Hfc/Restons default judgement/co - struck out - now new claim!!

[Craftygirl42]

Clynite, you need to complete this form and send it back to the Court. At the top of the legal forums in the sticky bit, is a thread about the Directions, that you may like to attach to your AQ. I searched Allocation Questionnaire and found the answers to the questions, but it was a while back. I am sure someone will come along with the relevant links.

 

Good luck

[Clynite]

Hello TLD

Since your last correspondence, an update:

Restons failed to proceed within the 28 days so case was stayed. I had hoped this was the end of the matter. But, received 8/10/09 Allocation Quiestionannaire (AO)for the case to proceed at my local County Court. I rang Northampton CC to clarify. They informed me that the stay had been lifted by the claimant and had been transferred to local CC. I have received no correspondence from Restons/HFC in relation to this matter.

The AO implies that I have to demonstrate that I have tried to resolve this prior to Court etc. I am at a loss, because of the nature of this case. The form cites Settlement, Location of trial, Pre-action protocols, Case management, Experts, TrackTrial or final hearing, Proposed directions, Cost, Fees and Other information.

Would you confirm that I can use your suggested defence cited on 31/7/2009 verbatim and if so, at what stage. I would be grateful for any help or advice.

Citizens Advice or National Debt Helpline have been unable to offer any help or guidance, only to advise me to seek specialist help - outside of their domain. I have attempted to obtain a solicitors help, but am not entitled to legal aid? I am unemployed and not in receipt of any state benefits because my Job Seekers allowance ran out in June 2009 following the six month entitlement. Because of the equity in my home I am not entitled to any legal help albeit I have no source of income. Further, because my wife works part time and her earnings take us just above the threshold for any help. We are struggling to say the least. I dont mention these facts for sympathy, I just want to highlight the fact that this forum and contributors are a real lifeline for people like myself. I have to return AO by 24/10/09

Many thanks for your support and time,

Peter

[Clynite]

Thanks Craftygirl42,

I will follow your advice.

Peter

[GhostDebt]

Hello Clynite.

 

When you have had a look through the sticky on the allocation questionnaires, please post up your proposals for filling in the form (N150 I assume?)

People will then be able to comment on your proposals and it would also assist other CAGgers who come across your thread with similar problems.

 

Regards

[Clynite]

Hello GhostDebt,

I have read previous threads related to theAO/N150 and have found the AQ /N150 a little confusing because, I am not disputing Restons/ HFC claim. As far as I am concerned the case has already been dealt with and was Struck Out 10/01/2006. Restons are implying this is a new claim.I want to inform the Court that the impending proceedings are an abuse of Court process as, the matter has already been dealt with. But it appears that the track is determined by the amount being claimed. That being the case, I will be forced to follow the fast track. I do not have the funds to pay the Court Fees and hope my circumstances will offer exemption. That being said, I intend to complete the N150 in the following manner - please correct me if I am wrong.

Settlement

I cant settle before hearing as Restons are hell bent on pursuing this previously struck out case. So, I intend to answer 'NO' and possibly cite the aforementioned reasons in the 'Reason' box.

Location of Trial

I intend to answer 'Yes' - because previous case heard at this court.

Pre-action Protocols

I intend to answer 'No' Reason - Restons actions prevent this

Case Management

This is where I am confused- amount of claim in dispute.

I dont believe there is an amount to dispute as case has already been dealt with. But, Restons state £6863.17 as of 18/01/2008, HFC say £7355.84 as of 01/10/2008. In any case, this means I should follow the Fast Track.

I intend inserting N/A in amount box, Applications 'No' and Witnesses me the defendant.

Experts

I intend marking all boxes 'No'.

Track

I am inclined to choose 'Small claims track'. Reasons being, the case is straight forward and is an abuse of Court Process by the Claimant, and can be resolved very quickly.

Trail or Final Hearing

Time estimate - '30 minutes'

Days when unable to attend Court - 'No'

Proposed Directions

Im unsure what I can attach, but for now I think answer 'No'.

Costs

I intend inserting N/A.

Fee

I intend to select'No'

Other Information

Have you attached documents to this questionnaire? - 'Yes'

Have you sent these documents to the other party?-'Yes'

When did they receive them? - 'N/K'

Do you intend to make any applications in the immediate future? - 'Yes' possibly a 'Strike Out' application. Hopefully someone can advise.

In the additional information box, I thought I could cite the previous case details and my belief that this is an abuse of Court Process and hopefully this would assist the Judge with the management of this claim. Could I request that the case be considered for a 'Strike Out' in this section or will I have to apply via a N244 form. Or would it be necessary. Is it possible the Judge could reolve this issue at this assessment stage, given the facts of the previous case?

