Jump to content


  • Tweets

  • Posts

    • Hi, I've been reading the invaluable advice on this forum and reading about the problems with Evri and lost delivery of items.  From what I gather the initial steps after having exhausted every's own lost item claim process is to draft a Letter of Claim, I think it is called and to register with the government Money Claims.  I have got a login for Money Claims and have made an initial stab at the letter but I'm not certain I have got it right. Am I right to assume that having exhausted Evri customer service's claims process and having received the denial of any compensation because the laptop I was sending is on the non-compensatory list that my next step would be to send the Letter of Claim to them? Let me provide some basic details which I hopefully have addressed in the letter. I purchased a laptop through Amazon.co.uk which a business in Belfast sold refurbished laptops through.  They had a 30 day money back guarantee for a full refund if you have any issues with the laptop.  I have the invoice from Amazon showing the purchase.  On 27 April, 2024 before the end of the 30 day period I used their ParcelShop (inside a Tesco) to send the laptop back and have the tracking reference mentioned in the letter.  As mentioned in the letter there was they advised they could not give me or sell me any insurance because laptops are on the non-compensatory list so I just paid the normal delivery cost.  It was scanned as leaving the ParcelShop on 29 April and the tracking has been like that ever since.  After a 28 working day Evri claim process they gave the expected response that they could not provide any compensation and simply could not proceed with my claim. I was hoping to get some advice on whether I go ahead now and email this to Customer Services straightaway and should I send a hard-copy to the Evri address as well?  Or are there any steps I have missed out on first?  I believe 14 days is the reasonable period of time for them to respond so if I were to send it tomorrow, for example 12 June then I should expect a reply by 26 June, is that correct and fair?  And assuming they don't reply with a full refund then I would then go down the government Money Claims site to proceed with that? Sorry for all the questions, I want to make sure I go about it properly.  I'll continue to read through other cases on here so I can get an even better handle on the process. I attached a LOC, happy for any edits or updates that will make it even better. Thanks so much for anyone's help! Regards, Matt Evri letter of claim.docx
    • The date was 3 June. Get on MCOL now. The legal principle is that, even if you defence is late, if the other party hasn't requested judgement, then your defence takes priority and is accepted. You might be in time. When I say now I mean now.  Recently we had someone who was nine days' late and this was pointed out to them at 5:30pm.  They faffed around till 11pm.  When they went on MCOl they saw that judgement had been entered at 7pm. Every minute is vital. File the below standard defence if you still can - 1.  The Defendant is the recorded keeper of [motor vehicle]. 2.  It is denied that the Defendant entered into a contract with the Claimant. 3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.    4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.  6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.
    • Hi friends,  I’m a bit worried I may have got confused with timings here. I thought I had 33 days from my acknowledgment to submit a defence but the date added above says 3/6/24.   have I missed the date?   if so how can I apply for an exception due to my disability and problems with deadlines and dates etc (ADHD)?   what should I submit as a defence?   I’ve had no reply from BW so far    just been back on MCOL and it says 28 days from service if I completed an acknowledgment of service so does that mean 28 days from that of acknowledgement (I.e. 16/5) which would make deadline for defence 14/6?   Thanks! Panicking here.
    • Normally we don't advise playing your cards early in a snotty letter, but as you have appealed we might as well use what you wrote in the appeal against them. There is no rush, you have until 6 July to get it to them.  See what the other regulars think too. How about something like this? -   Dear Rachael & Sean, cheers for your Letter of Claim.  I rolled around on the floor in laughter at the idea you'd actually thought I'd take such tripe seriously and would cough up! As usual you'll have been too bone idle to do any due diligence.  Had you done so you would have seen that I appealed to your client.  Indeed the driver on the day is a textbook example of having done exactly what you should do when you do not wish to be bound by the T&Cs in a private car park. Of course none of that mattered to the spivs you represent but do you really want to put such a useless case in front of a judge? To be fair, your clients are very useful members of the human race - as comedians.  How I loved the page turner of their antics at The Citrus Building in Bournemouth.  It was chuckle after chuckle reading about them, letter after letter, month after month, insisting they were legally in the right, even through someone who had done just the first day of a GCSE law course could have told them they weren't.  Until the denouement - BOOM - an absolute hammering in court.  In fact - SLAM, BANG - managing to lose twice against the same motorist for the same car park in front of two different judges. Your client can either drop their foolishness now or get yet another tolchocking* in court where I will go for an unreasonable costs order under CPR 27.14(2)(g) and spend the dosh on a nice summer holiday, while every day laughing at your clients' expense. I look forward to your deafening silence. COPIED TO COUNTRYWIDE PARKING MANAGEMENT LTD   *  This word is used under licence from Brassnecked
    • Well yes, ... and the tax dodgers ... Trump May Owe $100 Million From Double-Dip Tax Breaks, Audit Shows A previously unknown focus of an I.R.S. audit is a dubious accounting maneuver that effectively meant taking the same write-offs twice on a Chicago skyscraper. nytimes.com WWW.NYTIMES.COM  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Speedloan claimform **Claim Discontinued - WON!**


