they* will notify you of the court date.
Please read previous threads on 'harassment'.
Many lenders and their agents seems to specialise in intimidating people into making making 'settlements' of a few grand, without any evidence ever being produced.
And like Lee suggests, *if* you are issued issued with a claim form, use the info on this excellent site to defend and counter-claim.
-- Eleanor Scott (firstname.lastname@example.org), June 02, 2001.
It is my view that with a repo case this old, if you ask for documents and they don't supply them, and if they threaten court action several times and then do nothing, then they haven't got the documents to enable court action - they haven't got a leg to stand on!
Let us all know when the threatened summons/claim hits your doormat, if it ever does.
-- (email@example.com), June 05, 2001.
Hi Gary, One of the answers to this says 'with a re-po that old'. I'd be interested to know when the actual re-po took place i.e. how old it is. Could you let me know please? It seems to me that they are making a lot of 'noise' - after all they are making the threats (allegations of debt) so they will have to PROVE their allegation - and to do that they will need documents to provide that proof! You are entitled to have copies of the data so why haven't they provided them? Because they probably no longer exist and they are just trying to pull a fast one. Cheers, Joy.
-- Joy Harker (firstname.lastname@example.org), June 05, 2001.
This all sounds very familiar to me. Try as I might I cannot seem to get anything at all to prove the debt even exists!!! I am on my third lot of solicitors as well as a debt agency who have written to me.
I keep asking for proof of the debt and proof of my liability and get nothing, not even a reference to my request.
-- Matt (email@example.com), June 06, 2001.