OH v Cap 1 & Rob Way *** WIN ***

[foolishgirl]

When I submitted my WS for an SJ, I sent in copies of all the exhibits as well.

 

Forgive me if I've got the wrong end of the stick but I thought this was a defence cy, not a WS.

 

CB's correct - you usually submit a defence without addtional docs (exhibits), & a WS with them. So in this case, IMO you don't need to attach the copy docs.

[citizenB]

Oops, have I got the wrong end of the stick.. I think I got confused in that although it is headed up Defence, you have Exhibits within.

[foolishgirl]

Oops, have I got the wrong end of the stick.. I think I got confused in that although it is headed up Defence, you have Exhibits within.

 

You're forgiven CB - only just noticed that myself.

(Note to self not to skim read. )

 

So amend your defence to exclude exhibits as far as poss clynite.

eg:

Point 4 - refer to the CPR you applied for information under rather than a copy of the letter

Point 5,11 - delete exhibit refs

 

Hope that doesn't confuse you.

[cymruambyth]

Phew, I'd just done a final proof read and thought I had just done last print run, so it's not too late. Will amend tonight for posting tomorrow.

Thank you, dealing with a defence on this one and aws on another.

[cymruambyth]

Thank you everyone for all your help. Amended, printed, sealed and ready for posting.

[foolishgirl]

Phew, I'd just done a final proof read and thought I had just done last print run, so it's not too late. Will amend tonight for posting tomorrow.

 

Thank you everyone for all your help. Amended, printed, sealed and ready for posting.

 

Sorry cy but at least you've now got it correct (hopefully) & posted.

[cymruambyth]

Don't apologise, I'm grateful for all your assistance and yes POSTED, 1 down 2 to go.....

[cymruambyth]

General Form of Judgement or Order

Upon reading the court file

And upon no defence appearing to have been filed

And upon no signed defence appearing to have been served

IT IS ORDERED THAT

Claimant may apply for default judgement

This was dated 4 February

Order dated xx March.

[cymruambyth]

I have proof of delivery.

I am sure it was signed. Could this mean that the unsigned one was sent to court? There was a statement of truth.

Or could this mean that court have misplaced the defence?

I have phoned court who suggest I send a new defence to court and proof of postage.

Any suggestions gratefully.

HELP

[foolishgirl]

See your PM.

 

New defence & POD should see a set aside of this judgment.

[cymruambyth]

Thank you for replying so quickly (as you no doubt realised I wasn't worried:D).

Everything being done, this time I may phone court to confirm receipt.

[citizenB]

Thank you for replying so quickly (as you no doubt realised I wasn't worried:D).

Everything being done, this time I may phone court to confirm receipt.

 

That must have been a bit worrying, I am pleased it seems to have been sorted:)

[freethemice]

Been along time now-

Are you happy you have everything from the other side to defend your case fully now?

If not I would suggest it is time to resend them cpr requests so you have something to show the judge when you go for a strike out again.

 

It is shocking that the court lost your defence. In my case I did phone the court up every time a deadline approached to make sure all my bits were filed and if the other side had done the same.

 

Belt and Braces approach I'm afraid.

[cymruambyth]

Yes a lesson learnt. In my innocence I thought proof of delivery sufficient. To add insult to injury I have been phoning the court who kept on saying that the case was with the DJ

[RobinWayRobinme]

Seems like another c**k up with admin at court. Seems you need to watch them like a hawk. I know what it feels like, just causes more stress than you need. Glad you seem to have it sorted.

R

[cymruambyth]

Just a brief update.

It has arrived, has been logged on the computer and will be going to the line manager to see if they should put it before the DJ. Will phone again in a couple of days. I'm very polite and grateful:rolleyes:

[cymruambyth]

I just love my local court:p They are very busy and nothing appears to have been done ......... I can apply to have it set aside if it does go to judgement:(

Oh yes, if they had less phone calls to answer, they could complete their work:rolleyes:

[foolishgirl]

I just love my local court:p They are very busy and nothing appears to have been done ......... I can apply to have it set aside if it does go to judgement:(

Oh yes, if they had less phone calls to answer, they could complete their work:rolleyes:

 

They would be less busy if they dealt with docs. properly in the first place!! And then they wouldn't have more docs. to deal with for set aside applications & the inconvenient phone calls they then have to deal with! Where do they get these pearlers from?

 

You have my sympathy Cy, & I am relieved my local court isn't like yours.