jj69
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5324 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

The court will set a date for a hearing & ask you to serve the docs. on the other side, copy to the court, that you will be relying on in court to make your case usually 14 days before the hearing date. They will specify. This is your 'bundle' & you should start getting it together along with a witness statement now.

 

You might find this thread useful:

http://www.consumeractiongroup.co.uk/forum/legal-issues/130101-humbleman-hfc-weightmans-court-11.html#post2167194

 

If you are unsure on court proceedings, suggest you get the book from CAG at the top of the page - 'Small Claims Court Guide'. It's a very clear step by step guide.

 

Ok foolishgirl thanks for the update on that

Link to post
Share on other sites

  • 2 weeks later...
  • Replies 236
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

The court will set a date for a hearing & ask you to serve the docs. on the other side, copy to the court, that you will be relying on in court to make your case usually 14 days before the hearing date. They will specify. This is your 'bundle' & you should start getting it together along with a witness statement now.

 

You might find this thread useful:

http://www.consumeractiongroup.co.uk/forum/legal-issues/130101-humbleman-hfc-weightmans-court-11.html#post2167194

 

If you are unsure on court proceedings, suggest you get the book from CAG at the top of the page - 'Small Claims Court Guide'. It's a very clear step by step guide.

 

What is the ususal turnaround time for a set court date ?

Not heard anything yet or recieved any documentation so just wondering.

I did put in the AQ that I was unavailable from 31st July upto Aug 18th due to training commitments so could it be down to this that I have heard nothing ?

Link to post
Share on other sites

OK got my court appearance date as of the 23rd July.

 

Have got the option of mediation which the Judge has recommended.

I could offer a set payment plan but obviously need to tread careful so any advice welcome.

 

I would like some assistance to compile documentation for the court in my defence so anybody available to do thi please let me know.

Link to post
Share on other sites

The court will set a date for a hearing & ask you to serve the docs. on the other side, copy to the court, that you will be relying on in court to make your case usually 14 days before the hearing date. They will specify. This is your 'bundle' & you should start getting it together along with a witness statement now.

 

You might find this thread useful:

http://www.consumeractiongroup.co.uk/forum/legal-issues/130101-humbleman-hfc-weightmans-court-11.html#post2167194

 

If you are unsure on court proceedings, suggest you get the book from CAG at the top of the page - 'Small Claims Court Guide'. It's a very clear step by step guide.

 

 

Hi..just got court date but realised I have not compiled my defence docs.Do I still have time to get my docs to the court or can I contact them and explain I need more time ?

Link to post
Share on other sites

Sorry excuse my last rant..court date 28th September...claimant has to pay fee of £75 before 23rd July..should read slower..

 

Oh, lots of time then.

 

Check with the court after 23 July; if the fee hasn't been paid they almost certainly will not be going ahead & you will be able to claim wasted costs against them. Ask if you need help with the submission.

 

If they pay the fee you will get notice from the court as to when you have to submit the docs. etc you will be relying on for your defence to the other side & to court (usually 14 days before hearing date). It's at this stage that you submit your witness statement etc. Shout again if you need help.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

Oh, lots of time then.

