First Direct debt!**WON** NOW THEY WANT TO GO BACK TO COURT !! **WON AGAIN !!**

[Baldylocks]

Yes, they have had that information since mid August, not only that, but the letter that was supposed to be sent to me (and went to the other side!) asks for the relevant notice and fee to be paid, but I gave in the form with the order and my cheque has been cashed, so it looks like the N244 never got to the Judge, she simply read my order! Fortunately I have kept copies of everything, but FV-1 have now had months to come up with the documentation which seems pretty unfair!

[pt2537]

then when you speak to the court manager, you need to tell them that an application was filed along with a draft order and the fee, it is due to the courts error it seems that the N244 didnt get put before the judge and you need to assert that they should get that order made as previously requested and if they would like a copy of the original order then you will take it to the court( as long as you can of course)

[Baldylocks]

I will definitely do! And yes, I can take copies of everything to the Court, I will post what happens after I have spoken to the Court Manager, I am hoping to persuade them to look at my application quickly since it is their error.

[The GodMother]

Oh and also if you can that is take proof the cheque was cashed as they then cant wriggle out of that.

[Baldylocks]

Thanks for your advice and help, I have a copy of my bank statement showing the cashed cheque and copies of all the documents, so will let you know what happens when I get to speak to the Court Manager - tried yesterday, but she doesn't work Wednesdays!

[The GodMother]

dont workwednesdays must be part time then

[Baldylocks]

Hello again everyone, a quick update as have been away. Went to see the court about this almighty balls-up where all my correspondence has been sent to the claimants solicitors, it turns out that a general form of judgement or order was made on 28th July that unless the claimant provide me with copies of various agreements etc. that we'd discussed at the meeting with the judge by the 5th August, (suffice to say they didn't) that the claim be struck out without further notice. However, I've been advised by the court that I should submit form N244, with another 40 quid, which is an application notice. Is this correct as I've filed one previously with my draft order? Also, the court STILL haven't provided copies of the 'lost' correspondence or offered an apology, any ideas on the complaints procedure as the court "hadn't got the forms available" when I called in?

[The GodMother]

i would call back and refuse to leave until u get ur letters answers and a copy of the complaints procedure but that is just me.

[Baldylocks]

I am posting a copy of a letter that I intend to send to the court to get the claim struck out, and to complain about their shoddy service! Any comments and suggestions most welcome!

 

'Further to your Order dated 28 July 2008 (a copy of which is enclosed), I would draw your attention to the fact that FV-1 or their Representatives, have failed to comply with paragraphs 1a, 1b and 1c.

Therefore, it has not been possible for me to file an amended defence as per paragraph 2. FV-1 has been in breach of the Order since 5 August 2008 and I request that the claim be struck out without further delay.

I would also request that due costs be reimbursed as per paragraph 3 and would ask for information from the court as to how to proceed with this.

I would also like to file a complaint against Bromley County Court concerning correspondence that should have been addressed to me being sent to Hegarty’s LLP, who are/were the Acting Solicitor for the Claimant.

I believe that this error could have given the Claimant an unfair advantage, as they were aware of the status of the claim and the Court’s response to my draft Order long before I was. As a layperson I wasn’t aware how long I should wait to hear from the Court, and it was only because I hadn’t heard anything at all that I telephoned on 1 September and the error came to light.

I spoke to xx in Customer Services and due to the gravity of the error; I was told the file would be passed to xx, who would contact me in due course. After several fruitless attempts to speak to xx, and as she hadn’t called me, I visited the Enquiry Office on 9 September.

After waiting 50 minutes, I was once again told xx was not available, but was finally given a copy of the enclosed Order. I also requested details of the Court’s Complaints Procedure, but was told the forms weren’t available. It has since come to light that xx was alerted to the error on 2 September.

I would therefore request a full explanation and formal apology from the Court.'

What do you think?!

Baldy

[The GodMother]

yep sounds fine. maybe a compensation payment from the courts might be in order.

[Correllia]

Sorry about the delay in posting, have been away... but..

 

The Judge has struck out the claim !! Apparently there was a hearing at the end of August, which neither party attended - I didn't as all my correspondece from the court was going to the Claimant's solicitors, but the Judge decided that as Hegarty's had failed to supply the paperwork by the date he had given, he struck out the case!!!

