Help Please Re: CCJ From Northampton CCBC - ***DISCONTINUED***

[AndyOrch]

Tiokim

 

I did offer advice to Amber to set a side everyone disagreed then agreed PT disagreed then agreed and repeated my advice

 

Regards

Andy pS i didnt do the short defence in this thread

Edited February 16, 2009 by Andyorch

[Misterzeus]

Thanks for your comments tiokim.

 

Andy,

 

It is not your defence that's the problem, Mr Z had to submit an "Amended Defence" at the end of December. We couldn't get any help from the forum for that as such - hence the cobbled one put together in a blind panic and rush. Your defence helped us a great deal.

 

Please can you offer any advice??

 

Mrs Z

[AndyOrch]

Mrs Z

 

I will come back to you shorly i have a case to attend now

 

Regards

 

Andy

[Misterzeus]

We appreciate that, thank you so much Andy

 

Regards

 

Mrs Z

[Misterzeus]

Just an after thought Andy,

 

In his rush to submit the Amended Defence at the end of December, Mr Z only mentioned that the Claimant had failed to send a copy of the Default Notice (as ordered by the DJ) and not the fact that the DN they did send in February last year is non compliant!

 

Is it too late to submit now? The fact that the "DN template letter" they did send is more like the "Termination of Account" letter, except the template letter states 28 days as opposed to 14 in the Termination letter. Does this make a difference and should this be disclosed also?

 

Cobbetts go on about Mr Z has failed to file and serve a particularised amended defence, yet Mr Z did state that he was unable to in his amended defence due to them sending the same paperwork as previously.

 

Regards

 

Mrs Z

[Misterzeus]

Good morning all, Mrs Z here

 

Does anyone know if Mr Z needs to include relevant case laws in with his paperwork for the court and Cobbetts or will it be sufficient just to take copies to the actual hearing?

 

Any advice gratefully received, I need to know asap as the paperwork needs to go off tomorrow by special delivery. They have to receive this 7 days before the hearing!

 

Thank you

 

Regards

 

Mrs Z

[caro]

All paperwork you rely on in court should be submitted so yes the case laws should be included too. I suggest the non-compliant DN is included too even though it wasn't mentioned in the defence. Just make sure it's mentioned in court.

[Misterzeus]

Thanks caro

 

We had decided to add them anyway last night as Mr Z had to leave extremely early for work today and had to take the letters to post with him.

 

Just hope we've done enough and don't lose the case

 

Regards

 

Mrs Z

[caro]

You might find it helpful to read some of these posts from the library to prepare yourselves. The Consumer Forums - Guidance notes

[Misterzeus]

Thanks very much again caro, will do!

 

Regards

 

Mrs Z

[Misterzeus]

Good morning all, Mrs Z here.

 

We are in urgent need of advice please.

 

Mr Z has just received a letter from Cobbetts stating that the witness statement contains the information his amended defence (submitted at the end of December) should have contained.

 

They go on to say that had Mr Z filed said contents (of witness statement) as his amended defence, they would not have made an application to strike out his defence as it would have been particularised.

 

They say Mr Z has until the 27th Feb if he wants to amend the witness statement to state that it is his amended defence and sign such document (don’t think he’ll want to give them a signature!!). I addition pay their costs (preparing the application plus court fee they’ll agree to vacate the hearing listed 3rd March.

 

Are they bluffing? Is it likely that the DJ will allow the strike out because of above reasons? Should Mr Z ignore them and go to the hearing hoping that the DJ disallows their application to strike out the defence?

 

Cobbetts are sly ba***ards, they have succeeded in getting Mr Z having to rush decisions, hence the amended defence being rushed and done in a blind panic.

 

We would be very grateful if someone could offer some advice please.

 

Regards

 

Mrs Z

[Misterzeus]

This is for Andyorch if you're around

 

Can you offer any advice please on the above??

 

Many thanks

 

Mrs Z

Edited February 25, 2009 by Misterzeus
typo

[AndyOrch]

Good morning all, Mrs Z here.

 

We are in urgent need of advice please.

 

Mr Z has just received a letter from Cobbetts stating that the witness statement contains the information his amended defence (submitted at the end of December) should have contained. Well thats good

They go on to say that had Mr Z filed said contents (of witness statement) as his amended defence, they would not have made an application to strike out his defence as it would have been particularised.Was the amended defence accepted by the Court and Acknowledged?

