LTSB Court claim - help please

[gh2008]

Hi Remus

 

Might it be an idea to ring the court (the first one) and ask what has happened to the case?

 

My guess is that the claimants didn't file some bit of paperwork or fee and it has been stayed.

 

So, this new claim must be struck out (can't have 2 claims for exactly teh same thing running together) and they should apply for the stay to be lifted on teh original claim (which I would think you will want to oppose )

[remus]

Thanks for the update remus - so much easier to have it all together.

Just a query re: 'LTSB have no default notice, (I have) and are asking for this to be taken into account' Is it you or LTSB that is asking for the DN to be considered? Sorry, I have the DN, and have put in my defence that the DN did not have the prescibed time limits. LTSB asked the judge to allow non production of DN.

 

IMO they've forgotten they've issued a claim in Sept. 2008 & that a defence was submitted in July 2009 on court orders. However they can't just 'forget' & re-issue but at the moment you will definitely have to submit the AS & then consider your defence, strike out etc. This really is a strange one, maybe tickle the red triangle for some site team input?

 

If I don't defend this second claim, (which I will ), would it not get rubber stamped by the bulk court???

[foolishgirl]

If I don't defend this second claim, (which I will ), would it not get rubber stamped by the bulk court???

 

Yes, you must send in your AS on time stating you intend to defend.

Within 28 days from service of the claim you must then compile your defence along the lines of 'this is a duplicate claim' & invite the claimant to withdraw it/the court to order a strike out. Don't forget you can then claim wasted costs If they don't act on your defence, you can apply for a strike out yourself.

Post up your defence when you have drafted it if you want further help.

Edited February 4, 2010 by foolishgirl
typo

[remus]

Hi all,

I have received a letter from Northampton Bulk, on my LTSB duplicate claim, "you have not replied to the claim form".

I have a print out confirming acknowledgement of service.

as the court is only open between 10 and 4 and I work all week, has anybody any suggestion as to what I can put in a letter to Northampton?

I am just fuming at the whole carry on,(and I know I am not the only one) and the faceless demand for monies that I haven't got, even with 3 jobs I find it difficult to meet even the basic demands on my money:mad:

[foolishgirl]

Just send a letter stating that you acknowledged service on xxxx, enclose a copy of the confirmation & state that you intend to defend. Send it Rec. Del.

[remus]

thank you for your response foolishgirl. I will get a letter done.

[remus]

Hi foolishgirl, the court of its own motion has set aside the judgement.

 

"due to computor restraints Aof S/Defence has been filed in time but not logged"

 

AS stands and no costs. LTSB have 7 days.

 

Do I need to do a defence?, or is my letter, showing LTSB have made a duplicate claim enough,

Do I need to chase the CCJ on file (understand I have to wait for LTSB to respond), or is this done automatically? I have already had Eurodebt ring me, as the ccj is public knowledge.

Edited March 12, 2010 by remus

[foolishgirl]

Hi foolishgirl, the court of its own motion has set aside the judgement.

 

which judgment? Are they saying that a CCJ was obtained without your knowledge on the the defence you submitted way back?

"due to computor restraints Aof S/Defence has been filed in time but not logged"

 

AS stands and no costs. LTSB have 7 days.

 

That makes sense. They have now filed your AS & are giving LTSB 7 days to respond. Check with the court that they do respond, if they don't you need to apply IMMEDIATELY for a strike out. In fact, I would be tempted to apply for a strike out now (before allocation ) under CPR3.4 & 3.5 as an abuse of process.

Do I need to do a defence?, or is my letter, showing LTSB have made a duplicate claim enough,

Do I need to chase the CCJ on file (understand I have to wait for LTSB to respond), or is this done automatically? I have already had Eurodebt ring me, as the ccj is public knowledge.

:confused: Now I'm thoroughly confused - which CCJ?? I thought you had submitted a defence in 2009 & the case was sitting on someone's back burner somewhere.

 

Can you post up the letter you have had from the court please remus? It might clarify matters somewhat.

[remus]

Hopefully I have uploaded the letters OK, will try again

Edited March 16, 2010 by remus

[maroondevo52]

Hi, remus.

 

I have unapproved your attachments, could you re-post them removing all personal details and make them a bit bigger please.

 

Regards.

 

Scott.

[remus]

Thank you maroondevo52.

 

 

Hi Foolishgirl,

 

Sorry for the confusion, they have issued a CCJ on the duplicate claim. ( post 104)

 

My letter to them with a copy of the AS has prompted the court to reply with the set aside. (post 107)

 

I will try and repost the letters received from the court acting on the duplicate claim.

 

The original claim is still with my local court.

Edited March 16, 2010 by remus

[remus]

[remus]

[foolishgirl]

Thanks remus for the copies.

 

This means that there will be no judgment by default entered on this claim as they have acknowledged you did send the AS in on time. The defence you will submit will stand; however I suggest you apply for a strike out on this immediately on the grounds that they cannot pursue 2 x claims for the same matter at the same time.

 

What was your deadine for the defence? An applic. MUST be submitted prior to this date. Shout if you need help....

[remus]

Thanks remus for the copies.

 

This means that there will be no judgment by default entered on this claim as they have acknowledged you did send the AS in on time. The defence you will submit will stand; however I suggest you apply for a strike out on this immediately on the grounds that they cannot pursue 2 x claims for the same matter at the same time.