 

This is just such excellent news, and I want to thank everyone so much for all of their help and advice here. I would never have had either the knowledge or courage to fight the claim if I hadn't got all the support from everyone on this forum.

 

I know this might not be the end of things- I assume they can try again? Then there is the small matter of my reclaiming some of my costs - on which note, if anyone can offer any useful threads for me to read up on, please feel free...

 

Once again I want to say thank you for all your hard work that enabled me to take this on.

[Correllia]

Just in case you are wondering, that was me, Baldylocks, but looks like my other half had logged herself on before me!!

[The GodMother]

nice one.

 

glad 2 see the courts le u know.

[pt2537]

Blimey, thats fantastic news

 

game over then, nice one

[The GodMother]

have u made a official complaint re the courts. As there could have been a CCJ that had been registerd against u and you not have known until baliffs turned up or summing.

[42man]

Great news !!!! well done !!

[Baldylocks]

Yes, I did make a complaint and they have written back to me. they are saying that although I was told by a court official that they had the claimant solicitor's address incorrectly on my file, actually they hadn't - and that I should check with Royal Mail as to why my letters weren't received.

 

It is laughable really - especially as I acually work at my local Royal Mail depot and certainly don't have problems receiving my post!!

 

But is my word against theirs, and for now at least am just so relieved it is all over!

 

however, I might try and reclaim some of my costs - countless recorded delivery items, petrol to Northampton and the 'unless order' charge - if there is a useful thread on here I could read up on I would be grateful to be pointed to it - have tried the search to no avail!

[Baldylocks]

Hello again everyone! A new development has arisen in the ongoing saga with First Direct. I have today received a notice of hearing application which states that FV-1 have requested that my case be restored. Their reasoning is that, despite the case being struck out, they didn't receive a copy so couldn't dispute it! Can they do this? Surely a strike is a strike? They have also requested that the amount be altered to the full 14k. Should they not have to make a new case?

[42man]

I'll rename the title BL...

[Baldylocks]

Good evening all!

I've been reading through the paperwork regarding the hearing, which is next week incidentally, it seems it's a meeting with the judge so that he/she can decide whether the case should be restored. The case was struck out in August when fv-1 failed to provide documentation requested by the judge by the agreed date. So it was breach of order, should I continue with this line (assuming I have to attend) as fv-1 have stated that they cannot provide the paperwork? I still believe that they need to make a new case as it was struck otherwise what's the point? There are some dubious points in fv-1's claim too, they state that they only found out about the strike when their agent attended court on a date that the court have said neither party was in attendance! I'm also holding my claim for costs, also ordered by the original judge, until I know what's happening. If anyone could advise me how to proceed I'd be grateful as time's ticking away!

[The GodMother]

make sure they pay the costs.

 

They are lying to you if the courts can confirm that nobody attended that day as the courts require to to advise them you are there. This is obviously for fire reasons. If they were there do they have proof they signed in?

 

Tell the judge if they have not complied with the original costs order

[Baldylocks]

Thanks Godmother, I've made some notes & I'll be sticking to the breach of order line & the fact that they say they attended court when they clearly didn't! As a minor issue the notice of hearing also states that I requested the case to be restored, obviously I didn't! The court are still cocking things up!!

[The GodMother]

well if you can prove you did not then thats good.

 

Just stick to your guns you know what ur doing.

 

Chrissi

[Josie8]

Good evening all!

I've been reading through the paperwork regarding the hearing, which is next week incidentally, it seems it's a meeting with the judge so that he/she can decide whether the case should be restored. The case was struck out in August when fv-1 failed to provide documentation requested by the judge by the agreed date. So it was breach of order, should I continue with this line (assuming I have to attend) as fv-1 have stated that they cannot provide the paperwork? I still believe that they need to make a new case as it was struck otherwise what's the point? There are some dubious points in fv-1's claim too, they state that they only found out about the strike when their agent attended court on a date that the court have said neither party was in attendance! I'm also holding my claim for costs, also ordered by the original judge, until I know what's happening. If anyone could advise me how to proceed I'd be grateful as time's ticking away!

 

 

If they still cannot provide the documentation then refer the court to s.127(3) CCA etc

[Baldylocks]

Thanks Josie, I've been quoting S2 cca(cancellation notices & copies of documents) regs 1983(si1983/1557), seemed to have the desired effect! I'll keep you all posted