Creation Consumer Finance claimform - old Fridge loan - struck out - they tried again - **WON+COSTS TWICE**

[Desperate Daniella]

Hi Intree,

 

Very good luck with this one. They are behaving appallingly, and I'm sure the judge will see right through them.

 

TLD, Can I ask you a question, please. You've said that if there is a strike out the other side can apply to have the case reinstated within seven days. Does this apply in every case? I've had a look at CPR 3.4 and it says a claim can be struck out if there "has been a failure to comply with a rule, practice direction or court order." Have I missed something about seven days? I applied for a strike out yesterday because the other side had not complied with the order for standard disclosure. If the judge grants it, will the other side automatically be given seven days to appeal against this?

 

Any information on this would be gratefully received.

 

Thank you.

 

DD

[bebell]

Hi, just read all the above about Creation consumer what was you outcome? as I am in court with them next month for a similar thing.

Thanks

[intree]

Hi there,

 

I have won this against the claimants in court, but in order to assist you, the site really needs more information about your problems and have you had the agreement and a default notice from them? if so, can you post these up so you can be advised by the many helpers on this site.

[hunni2006]

any news?

[intree]

Hi yes, a summary costs hearing is to take place and the order for them to pay will follow from that, they also failed to request the claim be reinstated to date.

 

so just waiting to see what happens next really

[hunni2006]

fingers crossed for you!

[intree]

I am hoping is someone can give me some advice,

 

Through the help of this site I got a claim struck out for non compliance in Junee 2009, then I applied for LIP costs through a Notice of commencement of bill of costs againsts the solicitors who greenhalghs.

 

I then received a letter from the Court that costs are not normally paid in small claims courts, unless there has been unreasonable behaviour, they also stated they were now amending the strike out of June 2009 and included

 

Amended

 

"that the claim is struck out as detailed in the Order dated 7 June 2009; due to the unreasonable behaviour of the claimant, the claimant pay the defendants Litigation In Person Costs, subject to Summary assesment"

 

Date of Hearing for Summary assesment on 24 November 2009 at 12.00.

 

Dated October 2009.

 

 

I am not sure if I need to attend the Hearing or if the other side will attend or what I need to do at all.

 

Thanks for advice as always

[BankFodder]

Yes, you should attend. Have with you a detailed breakdown of the costs you are claiming - make sure that it looks reasonable and not greedy.

Include a provisional claim for the costs of attending that day too.

 

Send a copy of your breakdown to the court and also to the other side.

In a letter to the court tell them that you are including the breakdown of your costs and that you have served a copy on the other side.

 

Attatched to your breakdown of costs include any explanatory notes you feel you might need to make in order to clarify or explain your claim.

Also, wriote a brief account of the way in which you consider that the other side have behaved unreasonably - that they started the claim and that they did not go on to litigate reasonably or in a timely manner etc and that you did conduct yourself correctly and gave no trouble or inconvenience to the other side or to the court.

 

Make sure that this is all sent to the court and to the other side at least 14 days before the hearing date. Better to deliver it all to the court and make sure that you get a receipt for the documents.

[intree]

thanks for that, I have already sent the other side a bill of costs in the detailed assesment application and copies were sent to the court too, I am having problems with changing a hospital appointment for the same day, so may need to cancel the appointment if I need to attend.

 

I have claimed 580 plus the detailed assesment application costs, not sure what to claim in regards the Hearing say if I have to attend, but will do as you advise, however not sure if I should send in all the claims history as it has been on file to date.

 

I am also not sure how to enforce the costs order as the other side has ignored everthing from me and the court since they were told the claim has been struck out for their unreasonable actions in this claim.

 

I hope that this information is useful to allow some more advice.

 

I would be grateful for the advice to the above post

 

bump for advice pls

[intree]

I have recently won a claim against Creation consumenr finance with costs against their solicitors and them in Court, which are due to there unreasonable behaviour in the claim.

 

The costs are to be awarded at a summary costs hearing next week, which I will be attending.

 

HOWEVER!

 

This morning Creation consumer have sent a FSA statement informing me that I owe them 1084.50 + 1250 interest for a loan took out with a different company from the original in the claim, and with a different date on the agreement.

 

Now my concern is that they are going to play silly buggers as they lost in court and are trying it on again!!!

 

This time they have changed the dated agreement (from the information on the FSA statement) the amount and the account number do remain the same though.

 

I was just wandering if I should bring this to the courts attention next week or leave it until they default me (they will do it right this time, as this is just a game for them) then provide a doctored agreement, is this not against the law and perjury?