Sorry for the long post, but its the only way I can express my intentions. Would anyone able to offer direction or remedial help, please advise. In anticipation, many thanks Peter.

[citizenB]

Thanks for your pm. Will just have a look back over your thread to see what is what.

[citizenB]

Hello GhostDebt,

I have read previous threads related to theAO/N150 and have found the AQ /N150 a little confusing because, I am not disputing Restons/ HFC claim. As far as I am concerned the case has already been dealt with and was Struck Out 10/01/2006. Restons are implying this is a new claim.I want to inform the Court that the impending proceedings are an abuse of Court process as, the matter has already been dealt with. But it appears that the track is determined by the amount being claimed. That being the case, I will be forced to follow the fast track. I do not have the funds to pay the Court Fees and hope my circumstances will offer exemption. That being said, I intend to complete the N150 in the following manner - please correct me if I am wrong.

 

Settlement

I cant settle before hearing as Restons are hell bent on pursuing this previously struck out case. So, I intend to answer 'NO' and possibly cite the aforementioned reasons in the 'Reason' box.

 

Location of Trial

I intend to answer 'Yes' - because previous case heard at this court.

 

Pre-action Protocols

I intend to answer 'No' Reason - Restons actions prevent this

 

Case Management

This is where I am confused- amount of claim in dispute.

I dont believe there is an amount to dispute as case has already been dealt with. But, Restons state £6863.17 as of 18/01/2008, HFC say £7355.84 as of 01/10/2008. In any case, this means I should follow the Fast Track.

I intend inserting N/A in amount box, Applications 'No' and Witnesses me the defendant.

 

Experts

I intend marking all boxes 'No'.

 

Track

I am inclined to choose 'Small claims track'. Reasons being, the case is straight forward and is an abuse of Court Process by the Claimant, and can be resolved very quickly.

 

Trail or Final Hearing

Time estimate - '30 minutes'

Days when unable to attend Court - 'No'

 

Proposed Directions

Im unsure what I can attach, but for now I think answer 'No'.

 

Costs

I intend inserting N/A.

 

Fee

I intend to select'No'

 

Other Information

Have you attached documents to this questionnaire? - 'Yes'

Have you sent these documents to the other party?-'Yes'

When did they receive them? - 'N/K'

Do you intend to make any applications in the immediate future? - 'Yes' possibly a 'Strike Out' application. Hopefully someone can advise.

In the additional information box, I thought I could cite the previous case details and my belief that this is an abuse of Court Process and hopefully this would assist the Judge with the management of this claim. Could I request that the case be considered for a 'Strike Out' in this section or will I have to apply via a N244 form. Or would it be necessary. Is it possible the Judge could reolve this issue at this assessment stage, given the facts of the previous case?

 

Sorry for the long post, but its the only way I can express my intentions. Would anyone able to offer direction or remedial help, please advise. In anticipation, many thanks Peter.

 

Do you have all the paperwork from the original trial and also the final order from the court where the case was struck out ?

 

Apart from the figures involved, what difference is there between the two POCs.

 

Will this be heard in the same court as previously ?

 

I will see if I can attract some attention from the site team for you.

[Clynite]

Do you have all the paperwork from the original trial and also the final order from the court where the case was struck out ?

 

Apart from the figures involved, what difference is there between the two POCs.

 

Will this be heard in the same court as previously ?

 

I will see if I can attract some attention from the site team for you.

 

Yes to the first two questions, the POC's are essentially the same. This new claim is the same as the original one that was Struck Out. The case will be heard in the same Court.

 

Hope this helps Peter

Edited October 11, 2009 by Clynite

[citizenB]

Ok, thanks for that information. I will have a look round and see what information I can find out.. will try and get something posted up tomorrow for you.

[citizenB]

Peter, this is a reply from one of the site team. I will try and find out more re the procedures mentioned. When do you need to file this AQ.. 24th October ??

 

It would be useful if you can answer the questions I have highlighted in red below.

 

Re-instated claim?

 

Have they had permission to reinstate?

 

Was the claim struck out under CPR 3.4? If it was, Restons need relief from sanctions under CPR 3.9 before bringing another claim.

 

I would be making an application to strike this claim out on the basis that Restons have been struck out previously and are bringing a claim on the same basis, without the permission of the Court. In fact, I'd include in that application a request for an Extended Civil Restraint order, to prevent Reston's bringing more claims after this one. (CPR PD 3.1)

[Clynite]

Hello and thanks citizenB,

Yes, the AQ needs to be filed by 24/10/2009.

