Welcome/Cohens - case withdrawn ***WOO-HOO ***

[postggj]

Ill Let Prudence Fill You In As Need To Get This Right

She Will Be On In A Bit As Usual

[Prudence]

Thank you so much. We applied to strike out the claim. We have a hearing for this next Tuesday. Before this we had a Hearing date of mid June and the Judge asked for various things, ie fees to be paid by WF by 10 May (have checked with Court - these have not been received) also disclosure of documents by a couple of weeks ago - Court says nothing been received from WF so far.

I am starting to panic about the STrike Out hearing and if our case is strong enough, what to focus on etc.

 

This is all following getting a CCJ set aside. Surfaceagent did a brilliant Defence for us after getting it set aside.

[caro]

Hi Andy!

Thank you very much.

Here goes:

 

DJ XXX has considered the statements of case and allocation questionnaires filed and allocated the claim to the fast track.

 

This case is allocated to the Fast Track.

 

Each party is to give standard disclosure by list by the 31 March

 

Statement of witnesses of fact are to be exchanged simultaneously by the 28 April

 

No party has permission to call or rely on expert evidence, none being necessary.

 

Each party must file a completed pre-trial checklist t no later htan 10 May and the claimant must pay a fee of £XXX

 

By the 16 March the Defendants shall serve upon the Claimants and file at Court the dates upon which they are available for trial within the trial period and the Claimant shall by the 19 March notify the Civil Listing Officer of the agreed dates upon which both parties are available. If either or both parties are in default of the above the Court will list the case for hearing in the trial window on the available information without further order.

 

Not less than 7 clear working days before the trial the Claimant shall file at the Trial Court an indexed and paginated bundle of documents which complies with the requirements of Rule 39.5 of the Civil Procedure Rules and the practice direction thereto, and shall serve a copy of it on the Defendant. The parties shall endeavour to agree the contents of the bundle before it is filed. The bundle shall also include a case summary of not more than 500 words. Unless the Claimant contacts the Court no later than 3 days following the conclusion of the Trial (or after settlement if the trial bundles have been filed) stating that they require the return of the bundles, the trial bundles will be destroyed without further reference ot hte parties.

 

The trial will be listed in the rial window of the three weeks commencing on the 15 June with a time estimate of 3 hours.

 

A hearing fee of £XXXX must be paid by the claimant by 10 May. If the court is notified in writing that the hearing is no longer needed the hearing fee will be refunded in full or in part in certain circumstnaces, please refer to the leaflets explaining more about what happens when your case is allocated to track.

 

Notes:

You and the other part, or parties, may agree to extend the time periods given in the directions except

where a rule, practice direction

etc etc (These notes seem standardised at the bottom of each page - let me know if you need to know the rest of them)

 

For ease of reference I've quoted this post which I think may help. Have they complied with any of the order? Have you done all that was require of you?

[steven4064]

So what Prudence should have done is

 

1. sent a list of dates when you would be available for trial by 16 March

 

2. sent a list of documents to be relied on if any (standard disclosure) by 31 March

 

3. sent a witness statement by 28 April

 

4. completed and submitted a pre-trial checklist by 10 May

 

Where all these done?

 

Who has applied for the strike out - you or the claimant?

[Prudence]

Thankyou Caro. Had visitors was desperate to get rid of (in the nicest possible way). WF didn't give disclosure by 31 March. I wrote to the Court and said we were unable to comply because we had had no response to our CPR request to WF (back in December) and therefore could not compile a proper defence. However I did provide dates we would be available for trial as the order reequested. There has been nothing from WF according to the Court.

 

Then we wrote to request a strike out and the Judge said that we must complete the appropriate form and pay the fee. Also the procedural steps were already set out in the Order (the one above).

 

Thanks Caro and thanks Post, much appreciate your help

[Prudence]

Think I crossed with your post steven. Hopefully the above answers.

[steven4064]

The form will be a N244 and the fee is £40 I think

[postggj]

Once Again

 

Meny Thanks Stephen And Caro

[Prudence]

Hi, what I wanted to know was is the judge likely to accept me not being able to comply with the procedural steps of the Order (post 202) because of non-receipt of CPR? Also, does the N244 form (which we have submitted & paid for) cancel out the fast track hearing due to take place 19 June? What do you think of WF not submitting anything to the Court yet, nor paying the fees requested? Or is that because the strike out hearing is now taking place on 18 May?