[RobinWayRobinme]

Seems a common problem that I have also sufferred with. You end up spending valuable time making sure they do their job right. Not sure things have got any better for my court as they have now decided to use a seperate call centre that deals with calls \and emails for a number of courts. My experience so far :confused:. They can only email the court dealing with the matter or just read what is on the computer screen (which is never up to date)

R

 

I just love my local court:p They are very busy and nothing appears to have been done ......... I can apply to have it set aside if it does go to judgement:(

Oh yes, if they had less phone calls to answer, they could complete their work:rolleyes:

[citizenB]

They would be less busy if they dealt with docs. properly in the first place!! And then they wouldn't have more docs. to deal with for set aside applications & the inconvenient phone calls they then have to deal with! Where do they get these pearlers from?

 

You have my sympathy Cy, & I am relieved my local court isn't like yours.

 

Sheesh, I am also pleased mine isnt like that as well. There does seem to be a lot of reporting on documents not sent/received from local courts. The most common response from them is that they are a "week or so" behind in their document logging ?

[foolishgirl]

Just a thought Cy - have you contacted the Court Manager at all rather than Counter Clerk Bloggs? Maybe a phone call & if that doesn't get you anywhere, a letter of complaint?

[cymruambyth]

Thanks FG, I'm loathe to harass them but it does to be slightly farcical, so I can add that to tomorrow's jobs.

[cymruambyth]

Spoken to court again, couldn't speak to manager. I'm no further forward, yes letter has been received but I don't think anything has been done about it! Suggested N244 and £40 to set aside the order. The court believed that DJ had seen defence but stil said

 

General Form of Judgement or Order

 

Upon reading the court file

IT IS ORDERED THAT

Claimant may apply for default judgement

 

This was dated X February

Order dated xx March.

 

This is the amended POC that we were working from

Their letter

1 These POC are served in substitution of Claim Form issued XXX

2 The claimant is a collection agency and has taken an assignment of the agrement referred to hereafter. At the material times the aDfendant was a customer of Car 1. Pursuant to the t & c of an agreement Cap 1 provided a credit card facility to the defendant on the basis that the balance would be repayable upon demand. A copy of agreement is attached (short application form, no t&c)

3. The dn was issued 2003 for £XXX

4. By deed of assignment in XXX made between the claimant and cap1, cap1 assigned its interest in the agreement to the claimant. Byletter datedxxx the claimant served notice of the assignment upon the defendant, a copy attached.

5. Following such assignment, the claimant made a formal demand for payment of the balance due under the agreement in th sum of £XXX in XXXX. despite such demand, the defendant failed to pay the full amount and the claimant thereforeclaims the sum of £XXX.

6. The claimant also claims interest etc s 69.

 

And this is the defence submitted

 

Between

xxxxxxxxxxx- Claimant and - Defendant Defence

1. I xxxxxxxxx of xxxxxxxxxxxxx am the defendant in this action and make the following statement as my amended defence to the claim made by xxxxxxxxxxxx

2. At the point where a defence was required the defendant was not in possession of documents from the claimant, which were vital to their ability to defend this action and placed them at a distinct disadvantage. cannot be dealt with just y and fairly, and will severely prejudice the defendant‟s right to a fair trial.

etc

etc

etc

Having instigated these proceedings without any legal basis for doing so, having failed to provide sufficient information required under the pre-trial protocols in order to investigate this claim, or indeed to provide a reasonable time period to investigate this matter, and having failed to investigate a dispute as required by the OFT Debt collection Guidelines I believe the Claimant's conduct amounts to unlawful harassment under section 40 of The Administration of Justice Act 1970. Furthermore, the Claimant's behaviour is entirely vexatious and wholly unreasonable.

Statement of Truth I xxxxxxxxxxx, believe the above statement to be true and factual Signed ..................... Date

 

HELPPPP

Edited May 12, 2010 by cymruambyth
Discretion.......

[foolishgirl]

These people are nuts!! What could be plainer than a defence filed?

 

I suspect this is one of those courts that is hell bent on getting in fees regardless so suggest you have no alternative but to follow their advice, submit your N244 & reclaim the costs. Who is liable to pay remains to be seen 'cos if I was the claimant I sure as little eggs wouldn't think I was responsible & I don't see how you can be when they have proof your defence was there on time!

 

So compile your N244 over the weekend & submit a formal letter of complaint with it to the court manager. It's a simple enough application isn't it - court admin messed up big time, sort yourselves out!!!

[cymruambyth]

Thanks, couple of questions

 

Is this sufficient for what order etc

Set aside the Order made on x February 2010 and dated x March 2010 as a defence had been filed within the time required.

Do I want a hearing? How long, I've guessed 1hour 30 min.

 

I'm not applying for an order.

 

For what information I'm relying on, state the facts as evidence and attach copy of defence?

 

Sorry if questions are very basic, but feeling a bit neurotic!!!!

Edited April 1, 2010 by cymruambyth