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Kazzie

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Kazzie last won the day on November 5 2007

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  1. This is still going on...and on...and on.... Have been reluctant to post details as certain points will make me easily identifiable and I do not wish to give them a heads up, though I will be happy to post all of the details once this is over. In a nutshell I have been asked to provide info on a specific point of law within 14 days. Is there anyone out there that knows their stuff that can help me with this by PM please?
  2. Hi Phil - sorry for delay in replying! No I never did recieve a copy of their AQ from the court but I have the copy of it from their bundle. It is signed by the 'Claimant' (the Counsel/Solicitor part has been crossed out). The alleged date of assignment was 7/7/2011. The first I heard of it was in October 2011 when I recieved IND's Letter Before Action plus a copy of the alleged assignment.
  3. Ok thanks Andy. Can I try to claim for the last time we were in court as well (when the claim got struck out and the judge put us off of it) or have I missed the boat on that one completely!
  4. Thanks very much for all the great advice, I have something to work with now and feel much more confident going into this! Yes, we will have the same judge as we did before. Well done PGH - I was following your thread when I started mine but i didn't realise you had had a result! Could someone tell me what they mean when they ask for "No order as to costs"? Are they asking the judge to refuse any request from me to claim costs? If we win I'll definitely go for costs this time. I'm presuming I can no longer try to claim costs for the initial hearing, only this one? I wouldn't know what would be a reasonable amount to claim for, and what exactly I can claim for. Is there a guide on here that someone could point me in the direction of please?
  5. Ok thanks, but I'm really not sure what questions I should be asking other than how was it possible that something like this could happen? It would be helpful If someone could assist me with this. I don't know the specifics of how things work when a solicitor 'actions' a trial date so I wouldn't know the specific questions I should ask. As I can't fill out a witness statement with any confidence as to the content, my feeling is that we should just turn up on the date and ask the right questions. Any help with these questions would be appreciated.
  6. How do I go about that? This is something I would like to pursue.
  7. Well we have 14 days until the court date (I may just as well say the date because they will know who we are by now anyway should they visit the site!) Do I still have time to send the court a witness statement? If so and you think that it's advisable, would someone be available to help me with it? Their bundle is 78 pages. Some of it consists of bank statements from the alleged account that the claim is based on and there are quite a few pages from a commercial law report 'William and Glyns Bank Ltd v Barnes'. Are there any documents in particular I should post up? They have also enclosed some of the details I requested regarding the assignment. Under the 'Wheras' heading it says that I am indebted to the vendor in sums due under a Consumer Credit Agreement. They never did supply this CCA to me or the court despite it being requested, yet they are using this CCA as evidence against us!
  8. Sorry, posted to quick, am trying to write this on my mobile. Continued below: ......that an error has been made by this firm through no fault of the Claimant. I firmly believe the Claimant should not be prejudiced by this error. I would respectfully request that the Court restore this matter and in an effort to keep all parties costs to a minimum, hear the trial at the same time as this application.
  9. In section 3 of the Application notice under the question 'What order are you asking the court to make and why?' Hegarty's have replied with: 1. This matter be restored with, if possible, the substantive hearing to be dealt with at the same time as this application. Alternatively a new trial date to be listed. 2. No order as to costs. Under question 10 ( What information will you be relying on, in support of your application?), Hegartys have ticked the box which says 'the evidence set out in the box below'. This is what it says in the box below: I have recieved the order of District Judge xxxx dated xxxx confirming that the matter has been struck out. Upon receipt it was not clear what had exactly happened as I had no record of this matter. Upon taking instructions from the Claimant and making enquiries with the firm's IT department, I can confirm that this firm was instructed by email on xxxx to arrange representation at the trial on xxxx. Regrettably, a problem arose with our email system and these instructions were not dealt with. Upon making enquiries it would seem the Claimant submitted instructions to this firm via email on xxxc, but unfortunately the email became "stuck" and was not actioned. I believe that the Claimant has a good chance of success in this matter. Indeed a copy of the statements, assignment and letter before action have previously been filed and served by the Claimant. Therefore directions have been complied with, including the filing and service of the Claimants witness evidence directly by the Claimant on xxxx. I am not sure from the terms of the Order of the xxxx if the Learned District Judge xxxx took into account the Claimants evidence, which should have been on the Court file. It is regretable
  10. It says very little but I have posted it below. What I would like to know is this, if the email got 'stuck' that IND sent them asking for them to arrange representation - then why did they send me a copy of their bundle well after the date that they said the email got 'stuck. If they sent me a bundle then they must have known there was a trial date! Notice of Hearing of Application The hearing of the claimant's application for the matter to be restored (see copy attached) will take place at (time) at (court) with a time estimate of 15 minutes.
  11. Bad news. IND's solicitor has made an application for a hearing to have the claim restored! They have also asked that the substantive hearing be dealt with at the same time. Hearing is coming up soon. As far as I can tell the judge has only ordered that the hearing to have the claim restored is heard on this date. The solicitor says that IND instructed them by email to arrange representation at the trial but that this email must have become 'stuck' in the system after they had server problems so was not actioned. They stated that they didn't become aware of this until they recieved notice from the judge that the claim had been struck out. What a load of rubbish! They obviously presumed we wouldn't turn up so they didn't send anyone thinking they would get a win by default. I am so mad
  12. We asked the judge if we could claim costs and he rather put us off of it. He said something about claiming costs could take a while, and his attitude seemed to be that we should quit while we were ahead! We also asked him if that was the end of it now that it had been struck out and were surprised when he said not necessarily! He said that technically they could come back for a second bite of the cherry but that it would be very bad form if they did. For this reason we decided not to push for costs in case it provoked them into this second bite!
  13. Well the Court date came, we turned up but IND didn't! The Judge said he was surprised that a professional (???) organisation like IND didn't turn up, and didn't let him know of any reason why they may be delayed. He said that he had no choice but to strike their claim out, and that it was a shame as he said that we had raised some interesting points which he would have looked forward to discussing. Now we're left wondering why they didn't attend. Maybe they never intended to and presumed we wouldn't also - given them a win by default. Or maybe they just simply forgot or maybe they were scared off by something...who knows! It's worth noting that despite them sending us a copy of their large bundle before the court date, they never provided full details of the arrangement of the assignment - despite me asking for this info in a Part 18 request for further information and despite the judge saying that they had to give us this particular info before the court date. Could this be their Achilles heel!
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