CL finance claim form GE money

[foolishgirl]

If they discontinued PT, they would have to produce new & strong evidence to the court to get this revived. I suspect they have not & have just reissued the claim. Call the court & ask. This should then all be brought out in your defence. Have you started a thread of your own on this?

[nicklea]

Never mind about asking permission, you haven't had notice of the assignment back to the OC so they have no standing before the court

[pumpytums]

Hi, FG and Nicklea,

thanks for the replies

 

link to my thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?236115-Pumpytums-goes-to-Northampton-Help-Please!/page7

 

Basically if a company is stupid enough to go to court with no documents or even check they exist they should get what they deserve which is naff all.

 

It shows you the level of the OC (who's Spanish CEO nearly got banged up may I add).

 

Nicklea, exactly that would my backup should they produce permission. In my current defence I basically said that the claim was an abuse of process and should it be proved that they didn't require permission or they had sought it and been given it. Then I would submit an amended defence.

 

It would be interesting to see them argue the point they should be allowed a second go because in the first instance they were inept, and continued to attempt to obtain a CCJ on the back of a pack of lies. In the full knowledge they had no right of action. In my original defence I never mentioned the lack of the DN as I had no proof that I hadn't received one. I understand now it is for the Claimant to prove their case, I was greener then.

 

In the original case the OC took over 6 months to produce my SAR which eventually gave me the proof, this would have come too late if my nice judge hadn't simply asked them to produce the documents they relied upon. I actually asked the judge, how do I get them to produce documents when they keep not supplying them. He told me that they must produce the document they are relying on. The Claimants Rep at that point asked for a summary judgement, the judge was having none of it. The rest as they say is history. I suppose they could argue I tricked them by requesting copies of the documents they referred to in their POC.

 

Here is an interesting point about the claim form by the way I called the number on their to ask if they had sought permission as Northampton Court didn't know what I was on about. The number on the claim form by the way has a recorded message saying it's not used for H&C and you should call another one which I did. They tried to direct me to Lewis DCA, I actually said why do I want to speak to them I want to speak to the Claimants Solicitors are you not them? She did a half a$ed job of knowing what I was on about they said I should put it in writing. So for kicks I called the Lewis group. I explained who I was they first response was haven't you just called I said No I just called your solicitors they seemed a bit flummoxed by that. Obviously H&C and Lewis's desks are very close together. So basically that claim form has been no where near a solicitor it's a standard template from Lewis group. So it makes you wonder why they have charged solicitors costs doesn't it?

 

 

Pumpytums

[Hedman87]

##update###

This had reached the point of me submitting the AQ, when my dearest friends at howard cohen sent through a notice of discontinuence. Pretty pleased with this, they should have done this the first time around.

 

Couple of questions:

1. Should I submit the AQ anyway, or phone the court and check they have recieved the notice of discontinuence also?

 

2. I am guessing they can create a new claim at any time, but would need to have a different POC?

 

3. Should I now go for costs, and I claim against the first claim they made?

 

Thanks again for eveyones help, especially foolish.

Edited June 2, 2011 by Hedman87
formatting

[Hedman87]

not if this can be marked as a success?

[DonkeyB]

Excellent - yes, go for wasted costs. If they go for a third bite at the cherry, all we've said up till now still applies, and IMO such a claim may appear vexatious.

 

Well done.

[foolishgirl]

##update###

This had reached the point of me submitting the AQ, when my dearest friends at howard cohen sent through a notice of discontinuence. Pretty pleased with this, they should have done this the first time around.

 

Couple of questions:

1. Should I submit the AQ anyway, or phone the court and check they have recieved the notice of discontinuence also?

 

2. I am guessing they can create a new claim at any time, but would need to have a different POC?

 

3. Should I now go for costs, and I claim against the first claim they made?

 

Thanks again for eveyones help, especially foolish.

 

Excellent news hedman!!

 

Just advise the court that the case has been discontinued by the claimant & send a copy of HC's letter.

 

They could submit a new claim but it would have to be on completley different grounds to stand any chance.

 

YES, YES - you must submit your costs & QUICKLY!

You can submit for both cases together but I suspect the first may be ruled out on time. All costs are at the discretion of the court anyway so you should support your application with reasons as to why you think they should be awarded. Use an N244, don't just rely on a letter to the CM.

[Hedman87]

Ok great thanks,

 

Just need help with responses to the individual points made in their witness statement.

 

My thread from a few years ago I was talking about

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?240548-CL-finance-claim-form-GE-money&p=3436497#post3436497