 

Check with the court after 23 July; if the fee hasn't been paid they almost certainly will not be going ahead & you will be able to claim wasted costs against them. Ask if you need help with the submission.

 

If they pay the fee you will get notice from the court as to when you have to submit the docs. etc you will be relying on for your defence to the other side & to court (usually 14 days before hearing date). It's at this stage that you submit your witness statement etc. Shout again if you need help.

 

Thanks Foolishgirl,well I got a letter with the Judge suggesting both sides try mediation so what the hell I called the court on Friday and gave them my details asking for attempt at mediation.The court clerk stated if the other side were interested she would be in touch.

I am pretty confident that I have a good case but it shows good willing in the courts eyes if I at least tried the mediation route.

I have just recieved court papers from Black Horse so may need assistance with that later, I have already been online and done my AQ.

(start a seperate thread) and sent letter off for a CPR31 request.

Link to post
Share on other sites

Good, looks like you've got the ball...:)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

Well just an update..spoke to court who confirmed that fee by claimant has not been paid on the 23rd July..so reminder letter sent out 24th..

They have until the 31st to rectify this when it may be struck out..

 

How come claimants get time to rectify this when I as the defendant have to make sure all my docs are in on time or im looking at a CCJ ? :mad:

 

If they have not paid by the 23rd as required then surely it should be struck out then !! rant over...

 

 

I have also called the mediators office twice now and still no response from the claimant...if it does get to court I want to be as squeaky clean as possible..

Link to post
Share on other sites

 

How come claimants get time to rectify this when I as the defendant have to make sure all my docs are in on time or im looking at a CCJ ? :mad:

 

If they have not paid by the 23rd as required then surely it should be struck out then !! rant over...

 

 

 

That's life....:-x

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

That's life....:-x

 

 

Soooo true...

Could you help me with another court claim I have.I have filled in my AQ which has been recognised by the court,I need to have my defence in by the 12th Aug but will be away with work until the 12th ironically enough.

I will post it up but basically I have not recieved my CPR request so my defence is going to be based on the following :

 

In the xxx

County Court

Claim number xxxx

Between

xxxxxxxxxxx- Claimant

 

and

 

FDPM - Defendant

DEFENCE

 

1) The claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. Further, no documents supporting the claim in the particulars have been offered. I have made a request for disclosure, pursuant to Part 31 of the Civil Procedure Rules, to the Claimant to allow me to properly respond to the claim. The Claimant has failed to respond to the Part 31 request.

 

2) It is Not admitted that I signed any agreement with XXXX . If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.

 

3) It is averred that if any agreement did exist that the aforesaid agreement would be a regulated agreement within the terms of the Consumer Credit Act 1974 ("the Act"). It is not admitted that any alleged Agreement is enforceable within the terms of the Act. As I do not have a copy of the said agreement the Claimant is put to strict proof that the aforesaid agreement was properly executed and has been enforceable at all times since its’ inception.

 

4) I have no knowledge of the service of a default notice. The claimant is put to strict proof as to the content and service of any such alleged default notice.

 

5) Further and in the alternative it is not admitted that the sum claimed is lawfully owing. The Claimant is put to strict proof as to how the sum claimed has been calculated and as to how it is asserted that the sum claimed is contractually owing.

 

6) Further and in any event in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed.

 

7) In view of the above, it is denied that I am indebted to the Claimant as alleged or at all.

Statement of Truth

I believe that the facts stated in this defence are true.

 

Signed

 

Does this seem sufficent ?

Link to post
Share on other sites

It's difficult to assess your defence without having seen the POC but assuming that it is for an unsecured agreement under CCA & that you haven't received docs under CPR31, I would amend slightly as follows:

 

 

In the xxx

County Court

Claim number xxxx

Between

xxxxxxxxxxx- Claimant

 

and

 

FDPM - Defendant

DEFENCE

 

 

1) The defendant neither admits nor denies any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

2) The claim as pleaded is embarassing to the defendant as it is insufficiently particularised & the courts attention is drawn to the following matters:

 

(a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the contract referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant's claim.

