Going for CCJ, no wait, we've changed our mind!

[CHRIS581]

Bump...

[CHRIS581]

Any more thoughts guys?

 

Need to submit defence on, or before Monday 25th.

 

Now I've said I'm defending - do I (failing anything to do with unenforceable agreements), modify my stance to defending against a charging order?

 

At what point do I hit them with CPR 38.7, as they haven't (according to the court) sought any permission to bring the case again?

 

I'm not trying to avoid it, but don't want to pay them what we can afford - without the charging order bully boy tactics...

 

Again - if the 'Together' agreement is valid??

 

Any ideas appreciated.

[CHRIS581]

Hi guys, just filling in my AQ ..... and going through my all my paperwork,

and last time the action was brought - then discontinued.. and last time (2007) they also had issued a default notice - without the required 14 clear days to remedy.. they also terminated the account.

 

Even with my limited knowledge, they terminated the agreement, now have issued a new (non compliant - again, Lol!) default notice, and terminated the agreement again?????

 

Can anyone explain where this leaves the alleged agreement???

 

Doesn't add up to me Lol!

[andyr666]

Even with my limited knowledge, they terminated the agreement, now have issued a new (non compliant - again, Lol!) default notice, and terminated the agreement again?????

 

Can anyone explain where this leaves the alleged agreement???

 

Doesn't add up to me Lol!

 

It possibly leaves them up the smelly creek without a paddle

Grab a big cup of tea and read this very interesting thread http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

[CHRIS581]

Had a letter from Gateshead Court this morning - giving them until the 15th July to enter their AQ and pay the fee, otherwise it will be struck out.

 

Is this standard practise for Eversheds or similar, to leave it so late?

 

What if it would have been me????

 

Any thoughts?

 

It also arrived with a letter from NR about our account being in arrears...

 

I was confused before!

[bazaar]

Theyll usually wait til the last possible moment to screw with you

[CHRIS581]

As you predicted bazaar, they did indeed get it in, just before close of play yesterday....

 

All well and good - but they still did not apply for permission to recommence proceeding.

 

I'll be interested to see what the honorable judge thinks about that, to start with.

 

Had another letter about possible legal action as well.......

[Poppay2]

Hi Chris581

Just read your thread with great interest.

Have had Cobbetts taking me to court for the last few months, now at almost the final hour, they are striving to reach a settlement outside of court, so much so, that they have begun to ring and email me in order to make contact with me.

They want me to agree to pay the legal costs and say my offer is too low and now want I&E details.

I emailed to say that I had already sent these numerous times.

Havent heard anything back since that email.

But am very confused and at a loss where to go next.

Good luck to you.

regards

P

[CHRIS581]

Hi all, if anyone is still there....

 

Anyway, after a lot of nothing... Upon the courts own motion..

 

It is ordered that

 

The claimant to file and serve a defence by 15th September- (the day after the letter was dated.)

 

Checked today - they didn't, but have applied for more time...

 

I wonder what would have happened if it was me?

 

According to the court, the DJ is still considering it.

 

So what are my options?

 

IF he does grant it, then , they get more time (thought they would have got their act together by now...)

 

If he doesn't ?????

 

Will they just - discontinue (again), and start some more action (again)....

 

*yawns* and goes back to the gin....

 

[Sunshine54]

hi Chris

this is ridiculous! I am a novice so all I can do is commiserate and ask questions.

 

if the agreement was terminated how on earth can it get to this stage?

If they didn't apply to the court to recommence proceedings how on earth etc

If the DN was not issued or was defective how.....?

 

now I'm heading for the wine

 

I thought that I was beginning to understand some of this 'stuff' lol

Edited September 30, 2009 by Sunshine54
yet another typo

[CHRIS581]

Hi sunshine,

 

Yes, how the ????, I don't know!!

 

Its like watching a period drama, where the peasants (us) are treated as such, and the solicitors / judges etc - are part of an elite club where they organise and discuss things, over a gin (lol!) behind close doors, where plebs like us don't go and wouldn't understand....

 

Lets see what the DJ comes up with....

 

Me, or a huge solicitors (who couldn't file a response to my defence)..

 

Knowledge is power. Its the same now as it always was....

 

He will grant them more time, IMO, as their all in together, and look out / protect / promote each other, it's amusing now....

 

ps - you will never understand this stuff. lol! I don't know who does!

 

[CHRIS581]

Well just as I predicted - as I've only just had the letter....

 

The judge has given them until the 25th October to get their act together, and our telephone conference has gone out the window - as we now MUST attend a hearing on the 15th December....

 

So 5 weeks longer than they should of had....

 

Great, if it was the other way -he wouldn't have given me the steam off his tea....

 

Why hasn't the fact that they didn't apply to recommence proceeding as per CPR 38.7 made any difference???

 

Also had a letter from NR asking to pay the arrears...

 

Any thoughts?? I better start getting my head back round it all...

[CHRIS581]

Bump...

 

Any thoughts?

 

I think this is the start of the same process - that they never resolved last time - when the would not accept my offer and preferred nothing??...

 

But, they have lamped on vast 'charges' to the outstanding balance...

 

Ho hum.

[CHRIS581]

Well, apparently Eversheds are (yet again) not proceeding with action

at this time...

 

Hmmm, waiting for the letter to confirm this.

 

I wonder why.

 

:-|

[spamheed]

You might want to consider going for a wasted costs order and also having them declared as vexatious litigants.

 

Taking somone to the brink of a court hearing twice and then pulling out without good cause? rediculous

[DonkeyB]

Spot on spamheed - get your costs in quickly. Though it may prove expensive, if you are rich and bloody-minded (fat chance!) you could actually not accept their discontinuance and request that the court hears the case. I wonder what they'd do then... may be the easier way to get a judge to rule they are vexatious, as other methods are tricky - you would have to prove they are being vexatious.

 

How did you find out they've dropped it? Do make sure you get a copy of the discontinuance - check with the court that they have received the form. It has been known for naughty claimants to tell someone verbally they're discontinuing, then going ahead regardless...

 

Incidentally, have they sent you any 'statement of account' recently as they are required to do by law?