bacxkdoor Phoenix/Carter CCJ - LIttlewoods cat debt - set aside **WON+COSTS**

[cerberusalert]

Well done, title duly changed.

[DonkeyB]

Thanks C.

[cashins]

Well done........I do hope that Mr Carter is reading this.

 

I hope he's reading this - :lol::lol::lol: - as well

 

Well done Magician

 

david

[twofoot]

Make sure you send in the bailiffs at the first chance. That was quite an amount for costs for well done.

[rev.ian]

well done and God bless the Judge.

[palomino]

To be pedantic you didn't actually have a battle because BC chickened out. But I'm not intending to be churlish - all your preparatory work paid off very well indeed and you deserve lots of kudos for that.

[sleepingdog]

Great result . I have just posted a post concerning Mr Carter and yes the debt is also owned by Pheonix and they have got CCJ . So your battle has been won and ours about to start lol

sleepindog

[themagician]

To be pedantic you didn't actually have a battle because BC chickened out. But I'm not intending to be churlish - all your preparatory work paid off very well indeed and you deserve lots of kudos for that.

to be so conceited and pompous, i can only pressume that you have nothing better to do with your time!

when entering a battle of which you join as the underdog, and the aggressor so wishes to entertain as the master! it does not matter what happens at the start / middle / or end the battle is won by whome is triumphant not who came second! ( carter).

not only that who gives a S**t what you think!

go bother someone else!

[palomino]

themagcian, thank you for your kind thoughts. I'm not conceited and pompous, merely pedantic. As you have testified yourself being precise and correct (pedantic) wins in the end. My comment was intended as a compliment.

I had and have no intention of 'bothering' anyone, least of all yourself. Perhaps you are of a frame of mind where you react at the slightest perceived criticism. I used to do that a lot - and still do sometimes even now.

 

As for your case from my personal experience you may find you have won a battle but the war will continue. I would humbly suggest you keep everything ready just in case.

[themagician]

themagcian, thank you for your kind thoughts. I'm not conceited and pompous, merely pedantic. As you have testified yourself being precise and correct (pedantic) wins in the end. My comment was intended as a compliment.

I had and have no intention of 'bothering' anyone, least of all yourself. Perhaps you are of a frame of mind where you react at the slightest perceived criticism. I used to do that a lot - and still do sometimes even now.

 

As for your case from my personal experience you may find you have won a battle but the war will continue. I would humbly suggest you keep everything ready just in case.

and i would suggest that in future you do not add any of your personel wisdom to any of my future or existing threads.

your obviously a doom and gloom merchant!.

" moderaters can this blocked so as not to happen."

[spamheed]

and i would suggest that in future you do not add any of your personel wisdom to any of my future or existing threads.

your obviously a doom and gloom merchant!.

" moderaters can this blocked so as not to happen."

 

 

I think you need to take a look at the posts again, Palomino is a knowledgeable member of this forum and has helped and assisted a great many consumers with their problems and he was merely pointing out that these companies have a habit off repeatedly popping up until you kill their claim stone dead.

 

What he has also pointed out is that whilst they have failed to turn up, you have in fact won by default, not as a result of the strength of your defence, but rather simply down to the fact that you created one at all.

 

This hasn't killed off their claim at all, merely tested the waters.

 

Good Luck with whatever they try next

[sleepingdog]

Hi themagcian ,As I said before great result but must also add from my experiance that palomino has offered many posters on this site, myself included good advice , it is also good to have input from differing opinions that is what makes this site so good. It is of course up to you how you interperate the posts but even where the advice is not to your liking it does not mean the poster has intended to offend.

sleepingdog

[themagician]

I think you need to take a look at the posts again, Palomino is a knowledgeable member of this forum and has helped and assisted a great many consumers with their problems and he was merely pointing out that these companies have a habit off repeatedly popping up until you kill their claim stone dead.

 

What he has also pointed out is that whilst they have failed to turn up, you have in fact won by default, not as a result of the strength of your defence, but rather simply down to the fact that you created one at all.

 

This hasn't killed off their claim at all, merely tested the waters.

 

Good Luck with whatever they try next

so what if they had turned up and the judge had given in my favour with the evidence provided ,what would the result have been that killed off the claim,would it have been set a side? a strike out ? would it involve being awarded costs,in yours or any other long established caggers opinion what would be the killing outcome???

what would the judge have to award to kill the claim off completely ???

[themagician]

really strange as i got and appreciated many well done etc from many long established caggers but only palamino was the one who pointed out ,my failure or awareness that this may not be the end.

strange the judge said it was!.

[spamheed]

so what if they had turned up and the judge had given in my favour with the evidence provided ,what would the result have been that killed off the claim,would it have been set a side? a strike out ? would it involve being awarded costs,in yours or any other long established caggers opinion what would be the killing outcome???

what would the judge have to award to kill the claim off completely ???

 

 

The judgement was set aside, this simply reverts the debt back to the preliminary stage as if no court action had taken place. The creditor can very simply begin enforcement action against the debt at a later date with a revised poc.