 

b) A copy of the purported contract that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

© The defendant has made a request to the Claimant for disclosure pursuant to Part 31.14 of the Civil Procedure Rules, in particular in relation to the contract referred to by the claimant in these particulars & on which this claim is based. To date the Claimant has failed to respond to this request.

 

3) It is denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant.

4) Service of a default notice is a statutory requirement as laid out in sections 87,88 and 89 Consumer Credit Act 1974. Section 87 makes it clear that a default notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement. Therefore without proof that a valid default notice was properly served on the Defendant, I suggest the Claimant's case falls flat and cannot proceed and to do so is clearly contrary to the Consumer Credit Act 1974.

 

5) The Claimant’s entitlement to payment of the sum of £xxxx and to interest is denied.

6) Further and in any event, in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed.

 

7) In view of matters pleaded, I respectfully request the court give consideration to striking out the claimants case pursuant to CPR 3.4:

(2) The court may strike out a statement of case if it appears to the court -

(a) That the statement of case discloses no reasonable grounds for bringing or defending

(b) That the statement of case is an abuse of the court's process or is otherwise likely to obstruct the just disposal of the proceedings; or

© That there has been a failure to comply with a rule, practice direction or court order.

8) If the court considers it inappropriate to use its case management powers, it is requested that the court order the claimant to produce the original credit agreement, which must comply with the Consumer Credit Act 1974 and the Consumer Credit Agreements Regulations 1983. Without production of the requested documents the case cannot be dealt with justly and fairly, and will severely prejudice my rights to a fair trial as laid out under Article 6 of the Convention rights contained within the Human Rights Act 1998.

 

9) In addition the defendant would request the court to order the claimant to produce a copy of the default notice & disclose a list of all charges made to the account & the costs associated with each charge for the last six years to prove that the debt amounts to the sum claimed.

 

10) 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, it is averred that the claimant has acted vexatiously to obstruct proceedings, causing unreasonable stress and worry to the defendant.

 

12) The defendant respectfully asks the permission of the court to amend this defence when the above documents are provided by the claimant.

 

Statement of Truth

I xxxx believe the above statement to be true & factual.

Signed

 

 

Amend here if they are trying to charge you stat. interest & add:

 

The defendant further notes that the claimant seeks to claim statutory interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum. The defendant notes that the claimant is not entitled to do so and attention is drawn to The County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) Section 2 (3)(a) which sets out that this is the case as this claim is in relation to a debt regulated by the Consumer Credit Act 1974

Edited by foolishgirl
messy fonts

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

It's difficult to assess your defence without having seen the POC but assuming that it is for an unsecured agreement under CCA & that you haven't received docs under CPR31, I would amend slightly as follows:

 

 

 

 

Amend here if they are trying to charge you stat. interest & add:

 

The defendant further notes that the claimant seeks to claim statutory interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum. The defendant notes that the claimant is not entitled to do so and attention is drawn to The County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) Section 2 (3)(a) which sets out that this is the case as this claim is in relation to a debt regulated by the Consumer Credit Act 1974

 

 

Thats the one foolishgirl..thnks

It's an unsecured loan for £10k (12k) with their charges on.Been paying a reduced sum for over a year and they now decide to take it to court.

Did a cpr request on the 21st July and called their solicitors today who confirmed my request had been recieved.

Did the AQ last week so I need to submit it tomorrow as I am away until the 12th and will not get chance later.

Link to post
Share on other sites

It's an unsecured loan for £10k (12k) with their charges on.

 

Have you ever reclaimed the charges? If not, you can do so as a counterclaim - once you get the statements of course!

 

Good luck...

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

Have you ever reclaimed the charges? If not, you can do so as a counterclaim - once you get the statements of course!

 

Good luck...

 

No not reclaimed them..so I can counter claim once I have the list of charges ? even after submitting my holding defence ?

