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

[intree]

Hi Thanks for that

 

None of the disclosures was made, apart from the Agreement - and Certificate of name change, they did not send a DN to the court but sent me a copy of one (as posted above) which did not allow the full clear days for remedy.

 

They ignored the CPR requests and also did not deal with the letter which was sent to the court, so don't know why they were ordered to reply, but was hoping to get this ended as soon as possible to be honest, but if you say don't then what is my next step in this matter and why would they not respond?

 

thanks

[I've got no money]

What you need to do is pursue your CPR requests - do the other side a letter, attach your cpr request to it - give them 7 days to provide the requested information if not tell them that you will make an application for an order requiring compliance. 7 days after your letter and assuming that they haven't complied make an application on an N244 for an order that they comply within 7 days and costs. Assuming that doesn't get the documents a further N244 this time applying for an order that they provide the docs within 7 days in default the claim is struck out and costs.

 

The other thing to say is that you need to have asked for a copy of the ORIGINAL ASSIGNMENT as well as the notice. If you haven't then you need to add it to your letter chasing the cpr 31 request

[intree]

Oh right

 

I will check with the court tomorrow again as they stated they could not check as the system was down at 3pm, so will check again tomorrow at 09.30 and then send the letter, it appears that , may need to spend even more money to get this one out than anticipated.

 

How can they just ignore all orders etc and my requests and just be allowed to continue with a claim, I wrote to the court for a DJ to intervene as they did not put in their AQ until 09 February 2009, which was 3 months from the date allowed............... justice hey.

[I've got no money]

The problem, in my view, is that the court service now has to make money. If a DJ just makes a decision on the basis of a letter (even tho' s/he can) there is no fee...However on an N244 there is a fee.

 

As a general rule the only way that you can guarantee that the court will do something is by making an application on an N244 and paying the fee. Don't forget that if you succeed in an application you usually get your costs back from the other side.

 

In litigation time limits have always been "flexible" the CPR when it was introduced was supposed to tighten things up - and to be fair it did at first but as time has gone on its' reverted to the old system.

 

Unless an Order has an express sanction attached to it nothing terrible happens if you don't comply by the due date.

[intree]

Just spoke to the Court, they have advised that they are to put the file to the DJ who issued the order and that they will get a Unless order/or may be struck out for non compliance as the matter has not been addressed.

 

So if this happens what happens with the amount I owe and can they claim against me again and again etc.

 

Thanks

[sillygirl1]

Good luck with this, once you have the strike out or Unless order you can copy it to them (or their successors) every time they try and claim again.

 

Or let them take you to court again and use the Strike Out and/or Unless order as part of the defence if they still push hard... that will make the judge open their eyes a bit...

[intree]

I just hope this will soon come to an end as they have been real bad in this claim, they dont seem to care about people and what problems they are going through.

 

Anway - through the CAG - I appear to have confronted every angle they have taken and just thank god that this site and the many kind people on here, continue from strength to strenght, as without this site I would be sitting here with a CCJ and even more harrasment.

[I've got no money]

Costs - Assuming the case is struck out you are entitled to your costs of defending the claim - paid as LIP costs by the claimant.

 

I'll explain what you need to do once you know what's happening

[intree]

Thanks

 

I was called by the Court and advised that I should wait 7 days and then ask the court for the Files to be sent to the DJ which will be next Friday.

 

As soon as I ahve some new information/news Ill be back with that on this site.

 

Thanks for all your advice.

[intree]

Hi just called the Court 20 Minutes ago for information, they have now decided that the claimant is not providing the information they were ordered to provide, the matter is to be put before the same DJ as before, we were advised that the course of action would be that which the DJ orders in writing within 7 days.

 

Just hoping this will be to Strike our of the claim or a unless order.

 

dont think it looks too good for them at the moment - but they are leaches and I am sure they will be back for more of a fight ......

 

any comments welcome as usual

[I've got no money]

Now that sounds promising - the DJ won't order a strike out but you may well get an unless order - it'll save you the hassle of having to apply for it - perhaps it shows that sometimes my view of the County Court system can be too cynical

[intree]

Thank you for your comment as soon as I get a response from the court I will post it up.

[intree]

update

 

still waiting for Court to issue something (if at all) spoke to them on weds ref above.........will call them again next weds if nothing comes back with a written request that the file be placed before the DJ who made the order.

