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foolishgirl

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foolishgirl last won the day on October 21 2010

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  1. Hi Clynite Firstly, thanks to CB for pointing me to your post as I am not able to look in on CAG as regularly as I did some time ago. Sincere commiserations on the LO's decision. You seem to have had a raw deal on this one from the very beginning. Sadly, 'justice' does not always seem so & a good deal of common sense & fairness would seem to be more appropriate to apply to cases like yours. However IMO you are extremely sensible to leave the worry & stress behind you now & get on with life. Your post seems to honestly & succinctly sum up the moral in this sad story & I do hope that others reading your thread will digest & learn - solicitors are not infallible & be sure you know exactly what you are getting into before you sign a no win, no fee deal. Good luck & best wishes, Cynite ...... FG
  2. You need to apply on a N244 Pumpy stating why you think you are entitled to costs eg unreasonable behaviour & enclosing your costs schedule, a copy of the strike out order if you have it & a draft order for the costs. I think the fee is £35.00 - it can be added to your costs. You should send a copy to the Claimant.
  3. Well done Pumpy. Good to see the justice system working properly for a change. Me too! Make 'em pay; it may also make them think twice before starting another spurious claim in the future.
  4. Well done Upset!! Keeping your head & determination saw this through, excellent result, I'm delighted for you
  5. Have you got a date for court? If not, don't worry about what to say. This should be dealt with by a DJ without hearing as it should be regarded as a simple strike out as they have not complied with the court's orders.
  6. Only just read your post so hope this is not too late but IMO you should make more obvious reference to the court order that this claim be struck out if the Claimant does not produce the docs ordered. So I would amend to read as follows: 1. I, XXXXXXXXXXX of XXXXXXXXXXXXXXXXXXX am the defendant in this action and make the following statement as a defence to the claim made by Arrow Global LLC, 5996 W Touchy Avenue, Niles, IL, 60714 USA. 2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimant’s Particulars of Claim and put the Claimant to strict proof thereof. 3. The Defendant notes that the Claimants' claim is not fully particularised and offers no cause for action. The Claimant was offered the opportunity to resubmit a properly particularised claim that complied with the Civil Procedure Rules on xxx. To date they have failed to file such. 4. The Claimant has failed to disclose appropriate documentation to support the Particulars of Claim, requested under CPR 31.14, which leaves the Defendant at a disadvantage and unable to plead effectively or at all. 5. The Defendant denies ever having applied for or operated an account with Arrow Global 6. The Defendant denies that they are indebted to the Claimant for the sum of £2028.29 and puts the Claimant to strict proof of this sum. The claim for interest pursuant to s.69 of the County Court Act 1984 is also denied. 7. The Claimant has not complied with an order of the court dated xxx & has failed to produce the documents listed therein (copy attached). The Defendant is therefore of the opinion that this claim is without merit & has been brought provocatively & without due cause. AND the Defendant therefore now seeks; An order that the Claimant’s action is struck out under CPR 3.4.2 (a), or otherwise dismissed (a) on the grounds that this claim cannot succeed (b) that the Claimant is in default of the order by Deputy District Judge XXXXX on XXXX to file and serve a copy of the Consumer Credit agreement between Barclays Bank PLC and the defendant, together with a full record od all charges levied, credits and debits on the account referred to in the statement of XXXXX on XXXX January 2011 © that the Claimant be ordered to pay the Defendant’s costs incurred in defending this action 8. I believe that the facts in this Statement are true and accurate.
  7. Excellent news hedman!! Just advise the court that the case has been discontinued by the claimant & send a copy of HC's letter. They could submit a new claim but it would have to be on completley different grounds to stand any chance. YES, YES - you must submit your costs & QUICKLY! You can submit for both cases together but I suspect the first may be ruled out on time. All costs are at the discretion of the court anyway so you should support your application with reasons as to why you think they should be awarded. Use an N244, don't just rely on a letter to the CM.
  8. Note, not applicable if this is allocated to small claims
  9. IMO, leave the above out. Keep your app simple & in terms that can be easily comprehended; bring all the above in & you are opening the door to a debate over the merits of the case. If you don't get the strike out, this info can all be brought out later. You need to send the N244 to Northampton as it has not been allocated but it may then be allocated to your local court to deal with the app. Not sure there is provision for applying online for this, you may need to post.
  10. Cannot recall all the details of your case but be aware that you can only use CPR 31 after the case has been allocated if this is fast track ; you can only use CPR31 in small claims before you have submitted a defence & allocation has been made.
  11. Following up from your posting elsewhere, Pumpy, as requested. I absolutely agree with VJ's response/defence & if/when they discontinue go for your wasted costs immediately (I hope you did last time too!) I would also be looking to send a very stiff letter to them requiring appropriate amendments to your credit files & compensation for the harrassment etc. & follow it up with a claim of your own if necessary.
  12. If they discontinued PT, they would have to produce new & strong evidence to the court to get this revived. I suspect they have not & have just reissued the claim. Call the court & ask. This should then all be brought out in your defence. Have you started a thread of your own on this?
  13. Hi summer IMO, don't remind them that they cannot enforce without having fulfilled S78, wait until they try & then you have another arm to your defence. However, just so it looks good for you in court if necessary, I would write & tell them that they still haven't sent you a copy of your agreement as requested under the CCA1974 & that until they can prove to you that such an agreement exists, you will not be sending them any further payments. I would also ask them to confirm under CPUTR that such an agreement exists. See this thread for further info on using this legislation as a very useful tool in such circumstances: http://www.consumeractiongroup.co.uk/forum/showthread.php?291468-Fighting-back-with-CPUTR-2008....
  14. There seems to be an error with the 'donate' link in the posts above & if I put in 'donate' in the search box, it comes up with posts that have the word in their text, not a donation link. I take your point that finance for CAG is no longer in the desperate state it was some months ago but why is there no longer a simple tab or button for people that still wish to show their appreciation in this way, BF?
  15. Just been looking how to donate to CAG - and looking... and looking.... Where's the big button? Or for that matter, any button? No point in pleading poverty, guys, if you don't make it easy for donors.
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