Link to post
Share on other sites

Yes, you have submitted a holding defence, stating that you wish to submit an amended defence when (or more possibly if!) you receive the docs you need to do so from the claimant so a counterclaim for the charges can be submitted at the same time.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

Yes, you have submitted a holding defence, stating that you wish to submit an amended defence when (or more possibly if!) you receive the docs you need to do so from the claimant so a counterclaim for the charges can be submitted at the same time.

 

 

So I can submit a counterlaim at a later date if the court agrees ?

Link to post
Share on other sites

You can do it as part of your amended defence (there may be a fee involved though) or you can submit a seperate claim at a later date; whichever way you will get the fees/costs back.

 

You may want to add a para in your defence to the effect that you request provision for a counterclaim to be submitted when the claimant provides the necessary info.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

  • 2 weeks later...
You can do it as part of your amended defence (there may be a fee involved though) or you can submit a seperate claim at a later date; whichever way you will get the fees/costs back.

 

You may want to add a para in your defence to the effect that you request provision for a counterclaim to be submitted when the claimant provides the necessary info.

 

 

Thanks to everybodys assistance on here especially foolishgirl...Been away working for 12 days...just got back home and can't belive it got a letter dated 4th Aug..speedloan have failed to submit court fee so the case has been struck out..

Called court clerk today who confirmed the case has been struck out and it is up to the claimant to set another court date which is dependant on the next district judge.

Where do I go from here ? It's good news for me but the claim is still vaild is it not ?

Link to post
Share on other sites

Usually, but when the Claimant eventually does pay the fee, if they ever do, the Court will simply relist it in the next available hearing slot :mad:

 

Is this correct car? I understood that if the claim was actually struck out after a defence had been submitted (as with jj), the claimant would have to apply to the court for reinstatement giving valid reasons as to why they (in effect) discontinued by their not remitting the fee. (CPR38.7) Surely they couldn't just relist? :confused:

 

And could jj not now apply for an official strike out to be recorded under CPR3.5 & then go for costs?

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

Is this correct car? I understood that if the claim was actually struck out after a defence had been submitted (as with jj), the claimant would have to apply to the court for reinstatement giving valid reasons as to why they (in effect) discontinued by their not remitting the fee. (CPR38.7) Surely they couldn't just relist? :confused:

 

And could jj not now apply for an official strike out to be recorded under CPR3.5 & then go for costs?

 

That's what's happened in my experience.

 

In effect the claim is struck out, but can be restarted by applying to set that aside.

 

JJ can apply to have a civil restraint order, saying the claimant can't bring the claim again on the same basis.

 

The issue for the Court is should the claimant be prevented from bringing the claim again, by setting aside the strike out for non-payment of fees, or will that be unjust.

 

Link to post
Share on other sites

 

JJ can apply to have a civil restraint order, saying the claimant can't bring the claim again on the same basis.

 

The issue for the Court is should the claimant be prevented from bringing the claim again, by setting aside the strike out for non-payment of fees, or will that be unjust.

 

Well I'd have said ' actually very just'! This is supposedly a company well used to submitting court claims, they know the format & the time scales, if they choose not to meet them then woe betide...

 

However, rant aside, as usual then, the devil is in the detail. :|

 

Did the court send you a copy of the strike out order jj? (If so, did it give the claimant 7 days to dispute it etc?) If not, what did they send you?

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

Did the court send you a copy of the strike out order jj? (If so, did it give the claimant 7 days to dispute it etc?) If not, what did they send you?

 

Whoops, just re-read your thread jj, noticed Post 134. They WERE given the extra time to submit the AQ & didn't!! Hence the strike out. :):)

 

If they try to recomence this claim they are going to need the court's permission & that will only come if they can produce new evidence - that does not mean 'finding' your agreement etc. They should have done that in response to your CPR31.

CPR38.7 - A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a) he discontinued the claim after the defendant filed a defence; and

 

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

I would suggest you get your costs claim together asap. You can claim £9.25 per hour for research etc. in addition to postage, photocopying etc. Go for it!

 

And of course, if you want the default removed you could start action on that. No cca, no agreement to process your data, no default validity. Guess it depends on how important it is to you re. your credit rating & how close to the 6 year drop off point.

 

Have a great weekend....:D

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...