Glad VS Halifax - Court messed up

[glad]

Despite getting my money back from the Halifax in 2007 I have today received a letter from my local county court informing me that my case was heard yesterday & the judge ordered that the claim is

1. struck out under Civil Procedure rule 3.4(2) as particulars of claim disclose no reasonable grounds for bringing the claim

2. No order for costs

3. because this order has been made by the court on it's own initiative without service of an application or notice of a hearing being given, the claimant has the right to apply to have the order set aside or varied. any such application must be sent or delivered to the court to arrive within 14 days of this order.

 

This is all well and good but Halifax gave me my claim money back & the court was informed of this in 2007. So it had all finished.I have just spoken to the court who admit that the claim was stopped so an error has been made by them. I am now concerned that a copy of this judgement has been sent to the Halifax & they will now want the money back. When they refunded the money the last letter I had from them stated that they would reimburse £4091 without admission of liability.

[bennyowen]

If the money refunded to you earlier (£4091) was as a result of "goodwill gesture" and without accepting liability, Halifax will not go back on its goodwill gesture.

 

The court should resolve their own mistake.

[glad]

The thing is it was quite a while ago now & there is no "goodwill gesture" mentioned in their letter just that it would cost them too much to defend the case so would reimburse me without admitting liability.

[bennyowen]

Since the court agreed with you on telephone that it is their error, you should request that they write back to all parties highlighting the error.

[bennyowen]

If the court refuse to write back to all parties highlighting the error, you will have to go through the route for Application Notice to set aside the judgement before 14 days. You will then state in the Application Notice that the claim has since been discontinued and the court has not updated its records.

[glad]

I have just spoken to the court who tell me that it appears that all old claims went in on mass for judgement & it wasn't checked that mine had been settled. The error will be brought to the judge's attention & they will inform me when he has amended the judgement. They don't know what the amendment will be. What a mess!!!

[Coactum]

I'd guess that the court are merely covering their back here. If the court rulled in your favour I'm certain that cannot be later overturned through an administrative blunder. I'm certain that you will have a positive outcome to this albeit it might take a while to be confirmed.