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Letters to the Court


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Can I just clarify a point that keeps coming up.

 

If the Claimant has not done something that they should have done, such as given disclosure, what needs to be done.

 

1. A chasing letter to the other side and telling them that if they don't do what they should have done within 7 days that you will apply for the court for an Order and Costs

2. If they don't comply with that letter you submit an Application on an N244 to the court for an Order that they comply.

 

Some CAGers send a letter to the court telling it that the other side haven't done something and asking the court to take action. This is a dangerous thing to do because some courts ignore totally letters of that kind and require an application on an N244 - they sometimes don't even tell you and just "file" the letter. In fairness some courts will take action on the letter or will return it and tell you that you have to make an application. The problem is that you don't know which type your local court is.

 

The only way to guarantee that a court will consider anything is by making a formal application on an N244

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If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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  • 1 year later...

Hi

I have an unusual case here regarding a Debenhams card that my partner took out in 1995. Link is

http://www.consumeractiongroup.co.uk/forum/legal-issues/243089-cohens-cl-finance-ge.html

There was supposed to be a telephone conference call Allocation Hearing organised by the claimant's solicitors. We hadn't heard a thing from them so we turned up at the court and ended up in the Judge's Chambers where she contacted the Claimant's solicitors and she decided that the case should go Fast Track because we were going to counterclaim for missold (An understatement...!) PPI. In fact it appears to be a fraudulent alteration to the application form. In short she has been paying PPI every month since 1995 when she categorically stated she did not want it (only working as a part-time cleaner at that time). I think the Claimants want the case to be struck out and I think we have enough evidence to have it struck out... However I did a rough calculation using one of the spread sheet interest calculation templates with fairly conservative figures in for the PPI element of her monthly payments and the amount they have overcharged her over the last 15 years works out to be around £24,000 if using contractual interest. So really we want to counterclaim for this amount. The alleged debt is about £9,500. The problem is the claimants have only ever produced the following:

1) Notice of assignment (a letter from CL Finance)

2) Original - fairly illegible - application form / agreement

3) 12 months statements - including approx £1300 PPI

My questions are:

a) Is it possible to counterclaim based on estimated figures?

b) If not - I presume we must get from them all the statements re: this account. We have been trying to get this info for over a year now.

c) If we can counterclaim based on estimates when do we put this to the court. Currently we have been using the "Embarrassed Defence" and have reserved the right to issue a counterclaim when the claimant provides the documentation.

The timescale has been as follows:

Trial 09/08/2010 (allowed 3 hours)

Claimants to pay listing fee and hearing fee by 12/07/2010 (£600)

Standard disclosure by list by 30/04/2010 (which we did but claimant did not)

Witness statements to be filed and served by 11/06/2010

 

Any suggestions would be appreciated

Many thanks for reading this.

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