A quick glance around the internet forums will show that people are facing a really hard time fighting their cases in Court. Often the end result is that the Defendant loses not because their case is hopeless more likely because they don’t understand the CPR and how to use the rules etc.
I was fortunate to receive instructions from a Defendant who had been the subject of a Default Judgment, had a charging order on their home, and was concerned that they could face an order for sale. Whats worst is that this poor soul had purchased PPI, had taken steps to ensure their debts could be paid if they fell on hard times, and when the worst happened they told the bank who turned round and said in effect “Jog on and pay us”
So picture this, you lose your job you try to get help from the bank and they ignore you and all the time they’re adding interest to the debt that you shouldn’t have to pay as your ppi should be paying out. Now i can hear all the politically correct brigade saying “You shouldn’t borrow what you cant afford to pay back” but in this case protection was purchased, all necessary steps were taken, so there’s no room for this “you should pay your debts blah blah blah nonsense”
In this case the debt should have been covered by the insurance plain and simple, there are no exclusions that mean the bank didn’t have to pay end of.
So instead of helping the bank sold the debt on to a debt collector. A claim was issued, the Claim form was not received, judgment was entered and the Claimant then sought a charge. An interim charge was granted and it was at this point the customer became aware of the issues which were unfolding.
Fortunately the customer attended the initial hearing, and was granted time to make an application to set aside the Judgment but as the client found out, its not as easy as they thought. They sought advice from various sources, lets have a dig at the Government here, because their cuts mean law centres are closing up n down the country, and the client simply struggled to get help so they put in their application notice, it wasn’t pretty and needed work.
By the time the case landed on my desk , thanks to “the Debt Wizard” suggesting that the clients speak to me about the case, it was in real difficulty, we had a hearing in 10 days time, we had a poor application and no defence had been filed. Now im not criticising here, the application was the best that the client could do but of course there was limited knowledge of the rules, such as CPR Rule 13.2 and 13.3
I immediately referred the matter to Tom Brennan, Tom as many will know is an excellent consumer barrister, so Tom took the same view as i did in that this case was clearly arguable and therefore we were prepared to assist the customer.
The problem we had was that old chesnut concerning £££££££££s, the clients were in difficulty and therefore couldn’t afford legal fees, however we took a view on the case and took the matter forward on a CFA (no win no fee)
So Tom drafted the Defence, i put together an addendum to the application covering all the missing pieces, we offered the opponents the chance of consenting to the set aside (silly billys never agreed) and we proceeded to prepare for the hearing.
We had our day in Court today, the Court made the right ruling, the Judgment was set aside, the charge is now gone, and we now have the option of joining the bank to the claim for an indemnity which we are seriously considering to protect the client as they clearly had PPI and it clearly should have paid out but instead unsurprisingly it didnt, how many times have we heard that before!!!!!
Anyway, the clients are happy and we now get the chance to fight on………