A & L Trying Court second time

[rory32]

Well I knew you wouldn't mind Dave

[diskmandave]

Shouldn't the "won" tag read, ***Won in Court*** ?

 

Let's make this as important as it is, this is a major victory!!!

 

Best, Dave.

[bach]

Hi to all and thanks for good wishes etc,

this was my horescope for yesterday thought it was quite apt in view of the charging order being placed

Today's Outlook for

Thursday October 04, 2007

Yesterday | TODAY | Tomorrow

Gemini: Try saving what you already have

A quiet day like this doesn't indicate a lack of things to do. In fact, extra time is eagerly gobbled up by our need to nurture ourselves by withdrawing from the hectic pace as the Moon finishes up business in quiet Cancer. Only when the Moon proudly prances her way into lively Leo at 6:27 pm EDT are we reminded of how sweet it is to be recognized for what we do well.The desire for recognition is strong now, so we are eager to take the extra step.

Thanks again

Lynn

[FANTASY CHARGES]

Well Done !!!!

 

CPR RULES Part 38 DISCONTINUANCE

 

 

DID YOU EVER SEE THIS

 

PART 38 - DISCONTINUANCE

[bach]

Firstly a very big thank you for all your help last week,

Thought you might be interested to see what the Judge has said.

 

I received this morning a General Form of Judgement / or order from the Court it says

 

Before Judge ------

Upon hearing the Solicitor for the Claimant and the Defendent in person

And upon the Claimant having discontinued it's proceedings, by notice dated 17th April 2007

 

"IT IS ORDERED THAT

 

1. The Claimaint's application dated 8th June 07 is struck out as an abuse of process.

 

2. The application for charging order is struck out as an abuse of process and the Interim charge is discharged.

 

3. For the avoidance of doubt the judgement entered prior to discontinuance is set aside.

 

Reason

The claim was discontinued. Fresh proceedings would be required to persue any further remedy not the re-instatement of the same proceedings.

 

 

Should I be doing any thing else now?

 

Once again a big thank you

[Curlyben]

Nice one.

I'd get a frame for that

[ODC]

 

Should I be doing any thing else now?

 

Once again a big thank you

YES and this is most important

 

 

 

 

 

 

 

 

Get yourself a large bottle of Champagne, chill it in the fridge. Put your feet up and drink to your sucess:lol:

[tomterm8]

OK... I've replied to your PM, but just to put my advice into the public domain...

 

You should check your credit references, and require the credit reference agencies to remove the CCJ from your credit reference. Send them a copy of the judgement.

 

Then, a bit bottle of premium vinto.

[PriorityOne]

Hiya Lynn....

 

Just had to share this one with you... (re. my A&L thread)

 

Had a letter from A&L land on the mat today and on opening it, found a junk mail letter inviting me to take out a loan to consolidate existing loans and credit cards !!..... LMFAO !!! :lol:

 

Noticed that the invitation was for a secured loan though.... lol.

 

:grin:

[bach]

Last year with the help of some many on this site we managed to stop

A & L taking a charge over our property.

 

March 1st, I have received a Court Claim Form. A & L have decided to have another go.

 

Firstly, I do have it in writing that they are unable to produce a CCA.

The judge ruled that A & L had abuse the Court system, and threw it out. (October 07)

 

Secondly, I could just fill the admission form in and as both my husband and I are retired, there is not a lot of money coming in, I could offer to pay £25 per month, which is what I was paying in January 07, untill they decided to go for a Charging order.

 

Thirdly, we are actually about 5 weeks into the selling of our house,so I need to stop them from putting a charging order on the house.

I anticipate that it will be another 4 weeks before everything is finalised Once we move we are going into rented accomadation, so they won't be able to go for a charging order after this.

 

If I go for the second option, and suggest a small payment, I am admitting that there was a loan, and as they can't produce a CCA they really have'nt a leg to stand on.

 

I NEED TO FILL THESE FORMS IN BY 14TH MARCH

 

ALL SUGESTIONS REALLY WELCOME AS IM HAVING SLEEPNESS NIGHTS AGAIN,

 

This is my story from last year its a bit of a long read but is useful

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/80311-l-regret-unable-supply.html

 

Thanks Lynn

[sillygirl1]

Did you get a Notice of Discontinuance from the court for your last effort, if not then QUOTE the previous court case on the documentation, stating that this case is "vexatious litigation" and ask for it to be brought to the Judge fairly quickly.

[bach]

I have a General fom of Judgement or Order

Which states

 

Before District Judge -----

Upon the hearing the solicitor for the claimant and the defendant in person.