Dont know if Restons have had permission to reinstate claim, but spoke to Northampton CC, who informed me that they had applied to have the stay lifted and that the case was now transferred to my local CC. thats the only information I could obtain.

Was the claim struck out under CPR 3.4? - I dont really know or understand enough to give a definitive answer. The original Judge, stated on the N24 that, 'All further proceedings upon the Claimants claim be stayed with liberty to both parties to apply provided that if no application is made by the Claimant before 6 January 2006 the claim be struck out.' That was dated 5 October 2005. On the 10 January 2006 I received a new N24 from the court stating the following:'As per order dated 5 October 2005 the Claim be struck out.'

Quote:

"I would be making an application to strike this claim out on the basis that Restons have been struck out previously and are bringing a claim on the same basis, without the permission of the Court. In fact, I'd include in that application a request for an Extended Civil Restraint order, to prevent Reston's bringing more claims after this one. (CPR PD 3.1) "

At what stage do I make these applications, and how please? Do they accompany the AQ or are they submitted later?

Thanks Peter

[citizenB]

That is bizarre, the claim was struck out in 2006.. not stayed ??

 

I will ask the site team member who gave me that information what we can do now.

 

We have a couple of days in hand.. so hang in there:D

[citizenB]

Hello GhostDebt,

I have read previous threads related to theAO/N150 and have found the AQ /N150 a little confusing because, I am not disputing Restons/ HFC claim. As far as I am concerned the case has already been dealt with and was Struck Out 10/01/2006. Restons are implying this is a new claim.I want to inform the Court that the impending proceedings are an abuse of Court process as, the matter has already been dealt with. But it appears that the track is determined by the amount being claimed. That being the case, I will be forced to follow the fast track. I do not have the funds to pay the Court Fees and hope my circumstances will offer exemption. That being said, I intend to complete the N150 in the following manner - please correct me if I am wrong.

 

Settlement

I cant settle before hearing as Restons are hell bent on pursuing this previously struck out case. So, I intend to answer 'NO' and possibly cite the aforementioned reasons in the 'Reason' box. Agree with this. As far as you can see, Restons have had no permission to start this case again. It was struck out (date) so there is really nothing to settle

 

Location of Trial

I intend to answer 'Yes' - because previous case heard at this court. Yes, it is probably good news it is being held in the same court

 

Pre-action Protocols

I intend to answer 'No' Reason - Restons actions prevent this

 

Case Management

This is where I am confused- amount of claim in dispute.

I dont believe there is an amount to dispute as case has already been dealt with. But, Restons state £6863.17 as of 18/01/2008, HFC say £7355.84 as of 01/10/2008. In any case, this means I should follow the Fast Track. I think this is all you can say. Again, unless Restons have permission to bring this again.. it was settled in 2005/2006. There is nothing to manage ?

 

I intend inserting N/A in amount box, Applications 'No' and Witnesses me the defendant. Correct

 

Experts

I intend marking all boxes 'No'. Correct

 

Track

I am inclined to choose 'Small claims track'. Reasons being, the case is straight forward and is an abuse of Court Process by the Claimant, and can be resolved very quickly. Yes, try and get it on the Small claims track if possible

 

Trail or Final Hearing

Time estimate - '30 minutes' Should be able to deal with this in 30 minutes

Days when unable to attend Court - 'No'

 

Proposed Directions

Im unsure what I can attach, but for now I think answer 'No'.

 

Costs

I intend inserting N/A.

 

Fee

I intend to select'No' The fee should be paid by Restons, not you

 

Other Information

Have you attached documents to this questionnaire? - 'Yes'

 

Have you sent these documents to the other party?-'Yes'

 

When did they receive them? - 'N/K'

 

Do you intend to make any applications in the immediate future? - 'Yes' possibly a 'Strike Out' application. Hopefully someone can advise.

 

In the additional information box, I thought I could cite the previous case details and my belief that this is an abuse of Court Process and hopefully this would assist the Judge with the management of this claim. Could I request that the case be considered for a 'Strike Out' in this section or will I have to apply via a N244 form. Or would it be necessary. Is it possible the Judge could reolve this issue at this assessment stage, given the facts of the previous case?

 

Sorry for the long post, but its the only way I can express my intentions. Would anyone able to offer direction or remedial help, please advise. In anticipation, many thanks Peter.

 

Hi Peter, well it would seem there is a bit of a muddle here. As you can see from the comment below.

