CL Finance Court Claim-***WON IN COURT***

[Josie8]

Well done mate, now you have a Notice of Discontinuance there no way they could restart! after and strike out then a ND!

 

Yes most def ask for costs i got £138 off them, delete and amend as required i'd also add this was the secound time:

 

 

I know of a couple of cases where CL Finance have discontinued, returned the debt to the Original Creditor and then the Original Creditor has issued proceedings again..................so keep a watch out for the claim form from Northampton landing on your doormat.......................

[SupermanX]

Thanks everyone for your help and assistance, special thanks Andy and Master Woody.

 

I'm now going to apply for wasted costs. can i get them to remove this from my credit files?

[SupermanX]

I spoke to the court they have not received the notice yet, Howard Cohen told me the debt is sold back to GE Money:cry:

[Josie8]

I spoke to the court they have not received the notice yet, Howard Cohen told me the debt is sold back to GE Money:cry:

 

 

Well you will shortly be getting aletter threateningn court proceedings. Keep an eye out for the claim form from Northampton

[master woody]

Mate i know for a fact that they just cant keep passing the debt around until they get a result.

 

i don't how but you can some how get them to stop. try posting on the legal forum asking what to do.

[tinkerbell20]

Quote:

Originally Posted by tinkerbell20

Can CL Finance discontinue claim after defence received & just prior to hearing then reassign debt back to the OC GE Money who then proceed to issue a new claim for same debt through same solicitors Howard Cohen without asking permission of court under CPR 38.6 ?

 

sadly, yes they can, however, are they entitled to do so without the courts order? no absolutely not

 

 

i would make an application ( N244) to the court and ask the court to strike out their claim as an abuse of the process. but thats just what i would do

__________________

PT257

[AndyOrch]

I would advise you (on receipt of the order) to make an application (N244) without hearing and at no cost to you.

 

I would suggest something along the following lines

 

In the light of the order of Judge ???? dated ??/??/?? striking out the statement of case of the Claimant, I hereby apply for judgement to be entered against the Claimant.

 

I further apply for defence costs under CPR 27.14(2) of £??.??, which is calculated as follows:

 

 

 

Costs under CPR 27.14(2)(g)

 

I also respectfully ask the court to award costs of £?.?? due to the claimant's unreasonable behaviour in issuing a claim without following pre-action protocols, and their subsequent failure to provide evidence to substantiate their case. I estimate that it has taken me ?? hours to research and prepare my response to their action @ £9.25 per hour, which is a total of £??.??, plus £?.?? which I estimate I have spent on postage, printing and stationery.

 

 

 

He may agree these, he may not - but if you don't ask, you don't get!

 

Regards

 

 

Andy;)

[SupermanX]

i spoke to the court clerk today he confirmed they have received the Notice of discontinuance from CL Finance, however, he said the court would not confirm this in writing!!,

 

1)shall i wrote to the court to confirm this, is the clerk talking out of his a**?

 

2)do i have to pay 40 pounds for a N244 application without hearing? also does anybody have a sample that i could copy?

 

Super;-)

[Josie8]

i spoke to the court clerk today he confirmed they have received the Notice of discontinuance from CL Finance, however, he said the court would not confirm this in writing!!,

 

1)shall i wrote to the court to confirm this, is the clerk talking out of his a**?

 

2)do i have to pay 40 pounds for a N244 application without hearing? also does anybody have a sample that i could copy?

 

Super;-)

 

 

Rubbish. The Court will send you a copy of the Notice of Discontinuance though it may take several weeks.

[SupermanX]

I just noticed that before I received the ND from CL, the court ordered that if the claimant did not comply with previous court orders by 22.01.09 the case would be struck out.

 

do i also need to ask the court to strick this out or the ND is enough? do i write to the court for a strike out or shall use N244 and apply for costs as suggested by Andy?

[SupermanX]

bump

[creditcardmug]

I actually went into the court with ND in hand and asked for a copy stamped by the court, and was told they don't do this.

They said the one from the claimant was sufficient.

 

On the question of costs, see my thread with CL pt has commented on it towards the end recommending i do this

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/152183-barclaycard-lewis-cl-finance-7.html

 

 

X20 also did a thread on this, but i cant find it, i did copy some of it though, it was concerning Arrow Global.

Ill post up what i have of it.

Edited January 27, 2009 by creditcardmug

[creditcardmug]

Heres what i saved from x20's post,

 

I have prepared a draft bill of costs for detailed assessment and draft notice of commencement. Both are attached in pdf format.

 

In drawing the bill I have tried to keep it as uncomplicated as possible whilst seeking to demonstrate how to maximise the amount which might be allowed. The documents may be of general application in litigation to include for example, dealing with a costs claim after successfully obtaining an order setting aside a Statutory Demand, after making all such necessary modifications to suit.

 

The bill begins with a narrative dealing with the nature of the case and the complexity of it as I imagined it may have appeared to the LiP. My imagination should not be treated as a statement of how the complexity in truth appeared to the LiP.

 

Next is a chronological statement of the steps taken in the case as they will appear on the court file. I have not bothered to go through the entire thread to establish what occurred on what day. The LiP will have to do that.

 

I have included provision for time spent which has been charged at an hourly rate of £9.25 in accordance with The Litigants in Person (Costs and Expenses) Act 1975. I can not stress enough that where time is included this is only a statement of time for the purpose of demonstrating how the figures would appear in the bill. My statement of time is not an estimate of time. Only the LiP can say how much time was spent and my statement of time may be an under- statement or an over-statement, I would not know.

 

It is worth pointing out however that the court will recognise that a LiP will most likely spend more time in a case than a solicitor. The relevant Rule is CPR 48.6 with guidance appearing in The Supreme Court Costs Office Guide (COG) Practice Direction at CPR PD 48 COG 22.4 and .5.