 

I have all the original court documents and file in a box file and will keep for 10 years as they are going to do their best to lie and cheat.

 

All advice appreciated please

[intree]

Bump for advice please

[supasnooper]

A Judge will not be interested in the new developments.

 

Why ?

 

Because the Courts are self-funding and need to generate fees.

 

Just look at it as more costs for you, especially if they fabricate amended legal documents.

[intree]

thanks for that reassurance Supasnooper as I was getting worried about this one again as they were always very nasty, until their claim was dismissed with 700 quid costs.

[intree]

Please can I have some advice, I am attending a Summary costs hearing next tuesday and have put together a schedule of costs and a schedule of preliminary costs to attend the hearing on tuesday............most of these costs were claimed against creation consumer finance of belfast - however I am wandering - will the solicitors who acted for them be liable too? as they were also unreasonable in this claim or would I need to go for a Wasted costs order against them - if so, how do I do this at the Summary costs hearing.

 

Can someone also please advise, if creation consumer finance fail to pay within 14 days as the order may state - how do I get them to pay me from Northern Ireland.

 

The solicitors are based in Wigan - so not sure what to do about this, all advice is greatly appreciated as always.............thank you all

[supasnooper]

IMHO, it's the claimant who is responsible for paying costs.

 

Sorry I can't help with the remaining points.

[intree]

Thank you supasnooper, ok I will note that, hopefully someone with knowledge on the other points will soon look too.

[intree]

Hi Just bumping on how to enforce judgement against creation consumer finance in Ireland.

[pompeyfaith]

you can apply to have court balliffs sent in or a garnashi order spelling sorry with the second you will need their bank details as the court will send an order to there bank

[pompeyfaith]

if u look on the hmcs site for forms there is one there sorry i cant remember the number of it

[supasnooper]

Can someone also please advise, if creation consumer finance fail to pay within 14 days as the order may state - how do I get them to pay me from Northern Ireland.

 

 

have a look at this thread -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172998-noomill-industrial-temps-application.html

 

Maybe worth asking the thread OP to comment on your thread .

[intree]

Thanks for the advice supasnooper AND pompeyfaith, who is the thread OP? sorry for asking I dont understand, will also read up on the above now.

[supasnooper]

noomill060 is the original poster.

 

I've pm'd noomill, asking him to look at your thread.

[pompeyfaith]

Here you may find this useful:

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex321_0406.pdf

 

PF

[noomill060]

Ok-

 

No, you have judgement against them already, all the next hearing ws for is to decide costs.

 

(When did you get judgement? Have they appealed?)

 

1) You said their solicitors are in Wigan? Have you had any contact from solicitors employed by them in Norn Irn?

 

2) Solicitors in England are BARRED from practising in Norn Irn!!! This is abuse of process, I would draw this to the judges attention if you havent had any contact from solicitors iver here.

 

3) Easy enough to enforce judgement in England from Norn Irn, but you have to do it through a court in London first and get approval to set bailiffs on them.

(Queen's Bench Division in the Strand)

 

You can get info how to do this from Enforcement of Judgement Office in Bedford St in Belfast.

 

4) Will your case be heard at Craigavon? If so, I'd be delighted to meet up if you would like some moral support.

 

5) What is Creation's address in Norn Irn? To enforce in Norn Irn you just go through the Enforcement of Judgement Office.

 

Two forms you download and print off and send together with the fee.

 

Form 1 first with a £20 fee, then if they still havent paid-

 

form 2 with a £10 fee, then leave it up to the EJO.

 

It took me 10 months for them to get it sorted, so dont hold your breath.

Edited November 22, 2009 by noomill060

[intree]

thanks noomill

 

I am in leicester Uk, the finance was provided by Creation consumer of Belfast, they terminated the agreement with a invalid default notice in October 2008, I fought this will all the help of this site and its many good decent helpers - I won, as they failed to respond on time.

 

In June 2009 they again failed to provide docs - ie DN - or the prescribed terms, the claim was struck out for non compliance, in July 2009 they received this order - no response.

 

In August they informed the court that they (greenhalghs solicitors, were moving offoces so did not receive the forms, they then did not appeal or set aside the set aside, In July 2009, I applied for detailed assesment and costs to the value £573, they again failed to respond.

 

The court has now asked us to attend a summary costs assesment at which we will claim the above, plus the fees, I am also claiming for the cost of attending on tuesday...........once the claim is awarded I have taken the advice above and will then apply to the High court for a writ and then apply this as detailed above

 

Thank you so much for the advice as these collectors and the original creditor have just been awful.