 

What was your deadine for the defence? I'm a bit worried about that, as I haven't sent one in on the duplicate claim, just the letter I sent, stating that it was a duplicate, and that would be my defence. An applic. MUST be submitted prior to this date. sorry,(I don't understand) Shout if you need help....

please.

 

Should I get a letter off asking for a strike out? or get a defence in, or have they taken my letter as my defence? not sure what I should do next.

 

Thanks for your help.

Edited March 17, 2010 by remus

[foolishgirl]

They have ordered that the AS was completed on time & accepted that you will submit a defence(or otherwise ) from the letter you have sent. Your defence deadline date remains the same but I am suggesting getting in an application for a strike out before that deadline. So without trawling your thread again, what date is it?

[remus]

It was the 14th March:eek:

 

issued 25 Jan. A of S 13 Feb.

 

I have one more letter, dated 10 March. Judgement set aside and your Acknowledgement of Service has now been filed. could I use that date as it was the computors fault?

[foolishgirl]

You're late remus!

 

You really have to keep a very close eye on your deadlines or Northampton may issue judgment by default - they may even have done so already. Suggest you phone the court immediately & ask them the postion, suitably grovel & ask that you be permitted to submit a defence out of time. If they agree, fax them a confirmation of the date agreed etc. & ask them to put it with your file.

 

I'll try & drop back later with an appropriate submission etc.

[remus]

Thanks for the help foolishgirl, I understand what you are saying about the deadlines,

as the court is aware that it is a duplicate claim, would they be able to issue judgement?

I work in the community so I have no access to a phone or fax, but will see if my daughter can get the information tomorrow.

 

Nightmare!

Edited March 18, 2010 by remus

[foolishgirl]

as the court is aware that it is a duplicate claim, would they be able to issue judgement?

 

I assume they are only aware through the letter you sent them, it has to be made clear in your defence or strike out applic. as that is what a DJ will see & act on.

 

I'm afraid your occupation is no excuse in the eyes of the law eg. do you not have breaks, lunch etc. when you could get to a phone or the PO for a fax machine?

Edited March 18, 2010 by foolishgirl
addition

[remus]

Hi foolishgirl,

I managed to ring them, but was on hold for 40 minutes and had to give up. I am able to get to my local court on monday, would it be possible for you to do me a submission? I need all the help I can get with the terminology.

As you predicted they have issued a judgement by default.

[foolishgirl]

If they have already issued a judgment you would now need to apply to get that set aside before you can progress further & as you acknowledged the claim but just missed the deadline for defending, I am not sure what your grounds would be. Can you think of anything other than 'I didn't perform'???

See the CPR on this:

http://www.justice.gov.uk/civil/procrules_fin/pdf/parts/part13.pdf

[remus]

Hi foolishgirl,

 

Northampton court, have told me the set aside was issued in error and the ccj stands, so once again I repeated "this is a duplicate claim", and once again she referred to her senior, and said I needed to contact my local court to see how the claim stood, as it may have been dismissed and that is why scm have put in another claim.

 

My local court says it is live:) and tomorrow, I will drop in all the paper work on this duplicate claim, so that it can be put in front of the Judge.

 

Any suggestions what I should include in my covering letter would be appreciated.

 

And how do I claim monies spent?

[foolishgirl]

 

As you predicted they have issued a judgement by default.

 

Northampton court, have told me the set aside was issued in error and the ccj stands, so once again I repeated "this is a duplicate claim", and once again she referred to her senior, and said I needed to contact my local court to see how the claim stood, as it may have been dismissed and that is why scm have put in another claim.

 

My local court says it is live:) and tomorrow, I will drop in all the paper work on this duplicate claim, so that it can be put in front of the Judge.

 

 

Now I am totally confused & suspect Northampton are too!!

 

1. Have Northampton issued a CCJ against you on this latest claim? If so, this will need to be set aside before you can go any further & as I said before, you would need to show proper grounds for doing so. As you have not submitted your defence in time this would appear to be a non-starter but as there is so much confusion surounding this case(s) you may get away with it.

 

2. If the case **** started last year is still live, that needs to be struck out or reinstated depending on what the situation is with the above. However if a CCJ has been issued on this latest case whilst the previous claim was still with the court, this may give you a reason for set aside of the CCJ.

 

3. What monies are you hoping to claim? If a CCJ has been issued, it will be you who has to pay up!

[remus]

Hi, have been waiting till the end of the month to do the n244, to look at setting aside the duplicate claim.

 

1. My local court cannot locate my file, but have finally told me, the original claim was struck out last year, as they (SCM) may have not sent paper work in, in time. SCM were informed in November. I have had nothing from the court telling me the claim had been struck out, and so I was waiting for a hearing.

 

2. Letter received in November from SCM (post 91). "We find that the balance is still outstanding, but no Judgement has been obtained. Our Client would like to come to an arrangement....".

I had no idea that the claim had been struck out, so ignored SCM, waiting for directions from the court.

 

3. The CCBC have contacted SCM to clarify the duplicate claim, as per my letter.

 

4. SCM have confirmed to me, that the previous claim was struck out. They say they have issued another claim, because I did not reply to their letter in November.

They confirm Judgment has been entered against me as no defence was filed and served.

I may apply to set aside, but it will be vigorously opposed.

 

Could someone please help me with the N244, and the draft order for set aside. If 'I didn't perform', is my only recourse, could I have help with the terminology, and the fact I was unaware that the original claim had been struck out. Also the claim is that I have not paid, I am still paying a nominal amount, and have done every month.

My defence for the original claim centred on the default notice.

 

Thank you.