Marlin/Mortimer CCJ HFC Marbles Card - Set Aside Help **WON plus Costs**

[AndyOrch]

Nothing to report I'm afraid..

 

No letter from MC in response to mine of last week, and I know they received it last tuesday as I sent it recorded delivery and I have the Sig for receipt..

 

I know they like to play close to the deadlines and there have been postal strikes but this is too close so I guess I need to prepare for my second set aside..

 

Perhaps the A team could step in and advise how I go about this..

 

Thanks,

 

Spam.

 

 

Hi Spam

 

N244 set a side NoD as you a re prob aware, however in your interests alone have you tried speaking to the Sols before you make this move and and ask what their intentions are to your proposals.One phonecall could make all the difference and save further costs.IMHO

 

Regards

 

Andy

[Spamalot]

Hi Andy,

 

I did consider emailing them as there's the postal issues, but when I've done that in the past they've never replied.. Also From past experience with phone calls to them , that is like pulling teeth... you just get told to ring back, person you wants not in the office, we'll call you back ,they never did..... You know the scenario

 

I don't particularly want to drag this out for much longer, but I don't trust them as far as I could throw them... it's a dilemma and I don't want them mucking me about so I run out of time!!

 

Spam.

[foolishgirl]

I agree with andy re. an attempt at contact spam if only because of the present postal strike & it may impress on the court your reasonableness etc. when it comes to awarding costs when you win the case.

 

All it takes is an email copying them in your corresp, pointing out they received it on xxx & that to date you haven't received their response so in view of the postal stirke you'd like to invite them to do so by email by 5.00pm on xxx (give them 24 hours). Failure to submit their response by that time will be taken as a refusal of your proposals for settlement & you will pursue a legal course of redress forthwith & without further discussion with them.

 

The set aside application has to be an N244 along the lines of:

 

xxx County Court

Case No: xxxx

Phoenix Rec. etc. v Spamalot

 

 

I, spam, make application to the xxx County Court to set aside the Notice of Discontinuance issued on xxxx by Phoenix Rec. (copy attached)

 

The claimant discontinued this case under CPR 38.2(1) before the defendant had been afforded the opportunity to submit a defence in accordance with the court's directions given on xxxx (copy attached)

 

This application is therefore made in accordance with CPR38.4

 

The applicant believes she has a valid defence to the claim made against her & she wishes to exercise her right to a fair trial in this matter.

 

Don't think you need to add a statement of truth to this one (check with court), just sign & date but you def. have to serve a copy of the application on MC so send Rec. Del.

[Spamalot]

Thanks FG, Andy.

 

I will await the post tomorrow, if still nothing I will email as suggested and see what happens..

 

You advice as always is much appreciated.

 

Spam.

[Spamalot]

Well,

 

There was nothing in the post from MC yesterday so I emailed as suggested with the above, attached a copy of the letter and gave them 'til 5pm today to respond . Surprise surprise, they did not respond and there was still nothing in the post.

 

Once again my correspondence has been ignored by this shower so it's time to take the gloves off. They didn't even have the common decency to acknowledge the letter or email and say thanks but no thanks..

 

Guess it's time to roll out the n244 .... again:rolleyes:

 

Spam.

[angel_1]

WOW Spamalot

 

im in awe of your determination, i hope i dont falter when it starts getting tough for me, so i will keep coming back to this thread for encouragment

 

keep on going, and best of luck

 

have a fun eve laters angel x

[AndyOrch]

I would fully agree now you have given opportunity to the Claimant to respond.Retain proof of your communication Spam.

 

Regards

 

Andy

Edited September 23, 2009 by Andyorch

[r&b]

they re makin spam angry.......and they wont like spam when shes angry...

[Spamalot]

they re makin spam angry.......and they wont like spam when shes angry...

 

Too right R&B,

 

[AndyOrch]

N244 time then me thinks Spammy:D

 

Andy

[foolishgirl]

.

 

Once again my correspondence has been ignored by this shower so it's time to take the gloves off. They didn't even have the common decency to acknowledge the letter or email and say thanks but no thanks..

 

 

Be generous in victory spam - it will make you look wonderful in court & will give them no grounds to contest costs

 

N244 here you go again...

[Spamalot]

Ok, I'm looking at an n244.... does the set aside of the discontinuance have to to be dealt at or without a hearing?

 

Also, do I have to pay for this application as I've only just recently flung my cheque book back at Lloyds

 

And... what information will I be relying on in support of my application?

 

Is that the copy of discontinuance and my corres with MC or do I have to state something else there?

 

Thanks again guys... sorry to be a pain. Gonna be a long time before the fat lady sings at this rate.8-)

 

Spam.

[Spamalot]

Hello Guest..