 

It's up to the OP, really? I can't see how they can complete an AQ at this stage. If I were them, I'd be seeking a SO on the basis the original SO was done, presumably under CPR 3.4/CPR PD 3.1, and that it's unjust to hear this case again. On the other hand, there may be ground to be had by waiting for it to reach the local court then calling the Court Manager.

 

I think you need to photocopy the original claim and strike out orders and attach them to this. Has this been allocated to your local court or are you returning it to Northampton ?. I am wondering if a letter explaining what has happened to the Court Manager might be a good idea.

[Clynite]

Hello citizenB, many thanks for your/site team continued support.

The case has been allocated to my local Court, as was the original claim.

I am slowly digesting your advice and hope that we can meet the deadline for the AQ and any other additional information you feel necessary for me to supply the Court. I've tried uploading copies of the original judgements, but failed. I thought it might be better for you to see the actual documents. Instead, I have quoted verbatim the main 'IT IS ORDERED THAT' details in case it sheds more light on things:

 

First Judgement N24

 

1.The Claimants application for a charging order is dismissed and the charge created by the interim charging order dated ***** is discharged and the entry of the charge at H M Land Registry under title number ***** be vacated.

 

2. The default judgement dated 16 March 2005 be set aside.

 

3. All further proceedings upon the Claimants claim be stayed with liberty to both parties to apply provided that if no application is made by the Claimant before 6 January 2006 the claim be struck out.

 

Dated 5 October 2005

 

Second Judgement N24

 

1.As per order dated 5 October 2005 the Claim be struck out.

 

Dated 10 January 2006

 

There were other previous Judgements that led to the last two, But the above ones are the important ones. If you require any further info please let me know.

 

I'l check back tomorrow to follow up on any further developments.

 

Regards Peter

[citizenB]

Right, thanks for this information, Peter. I will ask car2403 if he can offer any further help on this.

 

It is quite clear to me though that representation needed to be made in 2006. Therefore something seems to have gone very wrong .

[Clynite]

Hello citizenB,

Just thought a little more detail may help your assessment of the facts. Im a bit jumbled to say the least, but it could be important.

The original judgement was entered in my absence ie I was away from the matrimonial home and never received the original Court papers. Restons then forged ahead and harassesd my wife and family. They obtained a charge order on my home, for an alleged unsecured loan - this is what this whole affair relates too. When I eventually got to discuss the case in court, the case was well and truly underway. I convinced the Judge that I should have the opportunity to defend myself and offer evidence in mitigation of Restons claims etc. As things progressed, I quickly gathered that the judge was none to happy with the way Restons were behaving, and at a particular point in the proceedings, he agreed to let me serve a defence.I had to submit my defence by July 2005.This was completed as required by the courts instructions. My defence was to be served on Restons. Also, the claimant/Restons shall within 14 days file and serve a response thereto, if so desired.The next hearing was in August 2005.

During August's hearing, Restons/claimant were ordered to file and serve a response to my defence by September 2005, next hearing was as described in previous post, on 5 Oct 2005. It was this hearing that Restons failed to turn up at or react to my defence, and the Judge made his Judgement/ Order for set aside/stay and the following stike out. I gather the Judge gave Restons every opportnity to appear and continue with their claim, but they declined.

All that said, It is why I asked the original question that started this thread. Can they make a new claim after original has been struck out?

Thanks for hanging in there with me, catch up with you tomorrow.

Thanks Peter

[AndyOrch]

May be of use Clynite.

 

STRIKING OUT A STATEMENT OF CASE

 

Regards

 

Andy

[citizenB]

Hello citizenB,

Just thought a little more detail may help your assessment of the facts.

 

Im a bit jumbled to say the least, but it could be important.

The original judgement was entered in my absence ie I was away from the matrimonial home and never received the original Court papers. Restons then forged ahead and harassesd my wife and family.

 

They obtained a charge order on my home, for an alleged unsecured loan - this is what this whole affair relates too. When I eventually got to discuss the case in court, the case was well and truly underway. I convinced the Judge that I should have the opportunity to defend myself and offer evidence in mitigation of Restons claims etc.

 

As things progressed, I quickly gathered that the judge was none to happy with the way Restons were behaving, and at a particular point in the proceedings, he agreed to let me serve a defence.I had to submit my defence by July 2005.This was completed as required by the courts instructions.

 

My defence was to be served on Restons. Also, the claimant/Restons shall within 14 days file and serve a response thereto, if so desired.The next hearing was in August 2005.

 

 

During August's hearing, Restons/claimant were ordered to file and serve a response to my defence by September 2005, next hearing was as described in previous post, on 5 Oct 2005.