 

Any advice appreciated - thanks to the CAG I think I am now on top of most of these vile creditors, since my redundancy I have had a bit more time to deal with them - even though it costs a fair bit - hope it will be worth the effort in the end, so I can make a donation to the CAG instead of these leaches.

 

Thanks

[I've got no money]

I wouldn't worry too much - most courts seem to take a least a week from them passing a file to a DJ to them getting it back - then they've got to type it up...

 

Just give them a call, like you planned, on Weds and see what they say

[intree]

Thanks IGNM - would it be worthwhile if I have not heard by wednesday to write to the Court to ask that the claim be put B4 the DJ, I just want this to go away as I have a few more I am trying to deal with and this appears to be the worst DCA of them all - AT THIS TIME - anyway!!

[I've got no money]

At this stage I would just give them a call on Weds

[intree]

Just a update - still not been before a DJ so just gave them a reminder that the claimants have failed to respond as detailed in the Order.

[intree]

Just called Court, as nobody came back to me as they promised.

 

Spoke to the case manager and he advised that the file has not been sent for the attention of a Judge and is on hold awaiting the Claimants response, the manager advised that it can stay there for up to several weeks unless, the claimants discontinue or we ask for it in writing to be put before a Judge.

 

So we have been now asked to write to the Court to be put before the same judge as made the order, if we do not write in it will be put before any available Judge, who may just extend their time to allow a response again.

 

so we have taken their advise and written as follows - hope that this is correct, as we need to get this matter sorted out - hopefully soon.

 

We wish to advise the Court that based on the Order above; the Claimants have failed to respond to the request for information by 15 April 2009.

We wish to advise that this is a procedure the claimants are adopting in all matters; the Court will note that the Allocation Questionnaire had been put in 3 months late; again this was against the overriding objective of the Court.

Accordingly, please can this file be put before District Judge xxxxxxxxxxxx ? This matter can then be addressed under the Court’s overriding objective to allow the matter to proceed or be struck out without further complications, which the Claimants have continued to cause.

Yours sincerely

[DonkeyB]

If you can afford it, £75 and an N244 is what you need - then it has to go before a judge pretty quickly. They tend to ignore letters.

[intree]

Hi DB, I wish I could afford the £75.00 as I would love to get rid of this one, but unfortunately I am unable to do so at the moment, The Courts just are not bothered by a LIP instead they let the claimant do and abuse the system, with no recourse to Justice...............of course unless you pay....£75.00

 

Surley if they (the Courts) could see the distress these DCA's cause by issuing defective claims and default notices, which the Courts then just sit on the fence with, the claims would be struck out with just a letter, but it appears that Money Talks!!

 

I will wait for a response for 7 days and then probably borrow some money off my brother and ask for a strike out, but there is no gurantee that this would be struck out even then, based on what the case manager was saying.

[I've got no money]

To be fair - its' not cos your an LIP - the courts would be the same if you were a Solr. The courts work on application notices.

 

Don't forget that you may qualify for fee remission

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/195872-court-fees-remission.html

[intree]

Hi IGNM, ill look into that right away......

 

Ill post any updates as before

 

Thank you

[intree]

UPDATE

 

After waiting for a response to my letter of April 2009, I called the Court on Friday and they have now sent a Notice of SMALL CLAIMS HEARING.....!!

 

AS FOLLOWS

 

Take Notice that the SMALL CLAIM HEARING HAS BEEN RELISTED AND WILL NOW TAKE PLACE ON:

 

3 AUGUST NOT BEFORE 10.30 AM

 

At XXXXXXX XXXXXXXX XXXXXXXXX

 

When you should attend

 

2 hours has been allowed for the SMALL CLAIMS HEARING

 

Please note: this case may ve rreleased to another judge possibly at a different Court.

 

 

Now I am confused - the other side have failed to respond and I asked that the case be put before the DJ who made the order and this comes back.

 

What a waste of time and money.......the lenders can do and say as they please and still get away with it.

 

JUSTICE!!

[I've got no money]

You need to make an application on an N244 for an Order that they comply or are struck out

[intree]

OK do I do that now, despite the Court Hearing and how do I do that as soon as possible or just before the Hearing?

 

Thanks