And upon the Claimant having a discontinued its proceedings, by notice 17th April 07.

 

IT IS ORDERED THAT

 

1 The claimants application dated 8 June 07 is struck out as an abuse of process.

2 The application for charging order is struck out as an abuse of process and the interim charge is discharged

3. For the avoidance of doubt the judgement entered proir to discontinuance is set aside.

 

Reason

 

The claim was discontinued. Fresh proceedings would be required to pursue any further remedy not the re-instatement of the same proceedings.

 

4 Oct 07

is

I didnt here anything else from them untill the other day.

 

Lynn

PS Could you explain what "vexatious litigation" means sorry If im being a bit thick

[Goldlady]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/80311-l-regret-unable-supply.html

 

vexatious litigants are people who persistently abuse the court process and are eventually barred from issuing proceedings. There is a list on the HMCS website somewhere.

[bach]

Hi Goldlady

 

Thank you so much for the explaination and also for doing my link.

 

Lynn

[Goldlady]

Hi Lynn, no problem:)

 

I think A&L have absolutely no chance of succeeding. I think a very cutting response to them and notifying the court that they are wasting valuable court time is on the cards.

 

After all, if your completion date is so close there is no way they could get a charging order even if they did have a valid claim against you.

 

I am not very conversant with 'court speak' but sure that someone can come up with a suitable response - obviously you want to fully defend the claim on the basis that they have already been kicked out of court. They really are chancing their luck - do you think it is a case of 'left hand, hello this is right hand calling'?

[bach]

Thanks for advise Goldlady, Iv think I will defend the case as I have nothing to loose now once the house is sold, they can't get blood out of a stone can they.

Any other advise or opinions before I fill in forms would be appreciated

 

Thanks

Lynn

[Goldlady]

Well for now tell the court that you will be fully defending the claim, which gives you another 14 days to prepare a suitably acidic defence. I am sure there are several people on here who will help you find the right words:D

[bach]

Hi all,what a greeat day.

 

In May l2007 I was threatened with a charging order on the house

from A & L. With all the help I received on this site, to which I am forever truly gratful, we won the case & A & L had to start all over again.

 

This has happened, I am at the stage were I have sent my defence.

A & L had 28days from 31st March. I rang the Court last Friday 9th May and the Court informed me they actually have 33 days for them to take further action.This time has now passed.

 

The letter received from the court says "quote after this period has elaspsed the claim wil be stayed, the only action the Claimant can then take will be to apply to a Judge for an order of lifting the stay.

 

Please can anyone help with an explanation of the above in laymans terms, and is there anything I should do.

 

Many thanks Lynn

[bach]

anyone please

[bach]

Just up dating my thread

Received a letter from A & L Solicitors today saying they have asked the Court to transfer the case to my local Court.

Lynn

[hall33]

Can anyone help me?!

I started a claim against A&L in Feb 2007 to which they used stalling tactics all the way - a hearing was due last August but then a stay was put on it. I now want to try and get this stay lifted due to financial hardship but am unsure how to start. The courts have said I can apply to the judge and it will cost £75 but this very helpful website says to write to the banks CEO first. Which is fine but I just have no idea what to put in the letter. Has anyone else done anything like this yet?

[slick132]

Hi Hall and welcome to CAG.

 

Could you please start your own thread using the New Thread button which is at the top and the bottom of the A&L forum page. This avoids hijacking another's thread. Copy and paste your post above to make your 1st post on the new thread.

 

Unless your hardship is caused BY the bank charges or you have other extreme circumstances, experience has shown you are most unlikely to get the Stay lifted.

[slick132]

Hi Bach,

 

I'll get this thread merged with the one you started in March which dealt with the beginnings of this matter.

 

From the earlier posts, A&L's Claim was thrown out as vexacious litigation by the judge. Has anything changed since the last case.

 

For instance have you received a copy of the Credit Agreement which they had earlier confirmed they were unable to produce.

 

How far are you now with the sale of the house.

Edited June 1, 2008 by slick132
typo

[Bigmac versus]

Threads merged

[slick132]

Bach,

 

Please post here details of the defence which you entered in response to the latest claim, and answer the following Q's:-

 

1) Did you send, with your Defence, a copy of the judgement which ended A&L's last court Claim against you.

 

2) Roughly how much are they claiming from you and does the total they are claiming include penalty charges made to the a/c in the last 6 years.

 

3) Do you have the last 6 years' statements for the a/c.

 

4) Have you reclaimed any penalty charges on this a/c.

 

5) Are you willing or able to settle the debt after taking off A&L's penalty charges, when you've sold the house.