County Court Claim

[Jamesx81x]

Hi

 

I received a County Court claim form today as a creditor has re-issued proceedings against me after withdrawing from the original claim form.

 

Attached to the claim form is a notification of a hearing that is due to take place in July.

 

What is confusing me is that if you add the 5 days for delivery on to the issue date then count 28 days for an Acknowledgement of Service which i intend to file this will give me until 2 days after the hearing date.

 

Also how can i have a hearing when i have not even replied to the claim pack as yet? From the original claim i cannot recall a hearing date been attached. It may well have been but do not recall it.

 

Thanks for the help.

 

James

[Jamesx81x]

Anyone?

 

Thanks

[rebel11]

Hi james

 

The guys will be happy to advise as soon as they are available.

[AndyOrch]

AoS is 5 plus 14 James not 28.

 

Regards

 

Andy

[Jamesx81x]

Yes then the further 14 days for the acknowledgement of service i also mentioned which in total is 33 days

[AndyOrch]

" What is confusing me is that if you add the 5 days for delivery on to the issue date then count 28 days for an Acknowledgment of Service" ( you dont you count 14)

 

33 days 5 served (leaves 28) 14 to AoS ( if you defend and only if you defend ) plus another 14 to submit your defence.

 

Andy

[Jamesx81x]

I am counting date of issue 3rd June 5 days from then for service is 8th

 

14 days to submit a defence further 14 days for Aos which gives you 28 days to submit a defence

 

My point what is been missed is i have a hearing for a date which is 2 days before my AoS will run out

[AndyOrch]

I am counting date of issue 3rd June 5 days from then for service is 8th

 

14 days to submit a defence (no 14 days to AoS) further 14 days for Aos (no further 14 days submit your defence) which gives you 28 days to submit a defence

 

My point what is been missed is i have a hearing for a date which is 2 days before my AoS will run out

No before your Defence period runs out.

Andy

 

 

 

[Jamesx81x]

So why exactly would u be given a hearing before your period to submit a defence runs out?

[AndyOrch]

Not sure what does it state on the General Order for the hearing.? Maybe to decide if the claim may be reinstated perhaps?

[Jamesx81x]

I'm not too sure prob will have to check with courts to see exactly what it is for

[eggy12]

More to the point, How can they issue the same claim against you.. Is this what the hearing is about ? As far as im aware its up to a judge to "say" if the case can be heard again !

IMO

[Jamesx81x]

Just says fifteen min hearing no details other than time and date

[Jamesx81x]

They believe they can re-issue the claim against me as first time round when they discontinued they then claimed that as the agreement was terminated on a defective notice then the agreement was still live

 

I know they need the courts permission to reissue proceedings so am hoping that is what the hearing is for

[AndyOrch]

Just check with the Court James whats it in relation to tomorrow. The General Order should have a claim number anyway does it match your summons case number?

[Jamesx81x]

Yes it matches up I will get intouch tomorrow

[AndyOrch]

If the hearing is with regards to re issue of the same claim then you need to arm yourself

with the relative CPR to oppose their claim in time for said hearing.

 

 

Regards

 

Andy

[Jamesx81x]

Popped into court today to hand a form in and asked them about the hearing, they informed me that as it was a return of goods claim then the normal rules didnt apply. Not overly bothered as it is only a case of 2 days anyway just confused me when i received the claim.

 

What i am wondering is how i go about applying for the courts to stay the claim as there is a case going through the court of appeal at the moment regarding the same situation, termination of agreements on defective default notices then been able to issue further claims etc. The OFT informed me they are also waiting for the outcome of that case when i queried the correct meaning of Section 87-88 with them. As it is going through a higher court then the outcoe of that case will be binding and all cases the same in the county courts will it not?

 

Aslo how do i find out if the creditor has applied to the courts under CPR 38.7 for permission to bring the claim and am i entitled to know this.

 

Thanks for the advice

 

James

[Jamesx81x]

Quick one are the The White Book 2011 Volumes for Civil Procedures the actual literature that is used by lawyers and judges within the courts?

[Jamesx81x]

Anyone?

[Jamesx81x]

Ok.... If nobody can answer that what about this one..?

 

Can a creditor only refer to what is listed in the POC at a hearing? For example if they refer to letters or other documents then would these have to have been listed in their claim?

 

Thanks

 

James

[citizenB]

James your questions are all over the place and we dont have any background!

 

Can you please summarise the situation in order for people to best advise you. My understanding is ..

 

That a claim had already been issued and discontinued for what ever reason.

 

Are they bringing this 2nd claim against you on the same grounds as before. As far as I understand this cant happen.

 

You ask about documents etc being relied on. If it has been mentioned in their witness statement, or disclosure lists then they can rely on them. I dont think they can ambush you with "new evidence" at trial.

 

Is this a resurrected claim or a new claim. If resurrrected, did they ask permission from the court.

 

I think yes, if you can substantiate your request, you can ask for the case to be adjourned pending the outcome of a the hearing you mention.

[AndyOrch]

Ok.... If nobody can answer that what about this one..?

 

Can a creditor only refer to what is listed in the POC at a hearing? For example if they refer to letters or other documents then would these have to have been listed in their claim?

 

Thanks

 

No they can also refer to their disclosure list N265, if it as passed that stage

 

 

James

 

 

Andy

[Jamesx81x]

Thanks for the advice i was trying to keep the questions apart so not to confuse each point apologies if my posts have had the opposite effect

 

Yes they discontinued first time round due to what they the sated as 'purely economical reasons' - the real reason been they based their claim on a defective default notice as later admitted by them.

 

The second claim has been issued against CPR 38.7 in that they have not asked the courts for permission to make a further claim, as would this not warrant a hearing for the judge to decide if he was going to let a further claim proceed?

 

Yes it is on the same facts as the first time only difference been is they have come up with a further default notice on an already terminated account, which that aside is inaccurate again anyway.

 

As for the court of appeal hearing i have the details of the hearing and the email the OFT sent me in relation to my query.

 

The hearing is fast approaching and i just want an end to it all to be honest. I have told them i will pay what i owe on the agreement providing they can accurately state what is owed. So far they have failed to do this, ignored my initial requests to come to an arrangement and seem to be trying to bend every regulation they can and that is the reason i am defending.

 

Thanks for the help

[citizenB]

Doesnt make sense to me. I am sure they cant bring the same claim again.

 

Perhaps Andy can offer more advice on that one

 

I guess you need to make sure the Judge understands that it isnt only the question of the DN being issued after termination.. but that they have failed to provide you with an accurate accounting so you CAN pay ?