Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #201
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    Default Re: Everlasting Boilers County court letter***Claim Struck Out ***Now a 3rd Claim

    No worries.... just give me a nudge nearer the defence due date (2/3 days before)


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  2. #202
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    Default Re: Everlasting Boilers County court letter***Claim Struck Out ***Now a 3rd Claim

    Quote Originally Posted by Andyorch View Post
    No worries.... just give me a nudge nearer the defence due date (2/3 days before)


    Andy
    Hi Andy Appreciate the Help
    My computer has gone Kaput and stopped working soi now have limited access to a real PC so to speak
    Im back at work on Tuesday so I dont suppose there is and chance of some help with the Defence again so i can send it off and put my mind at rest ?

    Really appreciate the help so far


  3. #203
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    Default Re: Everlasting Boilers County court letter***Claim Struck Out ***Now a 3rd Claim

    Tomorrow Lee.


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  4. #204
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    Default Re: Everlasting Boilers County court letter***Claim Struck Out ***Now a 3rd Claim

    Defence

    1. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

    2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claimicon pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

    3. The claimants claim is denied having previously issued the same claim twice already on the same named defendants, 26th Sept 2014 which they Discontinued on 31-10-2014 and on 28th April 2017 which was struck out by District Judge xxxxxxx on 3-Nov 2017 in the xxxxxxxxx county courticon, claim number xxxxxxxxx

    3 . The claim was Struck Out on 3-Nov 2017 by the aforesaid District Judge. Therefore the claimant is precluded from reissuing the same claim pursuant to res judicata and therefore is barred from re-suing the same parties on the same cause of action.

    4.For the court to allow a third claim which having been adjudged and struck out would amount to an abuse of process on the basis of issue estoppelicon and/or cause of action estoppelicon.The claimant is aware and has been provided with a further copy of judgment dated 3-Nov 2017 but has disregarded it and issued a further claim irrespective.

    5. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.It is respectfully requested that the court dismiss this claim and award an adverse costs order in the defendants favour.

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  5. #205
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    Default Re: Everlasting Boilers County court letter***Claim Struck Out ***Now a 3rd Claim

    Many Thanks Andy

    Just a case of playing the waiting game again now i guess


  6. #206
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    Default Re: Everlasting Boilers County court letter***Claim Struck Out ***Now a 3rd Claim

    Ideally it shouldn't get to allocation stage if the court act appropriately

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  7. #207
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    Default Re: Everlasting Boilers County court letter***Claim Struck Out ***Now a 3rd Claim

    Received this in the post today
    looks like its gone to allocation stage for some reason
    Mentions If i believe that this track is not the appropiate track for the claim i must complete box c1 on the 180 Form and explain why
    Im presuming that i just need put the defence in the box again ?
    Any idea why as to where is says i have filed a defence it is crossed out?

    What Now?

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  8. #208
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    Default Re: Everlasting Boilers County court letter***Claim Struck Out ***Now a 3rd Claim

    Did you not already do this before on the previous claims ? Standard practice...the claimant has informed the court they wish to proceed to allocation.
    No you dont put your defence on the form.

    The reason they have not included a copy of your defence is because your the defendant and already have a copy.......that is for the claimant on their copy.

    No to Mediationicon

    yes to small claimsicon track.

    1 witness yourself (or 2 if its a joint claim)

    State your local county courticon

    The rest is self explanatory tick boxes which you have already done for your previous 2 claims...run 3 copies ...court claimants/ sol....file


    Use the following to complete on your pC .....print 3 copies.

    https://www.consumeractiongroup.co.u...at-Sept-2016**


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  9. #209
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    Default Re: Everlasting Boilers County court letter***Claim Struck Out ***Now a 3rd Claim

    My apologies Andy
    I was under the misunderstanding after reading your reply "It shouldnt get to the Allocation Stage" that it wouldnt go to this part
    I presume the allocation stage is after i have filled in the N180 form in
    thanks Again


  10. #210
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    Default Re: Everlasting Boilers County court letter***Claim Struck Out ***Now a 3rd Claim

    Correct....I only implied it shouldn't...but then again this claimant isn't the norm....given that they spent more on litigation than the value of the boiler up to now

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  11. #211
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    Default Re: Everlasting Boilers County court letter***Claim Struck Out ***Now a 3rd Claim

    Thanks

    Ive filled it in and have copied both the strike out notice and the discontinue one and added that to it as well
    fingers crossed


  12. #212
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    Default Re: Everlasting Boilers County court letter***Claim Struck Out ***Now a 3rd Claim

    No dont attach anything...they go with your witness statement

    We could do with some help from you

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  13. #213
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    Default Re: Everlasting Boilers County court letter***Claim Struck Out ***Now a 3rd Claim

    Afternoon all
    After being transferred to Grimsby county courticon
    I today have received a "Notice of preliminary Hearing" on the 8th of may
    10 mins have been allowed for the hearing
    No mention of any evidence to put together like last time
    Should I take the notice of discontinuance from the first case and the strike out judgment from the second case with me?

    Feels like going around in circles again now

    Thanks in advance


  14. #214
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    Default Re: Everlasting Boilers County court letter***Claim Struck Out ***Now a 3rd Claim

    It will be a case management conference...obviously the court are curious also....take all your files...previous claims ...NoD and strike out notices

    We could do with some help from you

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