nyneil
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Post by nyneil on Jun 21, 2021 19:29:13 GMT
As a matter of interest, in general, what would the situation be if a litigant 'passed away' before his case had been resolved? He will no longer be able to defend his case. Why do you ask? Just that it was mentioned that The claimant has been seriously ill recently with Covid-19. I wouldn't wish that on anyone, but it lead me to wonder, in general, what the legal situation would be if a party in an ongoing case were to pass away.
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corto
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Post by corto on Jun 22, 2021 7:39:04 GMT
He will no longer be able to defend his case. Why do you ask? Just that it was mentioned that The claimant has been seriously ill recently with Covid-19. I wouldn't wish that on anyone, but it lead me to wonder, in general, what the legal situation would be if a party in an ongoing case were to pass away. I think Mousey has answered the question two messages up: a person responsible for his estate will take over and decide.
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Post by Badly Drawn Stickman on Jun 22, 2021 8:02:12 GMT
Just that it was mentioned that The claimant has been seriously ill recently with Covid-19. I wouldn't wish that on anyone, but it lead me to wonder, in general, what the legal situation would be if a party in an ongoing case were to pass away. I think Mousey has answered the question two messages up: a person responsible for his estate will take over and decide. Logically in this particular case it would end the fiasco (apart from creating other complications with costs etc). I have a more relaxed attitude to what i wish on my 'worst enemies'.
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dermot
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Post by dermot on Jun 24, 2021 12:13:46 GMT
This litigation was referred to in the Insolvency Court yesterday wrt an Assetz matter.
Counsel stated that this borrower "started off in highly aggressive and confrontational way. Making all sorts of threats. The court at first instance took exception to how [the borrower] set about his case."
Do you happen to have the loan number for the Assetz case to hand?
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Post by chubby on Jul 20, 2021 19:32:33 GMT
Any news on the court case ?
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Mousey
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Post by Mousey on Jul 21, 2021 14:06:12 GMT
dermot It was the Epping loans.
chubby - there hasn't been a hearing listed publicly so I haven't been privy to the decision, if one has been handed down at all?
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dermot
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Post by dermot on Jul 21, 2021 15:24:14 GMT
dermot It was the Epping loans.
chubby - there hasn't been a hearing listed publicly so I haven't been privy to the decision, if one has been handed down at all?
OK, I didn't have anything in Epping, presumably why it won't show me any updates. What was the connection to Unbolted loans?
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Mousey
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Post by Mousey on Jul 22, 2021 12:17:46 GMT
Because P2P is relatively new there's only a small number of Judgments looking at the contractual relationship between the borrower and the lenders. Ie the judgments produced in this case and the Lendy London Loan. The Assetz case was looking at the 'standing' of the platform to bring a bankruptcy petition against a borrower and so this case was referred to.
Eg one line (of many) of argument - Unbolted appointed a representative lender, could Assetz likewise act as a representative of the lenders?
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dermot
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Post by dermot on Jul 22, 2021 19:33:53 GMT
Ah, thanks, so a technical/legal connection rather than the same borrower.
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Mousey
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Post by Mousey on Sept 1, 2021 14:03:45 GMT
I understand the borrower is the claimant in a so-called "Part 7 Claim - Ownership of land" matter in court tomorrow morning. It would appear to be unrelated to Open Access Finance.
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Mousey
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Post by Mousey on Sept 2, 2021 12:00:58 GMT
I understand the borrower is the claimant in a so-called "Part 7 Claim - Ownership of land" matter in court tomorrow morning. It would appear to be unrelated to Open Access Finance.
In a nutshell - the claimant, who was described as a retired solicitor, owns land, understood to be steep slope leading down to a stream in Hyde, Manchester. There are 19 houses which border this land, sitting at a higher elevation to it. It was claimed that 25 years ago a developer dumped loose soil to flatten the top of this land, upon which these 19 houses were built.
The claimants case is that some 50 tonnes of soil has fallen onto his land and he requires the gardens to be removed and underpinned to a depth of 60-feet. The defendants are the owners of one of these 19 houses and applied to the court today to strike out the claim, or for reverse summary judgment.
The application failed and the court awarded costs to the claimant of some £5k and directed the claim should be transferred to Manchester for further directions.
Counsel:
"Is the defendants land collapsing, or is it a failure of the claimant to support the defendants land?
... These are two side of the same coin, or two sides of the same fence in this case."
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Post by overthehill on Sept 2, 2021 12:13:19 GMT
In a nutshell could someone explain what this lengthy thread is actually about ? Are there outstanding court case(s) where Unbolted is a defendant ?
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Post by overthehill on Sept 2, 2021 14:41:46 GMT
In a nutshell could someone explain what this lengthy thread is actually about ? Are there outstanding court case(s) where Unbolted is a defendant ? Mousey sent me a link to a 2yr old court document, don't know what's next but I won't be losing any sleep or pausing investing. I would say Unbolted has shown restraint and integrity given they are a clear target of destruction. Hopefully, they will be keeping their powder dry until/if it's needed just like on Suits.
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markyg61
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Post by markyg61 on Sept 21, 2021 12:30:22 GMT
Email received this morning from Unbolted.... Subject: Status update on litigation claim brought by A***** M*****
Dear Lender, A short update: the hearing of the preliminary issue as described in the email below, was held on the 31 Mar 2021. We are still awaiting the judgement for it and we will write to you again when we receive it.
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greatmarko
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Post by greatmarko on Sept 21, 2021 22:26:42 GMT
Email received this morning from Unbolted.... Subject: Status update on litigation claim brought by A***** M*****
Dear Lender, A short update: the hearing of the preliminary issue as described in the email below, was held on the 31 Mar 2021. We are still awaiting the judgement for it and we will write to you again when we receive it. Ha! Most pointless and random email ever - It may have well just read: ...when will this legal saga EVER end!?
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