CL finance claim form GE money

[foolishgirl]

and is this from the date on the letter received confirming the judges decision? this was obviously a few days after the hearing?

 

thanks

 

I think it's from the date of their receipt of the notice hedman but maybe someone else will confirm.

I know that if you wish to apply for a set aside of a judgment for some reason, it should be done within 14 days but not sure of the strike out rule. If the claimants were represented in court, I don't think they would stand much chance but if the judgment was given in their absence, they may have an argument.

[Hedman87]

thanks for the info! Yeah foolish has been great. I was a little surprised how persistent this lot were, the 2nd hearing was with a different judge....I don't think it should have got this far. Will wait and see what appears next week. One thing I would tell anyone reading this, is don't be afraid of the court, CL and the likes are playing the system and you need to do the same. But you must absolutely respond to everything on time.

 

I suspect this one isnt over yet, will keep you posted.

 

cheers

[Hedman87]

no appeal by CL and they wont be as they didnt attend. I will now submit my costs claim.

 

cheers

[debbbbsy]

no appeal by CL and they wont be as they didnt attend. I will now submit my costs claim.

 

go for it. :whoo:

 

debs xxxx

[Hedman87]

cheers, are they any links to costs letters for a case similar to mine? ie credit card and ccj?

[Rom]

Wow, interesting thread. It's amazing how HC and CL try to go for loads of people and get away with it and all the people who haven't found this site will have fallen foul of the complicated legal system. Excellent support from FG, who has really helped me, and others. Keep us posted hedman.

[Hedman87]

I am still a little confused as to the method I should use to go after costs, I have found some good info here http://www.consumeractiongroup.co.uk/forum/showthread.php?163222-Welcome-Cohens-case-withdrawn-***WOO-HOO-***/page12&highlight=bill+costs

 

My case was struck out but they didnt withdraw.....any direction would be great.

[foolishgirl]

Not reread your thread hedman, but if the case was struck out, you can make an informal app by a letter to the court but I suggest that as it was a while ago you make a formal app - the form will depend on whether you go for summary or detailed assessment.

 

These links may help you: http://www.consumeractiongroup.co.uk/forum/showthread.php?65921

 

This one by X20: http://www.consumeractiongroup.co.uk/forum/showthread.php?150028-arrow-global-receivables-cope-s-solicitors&p=1693196&viewfull=1#post1693196

[Hedman87]

Looks like CL wont give up. They have just issued a new claim, can someone please advise/help when a claim has already been struck out but they are trying to push it through again. thanks

[DonkeyB]

What’s the PoC on the new claim? Did they ask the court for permission, and have you received any communication from them in the meantime?

[DonkeyB]

And did you get your costs from the last case?

[Hedman87]

thanks for the reply. I received communication from them a few months ago advising that neither party had attended the hearing and they hadn't received the copy of the hearing order. If they didn't receive payment they would restart court proceedings.....

 

No I stupidly didn't pursue costs for the previous claim.

[DonkeyB]

So they are saying they did not receive a copy of the judgment striking out their claim? I suggest you send them a copy. They are full of bluster – the court will not, hopefully, entertain this.

 

Again, what’s in the PoC for the new claim?

 

Think you might be able to pay for a summer holiday if you handle this right.

[Hedman87]

they have said they did not receive a copy hearing order...now I received it with the advise that the claim had been struck out completely. I am going to take a look at a the POC but it looks identical.

 

The order I received was on a single piece of court headed paper, is that all you would normally receive?

 

thanks

[DonkeyB]

Can you clear a couple of things up?

 

1. Was the case struck out without a hearing, ie. neither you nor they attended court?

 

2. You received a notice from the court that the case was struck out?

 

3. They are claiming not to have received a copy of that notice?

 

If this is the case, they are telling fibs.

 

Because if they claim not to have received that notice, they would be of the impression that the case was stayed, would they not? There would be no need for a new claim – just an application to lift the stay.

 

The judge will love this...

[foolishgirl]

 

3. They are claiming not to have received a copy of that notice?

 

If this is the case, they are telling fibs.

 

Because if they claim not to have received that notice, they would be of the impression that the case was stayed, would they not? There would be no need for a new claim – just an application to lift the stay.

 

The judge will love this...

 

They may well be telling fibs DB but I can't agree with you that the judge will love it. I suspect that they may get leave to have the case dealt with again

 

There is a similar case here - a salutary tale:

http://www.consumeractiongroup.co.uk/forum/showthread.php?210585-Claim-struck-out-can-creditor-make-new-claim-Well-they-have-issued-new-claim.

[DonkeyB]

I understand, but my point is one of logic - I meant the judge would not be impressed by what would clearly be a lie, if the facts are as stated. As for the judge lottery... we need the OP back here, sharpish, so this can be challenged asap.

[Hedman87]

hi guys,

 

Sorry for not replying sooner. I have now acknowledged service of the claim...and looking to see what angle I approach this from? Do I need to submit the same defence? The POC is the same...and I have sent a copy of the struck out order from the court to them.

 

thanks

[Hedman87]

anyone? cheers

[Hedman87]

I am guessing my defence would be largely the same, but the additional points that this claim has been previously struck out?

[Hedman87]

Any help with amending defence would be much appreciated, I have just under a week to submit.

 

thanks!

[DonkeyB]

Have you had any response to your letter to them? Have you called the court to see if they have applied for permission to reinstate the claim?

[nicklea]

Have you read the link that foolishgirl gave you above?

 

There is plenty of advice there. This is on the very first page:-

 

Assuming the second claim mirrors the first, the proper thing to do is to submit a Defence pleading all that may be available by way of defence (there may be an issue over the default notice I gather) plus a plea of res judicata and that the cause of action now relied upon merged with the order striking out the claim which was not appealed and remains the decision of the court on the set of facts forming the second claim.

[DonkeyB]

CPR 38.7 is your reference, I believe.

[pumpytums]

Hi,

I had a account sold to a well known DCA they went to court and discontinued, I file a defence too.

 

The original OC has repurchased the account allegedly (I have no NOA) and reissued through Northampton.

 

How do I go about asking if they have requested permission?

 

Thanks

 

Pumpytums