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Wandsworth2015

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Everything posted by Wandsworth2015

  1. The claimant ignored all my requests for costs, despite the order, I also sent a follow up letter to the courts, I got no response. Based on the fact I now have no debt's, nobody chasing and I can just get on with my life, I guessed it was just best to move on in victory. thank you CAG, this and many others one even bigger issue were resolved with your help and I won in all cases, thank you. W
  2. Good point. I neglected to ask. It also wasn't mentioned. The sanctions were denied and the unless order stated the claimant shall pay costs, so I'm assuming it still stands. Do I wait for confirmation in writing from the courts or can I submit costs, something like as follows, what are your thoughts? The application to seek relief from sanctions was denied in the County Court, 3rd January 2017. Therefore, the claim stands struck out pursuant to the order of 5 October 2016, the claimant shall pay the defendant costs of the claim, expense sheet attached.
  3. The results of the case today The claimant stated that a case of a nervous breakdown was the reason for the breach, I requested evidence of the illness, but none was availble. The claimant stated that the breach was insignificant as that there was only one, I stated that continual breaches and the lack of disclosure meant it was prejudicial in this case. The claimant stated that the defendant was also in breach, I provided evidence that full disclosure had been submitted and evidence of postage was provided, the claimant withdrew this point. The claimant stated they had requested addit
  4. Despite the claimaints application notice to seek relief from sanctions without a hearing, I'm in court 10:30am Jan 3rd to defend the claimaints application and ensure the order remains struck out, feeling positive as I've done everything as best I can. Thanks to all at CAG for the help this far, especially Andy, thank you all, I will update you once its completed.
  5. Thank you Andy, I will do just that.... some of their statements within the witness statement are either complete fabrication or so busy litigating people, that their too busy to handle it and are making mistakes.
  6. A simple covering letter and the witness statement we already produced is all that's required, issued to both the claimaint and the court?
  7. Today I've received a Notice of Hearing of Application, which states as follows: The hearing of the claimants application dated 18th November 2016 (they have included the application from the claimant), will take place at 10:30 am on the 3rd January at my local country court. So we're actually going to court after all, is this where I present the witness statement I wrote defending against the claimant seeking relief from sanctions ?
  8. Nothing from the court at all, last communication from them was the case was struck out as per the order. I've called the court and they stated there was a note that the case was being reviewed "marked urgent " by the Judge and all they could advice was that directions on that outcome would be provided. Sounds ominous, do I submit a witness statement in defence of the application or sit tight, seems strange to respond to the claimant and not wait for a response from the court stating they are willing to take a defence statement from me in relation to the application
  9. Nothing from the court yet: DRAFT DIRECTIONS from Cohen..... 1. The Claimant’s Application for Relief from Sanctions dated 18 November 2016 be granted- 2. The Claim be reinstated. 3. Each party must deliver to the other party and to the court office copies of all documents m Witness Statements that they intend to rety upon within 13 dm 4. The Claimant must pay a £545.00 hearing lee within 14 days. 5. Both parties to file pre-trial checklists no later than 14 days. 6. No expert evidence being necessary. no party has permission to rely on expert wit
  10. I have a covering letter from Howard Cohen, stating the following: We refer to the above matter (claim) and acknowledge your recent letter seeking costs. (23 hours at LiP rate £437). Our client has instructed us to make an application to set aside the recent order striking out the claim. Therefore, please find enclosed by way of service upon you the claimants application for relief from sanctions which has been filed with the court. We trust this clarifies the matter. Enclosed is the Application notice (N244) Copy of the witness statement Draft directions.
  11. I didn't even think of that, so the application I have is direct from the claimant and not from the court. Just to be clear, I send my witness statement to the court today, (it's round the corner I can deliver by hand). I then wait for the court response reference the application before sending to the claimant ?
  12. Wow thanks guys, I thought I was getting too Harvey Specter on it, but turns out my head was in a good place. Managed to get some work this morning, so squeezed in a few hours and now back home, will review again and then get 40 winks before finalising. I have the judges original names etc in my copy, I left out for CAG. If you don't mind I will post my final piece here before putting in the post, do I need to provide a summary of draft directions with the witness statement?
  13. Draft Witness statement in response to the application 1. the defendant in this claim, makes the following statement in objection to the claimants application to set a side believing it to be true and will state as follows: 2. The claimant failed to comply with the order dated 21 June 2016, made by District Judge (Name xxxxxx) requiring disclosure by 4pm on August 1 2016. 3. The claimant also failed to comply with the order dated 11 October 2016, made by District Judge requiring the claimant to give disclosure of all documents or the claim shall, without further order, be struck
  14. They have requested without a hearing, I've been up all night writing the witness statement
  15. My comment on those points that I have knowledge of: 4. They not only missed the order of June 21st, but also the orders in July and October, no fees was paid and no documents were ever received by me or the court. 5. They may not have a record due to their poor management, but I have a signature that it was received and I fulfilled the directions of the order, I'm the one who filed for it to be set aside. 7. They've yet to prove any debt is owing. 8. No idea when any fee was paid, the court informed me nothing was paid.
  16. They've missed 2 or 3 orders to comply now and I've complied with everything, despite what they imply. 1. I am the Legal Manager with the day to day care and conduct of this matter on behalf of the Claimant. I am duly authorised by the Claimant to make this statement on its behalf. The matters in this statement are within my own knowledge or come from reading papers supplied to me by the Claimant or its predecessor in title, save where the contrary is expressed. 2. The matters detailed herein are either matters within the Claimant's own knowledge or matters of which we h
  17. It's the gift that keeps on giving: Today I received a letter from Howard Cohen & Co, their client Hoist has instructed them to make an application to set aside the recent order striking out the claim, including an application for relief from sanctions which has been filed with court. They have provided 8 points on why the order should be set aside, one of those points is that both parties did not comply with the order and were in breach, factually incorrect, I complied every step of the way and they've still not complied. Do I simply sit and wait for the DJ response now?
  18. The ICO has found in my favour and NATWEST have now updated the default date to be two years earlier, in short the default and settlement date are now 8 years old and it's therefore been deleted from all credit files and my credit rating is excellent and just short of maximum for the first time in 7 years, thank you very much to the CAG community, another victory for me.
  19. Had I been able to afford a solicitor, I'm sure it would of been achieved in a quarter of the time but for four times the cost, swings and roundabouts, 15 pages of CAG is enough for any man. I feel the "claim being struck out" is probably the best reward and I'll forget about making a claim on costs, the fact this is over is a huge relief and that is the greatest reward.
  20. thanks guys, I will present them, what is realistic in their eyes, I've spent 61 hours on this, which is about 900 pounds using the LiP rate. Everything is logged, what are your thoughts?
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