 

It was this hearing that Restons failed to turn up at or react to my defence, and the Judge made his Judgement/ Order for set aside/stay and the following stike out. I gather the Judge gave Restons every opportnity to appear and continue with their claim, but they declined.

 

All that said, It is why I asked the original question that started this thread. Can they make a new claim after original has been struck out?

Thanks for hanging in there with me, catch up with you tomorrow.

Thanks Peter

 

 

Hi Peter, thanks for the extra information. I think the main question here is.. have they applied to the court to bring this new claim if it is based on the same facts as previously. IMHO, the facts have not changed in anyway.

 

Anyway, here is a suggestion.

 

 

I think he should fax - do not write - to Restons to tell them that he intends to apply to the local court to strike this latest application out and stay the claim, plus apply for a civil restraint order, because of their behaviour.

 

Mark that without prejudice, save as to costs. (Most important) Give them 3 days to seek instructions from their client and invite them to confirm, by fax/email back - don't wait for post - that they will withdraw their application to reinstate on a permanent basis.

 

If they don't, we'll have to pull an application for all that together, but I think threats of turning Restons costs on themselves should be enough to turn them off continuing. If it doesn't, then the game is on.

 

It will take these 3 days for the flaming Court to receive the transfer of files, etc, as well, but there's nothing we can do in that timeframe, so time to stick the boot in to Reston's.

 

 

If you go with the above advice, then this still gives you plenty of time to submit the AQ as well.

[Clynite]

Many thanks for your input Andy. It appears an excellent piece. I hope everyone will read it and help me decide best course of action.

Many thanks for your help.

Peter

[Clynite]

Hello citizenB, many thanks for update and new advice / info.

 

quote 'Hi Peter, thanks for the extra information. I think the main question here is.. have they applied to the court to bring this new claim if it is based on the same facts as previously. IMHO, the facts have not changed in anyway.'

 

In answer to the above quote; Restons are pursuing exaclty the same claim that was previously struck out. Even the balance is exaclty the same as previous case, albeit less costs. Nothing has changed other than them writing to me requesting settlement of the balance to the account, citing 'I previously admitted liability via a solicitor'. This was one of my defence points in the previous case, whereby I relieved solicitor of their responsibilities to me and continued to defend myself. The Court and Restons were informed and my actions were accepted by the Court. I just believed Restons were trying to unerve me with this ploy. I ignored their letter. Some time later Restons applied to Northampton CC to raise the claim again. This is where it all began.

 

regards Peter

[Clynite]

Hello citizenB,

Just checked details, on my copy of the claim form, from Northampton CC received in July 2009. I spoke to an official at Northampton and my local CC and informed them of the previous strike out etc. They were understanding, but unable to offer any advice. I posted the Claim back to Northampton within the deadline and attached a letter of explanation. In the explanation, I explained about previous case and stike out, also Restons behaviour. They assured me that Restons would get a copy of my response etc.

So Restons are aware of the details, and that is why I assumed they failed to meet their deadline of 28 day response and the claim was stayed. This has been confirmed by Northampton CC. Yet the arrival of the AQ, revealed that they had applied to lift the stay and continue with the claim. So they are fully aware of the situation. Therefore, is there much point in me contacting them via letter or fax as suggested in the quote.

If not, am I right to think, I'l be completeing the AQ as suggested and attaching some further info in relation to abuse of process etc.

At the time of dealing with the Northampton CC claim form, I was not aware of this forum, so acted blindly. Hopefully, I can now, with help from everyone conncerned, ensure I respond correctly.

Regards Peter

[Docman]

When returning the AQ to your local court, you should indicate that you will be making an application to strike out the claim. You will then have to make a separate application on a form N244 in which you can give the reasons for your application.

[Clynite]

When returning the AQ to your local court, you should indicate that you will be making an application to strike out the claim. You will then have to make a separate application on a form N244 in which you can give the reasons for your application.

 

Hello Docman, Thanks for your advice.

Im a little confused. If I understand correclty, I will return the AQ as previously discussed. Do I put any thing on the AQ in the 'other imformation' portion, in relation to the Strike Out or other matters discussed? Then, another separate application (N244) for a Strike Out, on the grounds of abuse of Court Process etc.

Regards Peter

[Docman]

Hi

 

In the section of the AQ headed "Do you intend to make any applications in the immediate future?", just put 'YES'. You then make a separate application on form N244 and send it to the Court with the AQ and the fee for the application of £75.

[Clynite]

Hello Docman,

Thanks for your help. Im going to complete the AQ this weekend, and obtain form N244 for stike out application. Il submit these next week and await the outcome.

Thanks Peter