Do I just go with what was in my original Defence? Feeling very anxious now.

[postggj]

Relax Pru

 

Stephen Did It For Me With Welcome

He Was With Me Every Step Of The Way

 

Send A Kindly Nudge Pm

[caro]

I assume that the hearing for strike out is due to the non-compliance with CPR and lack of information. If you get the strike out then it will be game over, and there will be no more hearings.

 

You must point out to the judge that you would gladly submit a full defence if you could, but in the absence of sufficient information you're unable to do so. As there's insufficient information for the claim to proceed you are requesting the claim be struck out.

 

If you have any adverse information on your credit file ask the judge to order it to be removed.

 

I would also suggest that you take along a draft order for wasted costs, and ask the judge to use it if the case is struck out.

[Prudence]

HI Caro, yes that's correct. All they have done so far in this case is file an AQ. Thank you very much for that. Do I, at the Strike Out hearing, mention the mis-sold PPI (which I mentioned at the hearing for Setting Aside) and also the incorrectly headed Agreement, and unlawful charging of interest on the PPI amount, etc, etc. Or is the Strike Out hearing only for the reasons as to why I can't proceed with our Defence, ie the reasons you mention? THANKS SO MUCH CARO , STEVEN AND POSTGGJ

[steven4064]

CPR Part 3.4 deals with srike outs - there are 3 reasons:

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

 

(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

 

© that there has been a failure to comply with a rule, practice direction or court order.

 

 

In your case, it is either a) or c) (or both) because they have not provided documents to demonstrate they have a case and they have not abided by an order of the court to poduce such documents

[Prudence]

Thanks Steven. Feel so much better and much more confident with all of the input from all you great guys. Am getting on with the paperwork now so that I'm organised. Will probably pop up again from time to time between now and then.... so don't go on holiday or anything please! haha

[steven4064]

Here is a link to the relevant part of the Civil Procedure Rules - PART 3 - THE COURT’S CASE MANAGEMENT POWERS - Ministry of Justice

[Prudence]

I was preparing myself for a weekend of shuffling through papers and working on the case ready for Court on Tuesday.... and guess what arrived today Recorded Delivery???????

YOU GUESSED IT...... THEY'VE WITHDRAWN!

They sent us the Notice of Discontinuance with covering letter and said copied to the Court (obviously I will check with the Court on Monday)

I CAN'T BELIEVE IT!!!!

POSTGGJ where are you.... you stood by me all the way and I can't thank you enough,

Also Surfaceagent X20, Goldlady, Andyorch, Caro, Steven4064. Not forgetting Pt in the very beginning who spurred me on when we were so low and at our wits end. And many others who all contributed and helped. I hope I can now help others with the bit of experience I've gained.

THANKYOU THANKYOU THANKYOU!

What happens about the Strike Out hearing on Tuesday (we paid the Court £80 for that). Also as Caro advised, I need to ask the Judge to make an Order to clear our Credit Statement, how do we ask that, by letter?

[steven4064]

I presume the strike out hearing will be cancelled but you should ask the court those questions - maybe the judge will still let you present your case - after all he won't be busy then

 

But fantastic news - well done. And well done guys

[saintly_1]

[Prudence]

Thank you Steven and Saintly. Do I still need to present the case? Isn't it over now?

[Blossomandebony]

Well done, Prudence!

 

Don't forget to put in a claim for your costs now they have skulked off . . .

 

BAE

[Prudence]

Thankyou Blossom!!!! How do I put in the claim, by way of a letter to the Judge?

[Blossomandebony]

Hi, Prudence,

 

One way to claim costs is through a wasted costs order, and it is free. See this link, (and adapt to your circumstances).

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/143-wasted-costs-order-

 

BAE:)

[Prudence]

Thankyou Blossom, I'll have to have a think about the wording. If anyone has any idea how I can phrase it, I'd be grateful, and what sort of amount is reasonable.... I have spent hours and hours on this... and CAG should get a nice donation out of it!!!!

[caro]

CPR38.6 covers costs PART 38 - DISCONTINUANCE - Ministry of Justice

 

This thread may also give you some food for thought.

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/134172-sharpman-nationwide-credit-card-6.html#post1805020

 

My suggestion would be that you write to Cohens about the wasted costs and removal of adverse information from your credit file, with a copy to the judge.

[Prudence]

Thanks Caro.. 38.7 looks like the Claimant can make another claim, even after Discontinuance! Oh no!