 

This forum is aimed at assisting others with their debt related issues, it is based on the exchange of information and respect for those who voluntarilly pass on advice based on their own experiences. If you feel that a post is incorrect or is not relevant then fine, ignore it and move on.

 

As I said on an earlier post: Good Luck with whatever they try next

 

On that note, I will respectfully withdraw from this thread

[themagician]

The judgement was set aside, this simply reverts the debt back to the preliminary stage as if no court action had taken place. The creditor can very simply begin enforcement action against the debt at a later date with a revised poc.

 

This forum is aimed at assisting others with their debt related issues, it is based on the exchange of information and respect for those who voluntarilly pass on advice based on their own experiences. If you feel that a post is incorrect or is not relevant then fine, ignore it and move on.

 

As I said on an earlier post: Good Luck with whatever they try next

 

On that note, I will respectfully withdraw from this thread

sorry! thankyou for your input but you do really need to read the thread!

the judge set a side the ccj " yes" the judge struck out the claim " yes"

the judge awarded me the costs " yes". he struck out the claim so that it could not be brought to court again is that correct or not???.

or is there something you know and i dont!.

ps you did not answer the original question! QUOTE!

so what if they had turned up and the judge had given in my favour with the evidence provided ,what would the result have been that killed off the claim,would it have been set a side? a strike out ? would it involve being awarded costs,in yours or any other long established caggers opinion what would be the killing outcome???

simple question!

Edited February 7, 2010 by themagcian

[Linus]

well done magician, good to see carter fall, congrats.....

[noomill060]

A setaside is just that. Its not like its been crushed in a steam press like at the end of Terminator.

 

He'll be back.

 

Maybe.

[davybuk]

sorry! thankyou for your input but you do really need to read the thread!

the judge set a side the ccj " yes" the judge struck out the claim " yes"

the judge awarded me the costs " yes". he struck out the claim so that it could not be brought to court again is that correct or not???.

or is there something you know and i dont!.

ps you did not answer the original question! QUOTE!

so what if they had turned up and the judge had given in my favour with the evidence provided ,what would the result have been that killed off the claim,would it have been set a side? a strike out ? would it involve being awarded costs,in yours or any other long established caggers opinion what would be the killing outcome???

simple question!

 

Spamheed is right..It can be brought in court again..a strike out does not stop them from trying again if they want too....it just sets it back like it was before it was initially tried..

[theoldgit]

Playground bullies always lose in the end.

 

Well done for taking a stand.

[cashins]

Spamheed is right..It can be brought in court again..a strike out does not stop them from trying again if they want too....it just sets it back like it was before it was initially tried..

 

Not quite, in my opinion.

 

They would struggle going for a re-run of essentially the same case, although the dafter of them, (in the case below Restons fit the bill), could possibly try as per here:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/210585-claim-struck-out-can-8.html

 

A lot of hassle but no suprise in that they lost, a rather expensive mistake for them.

 

If they couldn't come up with the goods first go round, very unlikely they could on the second.

 

Carter & Phoenix are chancers but pretty much hit and run and I would be suprised if they had another go.

 

David

[Belaflat]

I agree with Cashins. If all that happens in either scenario is a resetting of the clock then why would the Judge pronounce both a set aside and a strike out.

 

A set aside restarts the clock and the same case is re-run.

A strike out means the case has failed before it has started so why would it be allowed to re-run the same course.

[themagician]

I think you need to take a look at the posts again, Palomino is a knowledgeable member of this forum and has helped and assisted a great many consumers with their problems and he was merely pointing out that these companies have a habit off repeatedly popping up until you kill their claim stone dead.

 

What he has also pointed out is that whilst they have failed to turn up, you have in fact won by default, not as a result of the strength of your defence, but rather simply down to the fact that you created one at all.

 

This hasn't killed off their claim at all, merely tested the waters.

 

Good Luck with whatever they try next

VERY SIMPLE QUESTION!

how has this not killed off the claim ???????? tested what waters ????

[themagician]

I agree with Cashins. If all that happens in either scenario is a resetting of the clock then why would the Judge pronounce both a set aside and a strike out.

 

A set aside restarts the clock and the same case is re-run.

A strike out means the case has failed before it has started so why would it be allowed to re-run the same course.

this is exactly as the judge put it to me,

i set aside ccj! i strike out the claim ,then they cannot bring it to court again job done! cheers caggers.

thanks belaflat & cashins.

[themagician]

I have decided that due to the outcome of my court cased ending in the result being flexible,not totally to a conclusion !i feel that i need an end to this thread now!

thankyou for all your input and support especially palomino to whome no offence was intended .

LIFE WILL GO ON AND THE DCA,S WONT STOP COMING ! SO BE PREPARED FOR THEM WELL AFTER WHEN YOU THINK YOU,VE WON !

 

THIS THREAD HAS NOW ENDED THANKYOU ALL CAGGERS.

 

cheers THE MAGICIAN.