[foolishgirl]

Hello Guest..

OMG, they're not working this late surely? Do MC pay such small peanuts they have to burn the midnight oil??

 

Ok, I'm looking at an n244.... does the set aside of the discontinuance have to to be dealt at or without a hearing?

 

Don't think you need to apply for a hearing but check with the court. It's your right & you are not putting forward any arguments as you were in the set aside.

Also, do I have to pay for this application as I've only just recently flung my cheque book back at Lloyds

 

Sorry, think you do but you will get the cost back when you win Check with the court on the fees. I think it will be £75.00 again so you may have to go to the hole in the wall & pay cash in person at the court unless you have a pal with a cheque handy.

And... what information will I be relying on in support of my application?

 

Is that the copy of discontinuance and my corres with MC or do I have to state something else there?

 

You are applying under CPR 38.4. Other than that just attach copy NoD & the court directions stating that you had until 16? Sept to submit defence & that you were prevented in so doing by the NoD. See my earlier post above.

Thanks again guys... sorry to be a pain. Gonna be a long time before the fat lady sings at this rate.8-)

 

Unfortunately the pain is all yours, spam, at the moment but no gain without pain eh? It would seem from the deafening silence of MC that we are prob. correct in the assumption that they intend to sell this debt on or they would have taken the opportunity to settle. I suspect that they think you will back out of the set aside & they will continue with their devious plans.

If you swallow the above assumptions, IMO your best bet is to pursue this while the iron is hot or you will get burnt at a later date. So pain in the proverbial but at least you will get it settled this year.

 

FG

[Spamalot]

Thanks again FG..

 

Hole in the wall it is then..

 

Onward and upwards... gird your loins..

 

Spam.

[AndyOrch]

Hi Spam

 

No hearing and the fee is £35.00

 

 

Andy

[Spamalot]

Aw thanks Andy... you're a star..

[Spamalot]

My newt update...

 

Curiouser and curiouser, defaults by HFC and Marlin on my credit report have been removed....infact the whole 'alleged debt has been removed.. it's just not there anymore...

 

I did write to credit expert a while ago with regards to the 'account' being reported on there twice and they were going to write to HFC and investigate it..

 

Strange..

 

Anyhoo, shall set about my set aside today and am considering instructing a Barrister just so I can hike up the costs for MC/Marlin/Phoenix...

 

Maybe if I hit them where it hurts, they may take more care with how they treat their 'customers' and stop needlessly dragging people through the court system for nothing...I'm not being in the least bit vindictive I'm doing this to help others..

 

Spam.

[Spamalot]

Just a quickie if anyone's around..

 

Re n244... I have prepared my application and have a copy to send to MC..Q9 says.. 'who should be served with this application'

 

Do I need to put anything in there??

 

Thanks,

 

Spam.

[foolishgirl]

 

Anyhoo, shall set about my set aside today and am considering instructing a Barrister just so I can hike up the costs for MC/Marlin/Phoenix...

 

 

Be aware that if you employ a barrister, the court may not necessarily award the full costs of his fee. Also be sure that whoever you employ is extremely well versed in CCA legislation - there have been reports on this forum where the legal advice obtained may have contributed to the defendant actually losing a valid case.

[Spamalot]

Hi all,

 

Be aware that if you employ a barrister, the court may not necessarily award the full costs of his fee. Also be sure that whoever you employ is extremely well versed in CCA legislation - there have been reports on this forum where the legal advice obtained may have contributed to the defendant actually losing a valid case.

 

Thanks FG, I'll PM you about that..;-)

 

Well, I've just had the most ridiculous ding dong with my court with regards to setting aside the discontinuance....

 

Spam.. I wish to make an application to set aside the discontinuance of a claim.

 

Court... you can't do that.

 

Spam... Yes I can, it's in CPR 38.4 that I can do that within 28 days of discontinuance.

 

Court.. But the claimant doesn't wish to continue.

 

Spam... I know, but I do. I want to claim my costs and get the agreement judged unenforceable.

 

Court.. You need to make a seperate claim for that..

 

Spam... No, I don't , it is my right to continue with this one..

 

Court officer trots off to see court manager...

 

Court ... The court manager says that the judgement has been set aside and the claimant no longer wishes to claim so you can't set aside the discontinuance..

 

Spam... It is in civil procedure rules 38.4 that states I can if i wish set aside the discontinuation as long as it's done within 28 days... Do you have a copy of CPR? I will show it to you...

 

Court.. No we don't..

 

Scuttles off back to Court manager.... I'm beginning to doubt myself now..

 

Court... Court manager says we'll accept your application... but it will have to go in front of the judge...

