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

[intree]

Polite bump

[Toulose LeDebt]

Greenhalgh's appeared on Panorama last year fast forward to 19mins.

LINK

 

"We will hound you......":eek:

[intree]

I know - just think how I feel, I am having a hell of a time, is anyone else with these vultures?

 

Sad hey, but you know what they say what goes round comes round, their days will come one by one.

[noomill060]

No crystalsea, they dont- but you need to know how to fight them.

 

That is what CAG is for.

[intree]

I did win this claim, BUT NOW THE CLAIMANTS ARE TRYING TO GET IT REINSTATED BY INFORMING THE COURT THEY RECEIVED THE ORDER LATER THAN THE TIME PERMITED FOR SET ASIDE ETC, BY 10 DAYS.

 

SO HERE WE GO AGAIN

[42man]

Have a look at these Intree...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/187687-phoenix-recoveries-time-via.html#post2019671

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/126664-court-hearing-25th-feb-15.html

[intree]

Thanks 42man

 

I just can not get my head round res judicata and abuse of process, to defend this, as the claim had not been to trial, but was struck out, so would that be a judicial decision only allowed to be challenged on appeal.

 

The other thing is they have written to me and in that letter they confirmed they received the order in question on 10 July 2009, so they did receive it, and chose to do nothing until I put in a application for costs, now all this comes to a head..............so in my opinion they are using the courts to harras me for asking for costs against them, which they are challenging too in their application (so they say).

 

more advice is greatly appreciated so that I better understand the position to argue against the application they will make.

[Blossomandebony]

Hi, Intree,

 

Trying to get the judgment set aside on the basis of 'Oh we changed address and didn't receive the judgment' is bonkers and I can't believe they would actually consider this excuse to a judge!!

 

That is, any normal, right - thinking human being, with a brain, tells the post office to forward their mail to their new address, ( I think there may be a fee), for, say, 6 months after they've moved! Not rocket science, is it . . .

So:

 

I suggest you pose questions to the court and the company about this 'supposed' change of address.

 

Did this so called professional legal company ask the PO to forward their mail? If not, why not?

 

If they did, who in their organisation was responsible for contacting the PO?

 

On what date did they request forwarding of mail?

 

Why did the PO not forward their mail?

 

Is there a reference number given by the PO, to show that forwarding of mail has been requested?

 

Etc . . .

 

This line of questioning should prove 1 of 2 things:

 

Either, 1. The company in question are idiots, or

2. The company in question are liars.

 

I can't see the court allowing their application whichever they are . . .

 

BAE

[intree]

Thank you for your response - I am trying to understand the manner in which they are proceeding but can not.................they are either like you say liars or just crap solicitors with a bad way of losing.

[intree]

any advice as always - appreciated - willpost up the details when they are sent by the court in their application for reinstatement.....

 

thanks

[noomill060]

I would be very suprised if the judge allowed them to reinstate this.

 

Judges arent stupid and can see through disingenuous nonsense.

 

In my opinion, they are simply trying to buy some time before they have to pay your costs, they can run but they cant hide and they will have to pay you.

 

It will choke them- and wont it be delicious when their cheque arrives.

 

(No doubt stapled to a "With Compliments" slip.

 

With compliments- hmmmm translated- "Heres your money, damn you!!"

 

Just savour that moment, in anticipation of the event.

[intree]

Thanks for your support Noomill060, I called the court, they confirmed that they have not received any application from the claimant in this matter, other than a letter confirming a change of address and stating they were to put in a application!!

 

I dont know what they are up to, but on 24 August their time to pay up is up, I will then send the application sent to them to the Court for a costs assesment.

 

I have had enough of these idiots honest................without this site I would not have won and be here now, I am hopeful that the Judge will see their excuse as feeble but just hope with a big H.

 

thank you all

[Toulose LeDebt]

A letter to the Court is pathetic and legally counts for nothing!! (But free).

 

An N244 to the Court is a formal application (presumably)to get the judgment set aside!! (But costs £75).

 

Promptness is the issue with a set aside application in these cicumstances.

IMO they have not helped themselves by writing a letter when they should just have filed the n244 instead.

They have of course now admitted receiving the last order (too late for the first one anyway) so if the n244 was not filed within 7 days of receipt (as per the order) I'd say they were shafted anyway.

 

The earlier order states the case will be struck out by **/**/2009 without further order so that was the strikeout not the second which was just really confirmation the case was struck out.

 

Out of time Greenhalghs sorry. Next please!!

