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      I left Dubai 8 years ago and intended to return. However a job prospect fell through. I’d been there for 15 years. I decided to pay my credit card and the bank had frozen my account. There is no means to pay the CC so completely unable to pay when I wanted to other than the bank advising me to ask a friend in the UAE to pay it on my behalf!  fast forward bank informs there is a police case against me for non payment. Years later IDR chased me and after months/ years they stopped. Now Judge & Priestley are trying their luck. Now I have received an email in English and Arabic from JP saying the bank has authorised them to collect debts. Is this the same as IDR although I didn’t receive anything like this from them. Just says they are authorised?
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Double claim ***WON***

robjam1969

By robjam1969
in Financial Legal Issues

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robjam1969

robjam1969

Posted
Posted

Hi folks

 

Had a tower capital claim struck out last month. Ignored CPR and the court. Got an identical claim today with no reference to previous claim. I wasn't going to bother with wasted costs but tempted now.

 

What is the best way forward from here. Any thoughts appreciated.

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robjam1969

robjam1969

Posted
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Hi

 

Yes embarrassed defence entered and judge made an 'unless order' as no AQ received from Tower..

 

Phoned the court a week or so lafter the deadline date and told it was struck out. I thought they needed the courts permission to start again? I suspect Tower may have issued by mistake?

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robjam1969

robjam1969

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Ok phoned the court and claim is still struck out. They have received an application to reinstate but DJ has not made a decision on this yet. So Tower have taken it on themselves to issue a new claim.

 

How can I put myself in a strong position on this? I suppose I will have to reply to the new claim. Can't let them win by default. Hopefully DJ will tell them where to go.

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diddydicky

diddydicky

Posted
Posted

hopefully pt might come in on this one- the general rule is that they cannot issue new proceedings based on the same facts therefore i would imagine that if they have done so without the permission of the court you should be able to get them struck out on that ground alone

 

hit the red triangle to get info from the site team

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citizenB

citizenB

Posted
Posted

What dd has said is correct, I am surprised they have issued a new claim if they havent received permission to do so.

 

What is the date of issue on the claim form, so we know what time line we have to stick to.

 

I would say your first move is to acknowledge receipt and your intention to defend all of the claim.

 

I will try and get you some more help.

 

BTW, was this claim issued out of Northampton or from your local court.

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citizenB

citizenB

Posted
Posted

Is it this claim that is being recycled/resurrected ?

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/192864-cohens-claim-form-received-11.html

 

:)

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diddydicky

diddydicky

Posted
Posted
What dd has said is correct, I am surprised they have issued a new claim if they havent received permission to do so.

 

What is the date of issue on the claim form, so we know what time line we have to stick to.

 

I would say your first move is to acknowledge receipt and your intention to defend all of the claim.

 

I will try and get you some more help.

 

BTW, was this claim issued out of Northampton or from your local court.

 

might pay to also put in a one line holding defence so that when THIS one gets struck out this is also prevented from a new claim (JUST- in case they drum up some new facts)

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DonkeyB

DonkeyB

Posted
Posted

Mention also that, without the permission of the court to resurrect the old claim, you believe their issuing of a fresh claim to be vexatious in the extreme.

 

Such language would not go unnoticed by them or the judge in your defence. Have you checked what's on your credit record?

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robjam1969

robjam1969

Posted
  • Author
Posted

 

Thanks for all the replies - this is separate claim with date of issue 8 may. Nothing to do with cohens. I am going to do some Reading but assume I will have to go down the defense route again. Both claims from tower came via Northampton.

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robjam1969

robjam1969

Posted
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I am just about to complete on line. As the claimant as yet doesn't have the courts permission to instigate new proceedings is it to my advantage not to request the extra 14 days to submit a defence.

 

Tower didn't comply with CPR last time and I issued embarrased defence (i do know their default notice is incorrect but was saving this for a full defence later!!)

 

I can therefore defend along the lines of last time with the added vexatious proceedings element added.

 

Any thoughts?

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citizenB

citizenB

Posted
Posted

sorry, robjam, I dont understand the question. You want all the time you can get.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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robjam1969

robjam1969

Posted
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Thanks CB

 

My defence hasn't changed since last time other than their original claim was struck out and court has not given permission (yet) to reinstate. I was just going to add this detail to the top of my old defence.

 

I just thought that it might be an idea to get this aditional info in front of the DJ asap. I could request the additional 14 days but is there any advantage in doing this?

 

Hopefully this makes more sense this time.

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robjam1969

robjam1969

Posted
  • Author
Posted

This gets more interesting.

 

Rang the court today to check if Tower have been given permission to reinstate claim. The clerk told me they had asked for the reason for strike out and not to reinstate. (surely they should know! - ignoring court etc)

 

I have issued my defence (again!) but started by referring to the previous claim. I have asked for a strike out based on the fact they don't have permission and their particulars of claim are identical.

 

I intend to have some sosts of them in time all going well.

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  • 1 month later...
robjam1969

robjam1969

Posted
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Hi All

 

After a lull I have had the court paperwork for a hearing in July - not overly fussed about that. A little disappointed I couldn't get this thrown out as just a rehash of old proceedings. I submitted an embarrased defence first time round and reiterated on the second claim.

 

As for next steps do I issue a fresh CPR letter? They never responded to the first one! or sent me a copy of their AQ as per the courts instruction.

 

At the moment I am relying on an invalid default notice and the first claim being struck out.

 

Any thoughts much appreciated

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  • 3 weeks later...
robjam1969

robjam1969

Posted
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Could do with some help if anyone has some thoughts on this.

 

I have till 11 June to provide court and Tower with any paperwork I want to rely on. I have my original CPR request and two default letters (both 14 days in total to comply). Hearing is set for early July.

 

Do I need to submit copies of the courts orders from the previous case that was struck out. Surely the DJ will be able to see this from the court records.

 

I was also intending to draw up a schedule of costs from the first claim.

 

Happy enough to go to court but want to make sure I don't shoot myself in the foot before I get there. Thanks

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robjam1969

robjam1969

Posted
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Thanks for the reply Freaky

 

I will make sure I copy all of the previous court orders including the ignored unless order.

 

Would it be considered a bit presumptive to mention my 'wasted' costs from the first claim. I have drawn up a schedule and was going to include it in my bundle.

 

I have hear nothing from Tower so assume they are going to ignore the courts latest deadline - a shame if they intend relying on a credit agreement they fail to disclose.

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