 

They say Mr Z has until the 27th Feb if he wants to amend the witness statement to state that it is his amended defence and sign such document (don’t think he’ll want to give them a signature!!).Just fax them conformation and print name I addition pay their costs (preparing the application plus court fee they’ll agree to vacate the hearing listed 3rd March. Erm lets see no!!!!! but they can vacate at their own cost

 

Are they bluffing? Possably Is it likely that the DJ will allow the strike out because of above reasons? Depends on your answer to my first point Should Mr Z ignore them and go to the hearing hoping that the DJ disallows their application to strike out the defence? Attend its a must

 

Cobbetts are sly ba***ards, they have succeeded in getting Mr Z having to rush decisions, hence the amended defence being rushed and done in a blind panic.The DJ will be aware you are LIP and will not tollerate this action

 

We would be very grateful if someone could offer some advice please.

 

Regards

 

Mrs Z

 

Sorry for the delay Mrs Z in getting back to you.

 

 

Regards

 

Andy;)

[Misterzeus]

Thanks Andy

 

Actually the court has not acknowledged Mr Z's Amended Defence, apart from saying that's fine when he hand delivered it and Cobbetts got a copy by SD.

 

Mr Z has not received anything from the court regarding the latest submission that Cobbetts are going on about.

 

Mr Z will be definately attending the Hearing next week, we realise that this is a must.

 

Cobbetts want payment for preparing as well as the court costs and he has just said he's not willing to do that (he's just got in from work).

 

So what do you think?

 

Thanks again

 

Regards

 

Mrs Z

[Misterzeus]

Good morning all, Mrs Z here

 

Update: The Judge denied Cobbetts rep (local) their strike out application and the case is proceeding to the hearing that was originally booked for April. The Judge was very good and without going in to too much detail (never know who's reading) Mr Z was pleased with the result.

 

Mr Z was also shocked at the amount of hearings that weren't defended, said at least 10 cases were called, I presume they either haven't heard of the CAG or don't care.

 

Regards

 

Mrs Z

[caro]

Or weren't aware there was a hearing or that they could defend it.

 

Good news for Mr and Mrs Z though.

[Misterzeus]

Thanks caro

 

Today Mr Z has received a Notice of Discontinuance!!!

 

Does this mean what I think it means???? I hope so!!

 

 

Regards

 

Mrs Z

[citizenB]

Thanks caro

 

Today Mr Z has received a Notice of Discontinuance!!!

 

Does this mean what I think it means???? I hope so!!

 

 

Regards

 

Mrs Z

 

 

Oh this is just excellent news. Do keep that notice safe.

 

Celebrations are in order methinks.

[Misterzeus]

Thanks citizenB - congratulations on your "promotion" to Site Team! Well deserved I must say!!

 

Does the Notice mean they will sell on to a DCA or 4?

 

If so, can we just send a photocopy of said Notice and tell them to bog off then??

 

We presume that it can never be taken to court successfully again?

 

Sorry for so many questions!!

 

Thanks to all who have helped, does this thread get moved to Successes now?

 

Regards

 

Mrs Z

[citizenB]

TBH, I really dont know the answer to your questions. I should think if it has been discontinued then they realise they had no hope of winning with the paperwork they had or didnt have as the case might be.

 

I will have a scout round and see if this has now been put in a box with the lid nailed down properly.

[citizenB]

Right, I will pop links to threads that have had the cases discontinued below.

 

The following link will need to be read from post 119. Pt2537 has input as well

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/134172-sharpman-nationwide-credit-card-12.html#post1805004

 

This one is just one post, but it has a link to surfaceagentx20's thread in it. I think this depends on what grounds you were basing your defence on. Was it a dodgy DN if so.. this is the one for you.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2022396.html

[Misterzeus]

Thanks citizenB,

 

efficient as always!!

 

I shall go and have a looksy a bit later

 

Thanks again

 

Regards

 

Mrs Z

[tiokim]

Congratulations Mr and Mrs Z!!!!!

I am very please for you. I was following your case with great interest but could not give you anymore advice as your case was going beyond my knowledge.

[Misterzeus]

Thank you tiokim for your congratulations and previous help

 

Regards

 

Mr & Mrs Z

[supasnooper]

Just to add my congratulations as well to you both.

 

Well done and it shows that perseverance pays off.

 

Get that costs order in as well.

Edited March 19, 2009 by supasnooper
added info