 

And as for those stupid childish animal pictures why not just change them to a bunch of 'cocks', much more you.......:p

[Toulose LeDebt]

 

The other thing is they have written to me and in that letter they confirmed they received the order in question on 10 July 2009, so they did receive it, and chose to do nothing until I put in a application for costs

 

Sorry Intree I missed this earlier.

 

In the event that a formal application is made you will of course allow Greenhalghs to tell the Court they did not receive the order before producing this letter won't you? Don't spoil the fun and pull it out too early a Judge who has been lied to is a good ally.

[intree]

I have already sent the Court a letter Toulose LeDebt that they sent me, I also advised them to send me their points of dispute by 21/08 or I will ask for a detailed assesment against them for which they will be liable for the costs.................In addition I have asked them in the letter when they moved and what letters they have or not received up to 10 July 2009.....................I am now waiting for a response, failing which I am continuing with the action as detailed in the detailed assesment application.

 

I will keep you poseted and let you know what happens - Thank you

[Toulose LeDebt]

That's fine then so when the formal application is made the Court will already know that they did receive the order much earlier than they claim, and as the orders are worded very carefully; they had seven days from date of receipt. Not date of order or date of sending or date of being deemed served but seven days from date of receipt There's not much point writing to the Courts on say 2nd August blubbing that they didn't receive it until 1st of August then filing an application on the 10th of August or later because the Court will say sorry out of time you received it on the first so that's when the seven day clock started ticking.

[hunni2006]

I did win this claim, BUT NOW THE CLAIMANTS ARE TRYING TO GET IT REINSTATED BY INFORMING THE COURT THEY RECEIVED THE ORDER LATER THAN THE TIME PERMITED FOR SET ASIDE ETC, BY 10 DAYS.

 

SO HERE WE GO AGAIN

 

any news on this?

[intree]

Hi I have just returned from a little break, so have not had chance to post anything, but I have just spoken to the court and they have received not applications from the other side apart from a letter dated 29 July informing the court that they did not recive the order until the 10 July 2009, since that time the court have not had any further contact from them.

 

The last order was dated 29 July 2009 as follows:

 

 

Before District Judge xxxxxxxxxxxxxx

 

Upon reading a letter from the defendant dated 10 July 2009, the claim having already been struck out pursuant to order dated 7 July 2009.

 

IT IS ORDERED THAT

 

Claimant pay defendant's costs to be subject to detailed assesment if not agreed.

 

Dated 15/07.2009

 

I put in a cost assesment notice served on the solicitors on 31.07.09, they have 21 days to send their points of dispute, (today), I will now apply to the Court to order them to pay in the form of a costs certificate, which they will have to pay 45.00 for.

 

so I just do not know what they are doing but the application for costs xertificate from me goes in to Court tomorrow or monday.......for them to pay up..

 

I dont think they have any chance of using their exuse now, as even the court officer stated they are well out of time, even if they did receive the orders dated 7th and 15th July - it is not 21 August 2009???

 

so hope this is the end.

[citizenB]

They will need the permission of the court to try again.

[intree]

sent in my application for default costs....................if they do not pay up once received may have to call the bailiffs???

[intree]

Hi

 

I have been having a long battle with Creation now have finally had the case struck out and commenced cost proceedings and sent these to their solicitors on 31/08, they failed to serve points of dispute, or respond.

 

The court is now to issue a Default costs order, against the claimants, but I am not sure how I enforce this if they do not pay, as the solicitors are based in Wigan and the claimants are based in belfast..............

 

What procedure do I use or do they pay up on the courts order within 14 days................I do hope that I can respove this soon, as I have had enough of these idiots already.

 

What would happen if they ignore the costs order as they have ignored everything to date?

 

the costs including the default certificate come to £650.00 to date.

 

Thanks

[42man]

Hi Intree...have you rung the court to check, I think you have to apply to the court - this might help - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/211818-lowell-hampton-statutory-demand-7.html

[intree]

Hi 42man I have applied and they have informed me that they will be sending the default costs certificate direct to the claimants (solicitors) so, I was just wandering how I collect this and would it be from the solicitors who have been dealing with the matter?

 

They were named in the default costs order as they have informed me that all documents have to be served to them.

[sleepingdog]

Hi intree , when I was awarded costs against well known solicitors acting for NatWest the court awarded costs to be paid within 14 days. The cheque arrived from the solicitors within days of judgement. Hope this helps slightly.

sleepingdog

[spitfire650]

Hopefully the solicitors will arrange within the terms of the order.

 

Failing this, you will need to enforce the order against the claimants (not their solicitors).

 

Because they are in Belfast, you will need to register this with the Northern Ireland Court Service. They have a website which explains the process at:

 

Northern Ireland Court Service

 

Good luck!