 

The question for the Judge considering the bill is if this case had been conducted by a solicitor, what would that solicitor’s reasonable total charge have been for doing that work? Having arrived at that hypothetical figure, the costs judge will assess the bill but disallow whatever the total bill comes to from exceeding two-thirds of the hypothetical figure.

 

It seems to me the hypothetical solicitor may have spent say 6 hours dealing with all the work set out in the bill from beginning to end. At an average charge of £150.00 per hour, that produces a hypothetical figure of £900.00. In other words therefore, if the Judge held my view about what the hypothetical solicitor may have charged, the amount to be allowed to the LiP ought not to exceed £600.00. As you will see, my draft works out at £573.50.

 

What to do Next

Complete the bill adapting the narrative to your personal experience in terms of actual work done and actual time spent. Feel free to add to it where I have not imagined work which you actually did. Insert the dates and sign and date the bill.

 

Next complete Form N252 available from the HMCS website here.

 

You will ned to complete the court and party details in the box on the RHS.

 

The draft N242 I have completed gives the position as if my figures were used. Where the total used in the bill is to be different, put that figure in the first figure box where N252 says: ‘The bill totals £xxx.xx’. (figure [1])

 

Next, add £300.00 to figure [1] and put whatever this figure in the next box where N252 says:

the full amount payable (including the assessment fee) will be £xxx.xx). (figure [2]).

 

Next insert a date in the box before which is written: ‘You must serve your points of dispute by’. This date will be a date being not less than 21 days after the date on which your opponent receives the bill and the N252. In practice, add 25 days to the date on which you post the bill out to your opponent. If that date should fall on a Saturday or Sunday, insert the date for the following Monday.

 

Next fill out the box which provides a name and address at which the opposition may deliver any response to the bill of costs. The response will be entitled ‘Points of Dispute’. I don’t imagine one will arrive and if one does, how to deal with it will be dealt with in a later advice.

 

Next, leave the box beginning: ‘I certify that I have also served’ blank

 

Next, at the very end of the bill is a third figure box before which is written ‘If I have not received your points of dispute by the above date, I will ask the court to issue a default costs certificate

for the full amount of my bill (see above*) plus fixed costs and court fee in the total amount of £’ . In this box take the figure [1] and add £45.00 to it. This is the figure which goes in this box (figure [3]).

 

Print the N252 off, sign and date it.

 

Next, send the bill and the N252 off to the opposition’s solicitor.

 

After Having Sent the Bill and N252.

Make a note when the 25 days will be up.

 

I would expect the opposition to make contact with you in an attempt to settle the question of your costs. So as to avoid hassle and heartache, I would be prepared to settle at anything which came to about one third rather than two thirds of the hypothetical solicitor’s bill. On my example, that would be around £300.00 plus the court fee. You may want to settle at something less just to be shot of it.

 

If any offer comes in which is wildly below £300.00 post to this site for advice. I would imagine the opposition will be very keen to settle since objecting will tie them into expense they will wish to avoid and any savings will soon be wiped out by employing a solicitor to deal with the objections.

 

When the cheque comes in, make a donation to CAG.

 

If you have not heard from the opposition by when the 25 days are up you will be entitled to apply to the court for a default costs certificate. When that moment arrives, post here.

 

Any queries, just ask.

 

x20

[SupermanX]

thanks for the reply, i will apply for wasted costs plus judgment, i have one question regarding x20 tread, is "The draft N242 I have completed gives the position'' meant to be N252 as N242 is a Notice of Payment to the court:confused:

[supasnooper]

I think x20's allowed a little typo error with the amount of info that he's posted, but yes, you are right, it should be form N252.

[SupermanX]

Thanks

[SupermanX]

Hi

 

any ideas how to fill out Q3 and Q10 in N244 (Application Notice)?

 

tks

[caro]

Is this for wasted costs? If so the N252 is probably simpler. http://www.hmcourts-service.gov.uk/courtfinder/forms/n252_1299.pdf

[SupermanX]

this is to get judgment against CL Finace so that a new claim cannot be started, post 107 above, i'm not quite sure how to fill out q3 and q10 on N244?

 

tks

[SupermanX]

bump

[supasnooper]

this is to get judgment against CL Finace so that a new claim cannot be started, post 107 above, i'm not quite sure how to fill out q3 and q10 on N244?

 

tks

 

 

May be worth searching pt2537's posts on the forum.

 

I'm sure he has set this out in a thread.

[AndyOrch]

this is to get judgment against CL Finace so that a new claim cannot be started, post 107 above, i'm not quite sure how to fill out q3 and q10 on N244?

 

tks

 

Hi Super ok Q3 what are you requesting -Strike out/Summary Judgement

 

Q10 what are you submiting to support your application - Notice of Discontinuence

 

 

Should be suffice to kill this dead once and for all

 

Regards

 

Andy:cool:

[SupermanX]

Great tks.

 

I will post it later on today along with my N252 for wasted costs

 

Once again thanks for your help

 

 

Super8)

[SupermanX]

guess what, i'm still waiting to hear from the court on wasted costs+SJ,,i just rang the court and they have lost case file !! what can i do?

 

Super

[slick132]

I hope this means they cannot find your file just now, as opposed to it being really lost.

 

It's probably sitting on someone's desk re the WC Order and SO/SJ.

 

Personally, I'd leave it a week but if you want to chase it now, ltr to court Mgr to say:-

 

I was concerned as I've heard nothing in response to my form N244 dated xxth Jan.

 

When I called the court today, I was told my file cannot be found.

 

I would appreciate the court's response regarding my case as soon as possible.