Barclays - WON - but reneged on agreement to pay. Suggestions Please?

[Bartok]

I would write to the Court Mgr and ask why you were not informed of the Strike Out Application, or given the opportunity to attend and represent your interests.

 

I think you need more info before you decide how to act or who to complain to.

 

Can you let me know anything else needed? I do have all three case bundles scanned and ready for upload.

[Bartok]

I would write to the Court Mgr and ask why you were not informed of the Strike Out Application,

 

My apologies, we were informed of the application, but we did not receive notice of the hearing date.

[Bartok]

DRAFT LETTER, any comments good and bad.

 

The Court Manager

Horsham County Court

Law Courts

Hurst Road

Horsham

RH12 2EU

 

18 July 2011

 

Dear Sir,

 

RE: [XXXXXX]

 

I write in reply to receiving an order made in my absence.

 

I confirm the court did not send me a notice giving the date of the hearing.

 

This has exposed me to a loss of £905 plus the amount of my original claim and associated court fees.

 

I understand I need to give the court service a reasonable opportunity to put things right in the form of an “official complaint”, and I look forward to receiving an early and positive outcome.

 

Yours Sincerely

 

 

 

[NAME] (Claimant)

[slick132]

Perhaps this would be more appropriate:-

 

Dear sir or madam,

 

Claim No 1AB23456

 

I refer to the Order made by Deputy district Judge Byfield on 4th July, issued by your court on 15th July.

 

Whereas I was notified that the Defendant had made an application for Strike Out, I was not informed of the date of the hearing.

 

It is clear that the Defendant was represented by Counsel but I was noted as "not attending".

 

I respectfully suggest that I should have had the opportunity to represent my case when the Application to Strike Out was heard. I believe my claim had merit and a chance of success.

 

I would also have liked to address the court concerning the issue of costs which, in my absence, were awarded against me at £905.

 

Please look into this matter and let me know why I was denied the opportunity to put my case, and how you intend to rectify the situation.

 

I look forward to your early response.

 

Yours faithfully,

[Gaston Grimsdyke]

Any party is entitled to apply to set aside an order made in their absence. It will have to be done on notice - fee £80 - and reasons given for non attendance. Another hearing date will be fixed. The reason the bank got their costs is because this was not a small claims trial, but an application and costs can be claimed on the hearing of an application even if the matter has been referred to the small claims track. Alternatively, they can be claimed on a small claims trial if the losing party has behaved "unreasonably". Only read the thread briefly but looks to me like this is the third set of proceedings, effectively claiming the costs of the second set of proceedings. It also looks to me like the second set of proceedings were flawed and wrongly issued so there was never going to be any chance of succeeding in those and therefore no chance of the bank being ordered to pay the costs. The judge may have taken the view that the third set of proceedings was "unreasonably behaviour". An application to set aside the current costs order might simply result in even more costs being incurred.

 

Incidentally estoppel can only be used as a defence to a claim, and not a claim itself.

[Bartok]

Slick, that is a very good letter, thank you. I wish I had your knack for it

[Bartok]

Any party is entitled to apply to set aside an order made in their absence. It will have to be done on notice - fee £80 - and reasons given for non attendance.

 

That would imply that I have to pay a fee to ask the court to comply with its own rules, it was the court administration that resulted in the claimant not receiving notice of the hearing.

 

Incidentally estoppel can only be used as a defence to a claim, and not a claim itself.

 

You could well be right !! this might explain why the case was struck out.

 

Unfortunately I didnt have counsel to represent me.

[Bartok]

I would also have liked to address the court concerning the issue of costs which, in my absence, were awarded against me at £905.

 

I might be nit picking, but the order says the claimant should pay. Going by usual court vernacular, it doesn't say the claimant do pay ...

 

and this doesnt appear to be a judgement, thus cannot be enforced, can anyone better informed confirm this?

[slick132]

Hi Bartok,

 

Send off the letter. You may get some explanations from the court, which cost you nothing.

 

You can then decide if it's worth pursuing by way of a Set Aside application.

 

The wording of the Order is not questionable. If you don't pay the costs, I assume further action will be taken by the bank's sol'rs to enforce payment.

 

Pay careful attention to the sound advice given by GG in post #80.

 

[Bartok]

I had already sent my previous letter, so I'll send your letter above if I dont get a positive reply from the court manager.

 

Someone suggested speaking to my MP, because the court did not follow procedure to allow me reasonable time to represent my interests. Is this a reasobable course of action?

[slick132]

Hi Bartok,

 

Personally, I think involving your MP is unnecessary at this stage.

 

If the court has messed up, they should sort it out. If they fail to do so, there are procedures for complaining.

 

See how the court responds.

[Bartok]

I think the complaints procedure is the way to go. Does anyone know the procedure?

 

The resolution I would like is:

 

1. The court to cancel the order.

 

If they cant then:

 

2. The court pay compensation for my losses and the amount of the original claim as a result of court administration.

 

Is this reasonable? if not, what would be reasonable?

[slick132]

Further info is readily available if you search for it.

 

http://www.google.co.uk/url?sa=t&source=web&cd=4&sqi=2&ved=0CC4QFjAD&url=http%3A%2F%2Fwww.aboutsmallclaims.co.uk%2Fmaking-complaint-about-small-claims-court.html&ei=d6koTvW7H8-o8QP0-fisAw&usg=AFQjCNEHGUS6auduMOjh6Rz9grfhcRzvoA

 

But I think you need to bear in mind that you also made mistakes yourself, eg with the 2nd claim that you issued.

 

Do some further research but wait for the court's response.

 

[Bartok]

The link is very useful, I think complaint then MP is the way forward.

 

As for the second claim, I dont think its unreasonable, not on the scale as freeloading £4400 of money the defendant were supposed to be entrusted with, then agreeing to repay half of it and breaking that agreement. That breach incurred costs and its only those costs I am asking the defendant to repay. This all happened before OFT v Abbey even started.

 

I dont know if that would stand as a reasonable defence for £905 costs and a strike out. Any opinions?

[Bartok]

The court has allowed me to make without a fee, an application to set aside the Order of July 15 and enclosed an N244.

 

Set aside the Order of 15 July 2011

 

because

 

The Claimant did not receive a notice of the hearing from the court and not given a reasonable opportunity to represent her interests.

 

 

Any Advantage/disadvantage in a telephone hearing or going without a hearing? Dont really want to commit any more time in attending.

 

Any comments on my Q3 above?

[slick132]

Hi Bartok,

 

If I understand correctly, the court has said you can make an Application to Set Aside.

 

Do this on Form N244 and await the outcome. If the court sets aside the judgement, I assume you'll be given the chance to put your case at a future hearing date.

 

[Bartok]

Hi, yes this is a set aside application and I have completed the N244.

 

I was womdering if my answer to Q3 on the N244 was OK before I commit to returning it to court.

[slick132]

I was womdering if my answer to Q3 on the N244 was OK before I commit to returning it to court.

 

Then you'll need to let us know what answer you put on the form.