 

Spam... ok thank you here's the £35

 

Court ...£75 It's an application for a set aside and it will have to go for a hearing...because the other side need to be there

 

Spam... Excuse me....I'm not asking for a judgement to be set aside I'm asking for a set aside of a discontinuance and I've asked for without a hearing so why do the other side have to be there... there was no hearing for them to discontinue... this is my response to there discontinuance...

 

Court... Blank stare... I'm not legally trained... it's £75

 

Spam....(hands over £75.. and copy of application...) do I have to send a copy to MC or will you do it...

 

Court... We'll do it... oh do you have a spare copy then cause otherwise we'll have to copy the application to send to them.

 

Spam...( Puts copy back in envelope and in hanbag) Smiles (thinks... you want £75 and then expect me to provide photocopies!!! ) Thank you for being so helpful...

 

It went on a bit longer than that but I won't bore you... that's the gist..

 

Just Unbelievable....

 

Spam.

[AndyOrch]

Hi all,

 

 

 

Thanks FG, I'll PM you about that..;-)

 

Well, I've just had the most ridiculous ding dong with my court with regards to setting aside the discontinuance....

 

Spam.. I wish to make an application to set aside the discontinuance of a claim.

 

Court... you can't do that.

 

Spam... Yes I can, it's in CPR 38.4 that I can do that within 28 days of discontinuance.

 

Court.. But the claimant doesn't wish to continue.

 

Spam... I know, but I do. I want to claim my costs and get the agreement judged unenforceable.

 

Court.. You need to make a seperate claim for that..

 

Spam... No, I don't , it is my right to continue with this one..

 

Court officer trots off to see court manager...

 

Court ... The court manager says that the judgement has been set aside and the claimant no longer wishes to claim so you can't set aside the discontinuance..

 

Spam... It is in civil procedure rules 38.4 that states I can if i wish set aside the discontinuation as long as it's done within 28 days... Do you have a copy of CPR? I will show it to you...

 

Court.. No we don't..

 

Scuttles off back to Court manager.... I'm beginning to doubt myself now..

 

Court... Court manager says we'll accept your application... but it will have to go in front of the judge...

 

Spam... ok thank you here's the £35

 

Court ...£75 It's an application for a set aside and it will have to go for a hearing...because the other side need to be there

 

Spam... Excuse me....I'm not asking for a judgement to be set aside I'm asking for a set aside of a discontinuance and I've asked for without a hearing so why do the other side have to be there... there was no hearing for them to discontinue... this is my response to there discontinuance...

 

Court... Blank stare... I'm not legally trained... it's £75

 

Spam....(hands over £75.. and copy of application...) do I have to send a copy to MC or will you do it...

 

Court... We'll do it... oh do you have a spare copy then cause otherwise we'll have to copy the application to send to them.

 

Spam...( Puts copy back in envelope and in hanbag) Smiles (thinks... you want £75 and then expect me to provide photocopies!!! ) Thank you for being so helpful...

 

It went on a bit longer than that but I won't bore you... that's the gist..

 

Just Unbelievable....

 

Spam.

 

 

:D:D:D:D:D:D:D:D

 

 

Best laugh of the day Spam

 

 

Andy

[foolishgirl]

I'm gob smacked spam!

 

I know the court staff are hard pressed, underpaid & harassed but really, is this any excuse for a court manager not to understand the rules?! Let alone not have a copy of the CPR in the office.

 

Maybe when other defendants catch on to dodgy claimant's intentions as to discontinuing & then selling on the debt to other DCAs & the right to put a stop to it, the courts will catch on to the procedure too. You can only live in hope that the DJ is better educated...

[Spamalot]

I'm gob smacked spam!

 

I know the court staff are hard pressed, underpaid & harassed but really, is this any excuse for a court manager not to understand the rules?! Let alone not have a copy of the CPR in the office. That's what I thought..I saw the computers in the office and I said... just google CPR rules and have a look but she wasn't having any of it.

Maybe when other defendants catch on to dodgy claimant's intentions as to discontinuing & then selling on the debt to other DCAs & the right to put a stop to it, the courts will catch on to the procedure too. You can only live in hope that the DJ is better educated...THAT is what's worrying me.... what if they do sling it out!! How long have I got left to do a wasted costs order????

 

I know on the outside the whole ludicrous incident is amusing, but it really was like banging my head against a brick wall, the woman behind me in the waiting room kept looking at me in disbelief ... I had to basically INSIST that they accept my application..

 

Sheesh... what a day..

 

[foolishgirl]

THAT is what's worrying me.... what if they do sling it out!! How long have I got left to do a wasted costs order????

 

They can't sling it out - that would be totally in contravention of CPR & you have actually mentioned the rule in your application. Don't despair just 'cos some court staff don't know the procedures.

 

There is no time limit on wasted costs, it just has to be reasonable.