Claim Form - arrow global/HBOS CC. *** DISCONTINUED ***

[dx100uk]

get a ppi claim going

i dont think they'll try again

cant have 2 bites of the CCJ cherry

 

dx

[mooshy]

Ok i spoke to the court and they say that if i`ve not heard by Monday to write to the court stating that the order was not met . They said they will put it infront of the DJ who will prob strike it out at no further cost to me. The 7 days is from the 14th even tho the order was made on the 12th ?? Anyway i`ll draft a letter tomorrow and post it after end of business or first thing Sat then fingers crossed for a strike out .

Thanks both-yes i`ll def fill out a PPi if i can reduce tthe debt even better x

[AndyOrch]

Ok i spoke to the court and they say that if i`ve not heard by Monday to write to the court stating that the order was not met . They said they will put it infront of the DJ who will prob strike it out at no further cost to me. The 7 days is from the 14th even tho the order was made on the 12th ?? Anyway i`ll draft a letter tomorrow and post it after end of business or first thing Sat then fingers crossed for a strike out .

Thanks both-yes i`ll def fill out a PPi if i can reduce tthe debt even better x

 

 

Regards

 

Andy

[Undercover-Elsa]

Well done Mooshy.

I'm in two minds about the PPI./charges. If the amount you could reclaim virtually wiped the debt, or reduced it so uch you could easily pay it off, then I would go for it.

However if it would only make a small dent then I'd personally be wary of doing it as wouldn't it be considered an admission of the debt if it ever went to court again?

 

Elsa x

[mooshy]

Yes Elsa i see what you mean-but if it gets sruck out surely i`ll still have to pay the debt ?

[AndyOrch]

If it gets struck out, very rare for the same debt to resurface, therefore any PPI claim would be pointless.

 

Andy

[caro]

If they don't come up with the documentation for the court and prove the debt exists why would you pay it?

[mooshy]

Ok the documents havent arrived.

I`d like to write the letter today ready for posting tomorrow?

No idea how formal or informal to make it-am i asking for a strike out outright or telling the court the claimant hasnt complied with the judges order in the hope that the judge actually strikes it out of own accord ?

Any advice appreciated x

[mooshy]

Would this one from the sticky thread suffice ??

 

 

In the xxxxxxx

county court

 

Claim no

 

 

 

 

 

 

Between

 

XXXXXXXXx

 

–V-

 

XXXXXXXXx

For the Attention of the Case manager

 

 

 

 

Dear Sir.

 

Further to the order made by District Judge XXXXXXXX sitting at the XXXXXXX County Court on XX (MONTH) 2008

 

I note that the claimant has now failed to submit ***any documents**** supporting their case despite being ordered to do so.

 

The claimant has had every opportunity to file such documentation and the size of the organisation, it is not unreasonable for them to have filed such documentation on time at the first opportunity, they have since been given a second chance to file documents by order of District Judge xxxxxxx and they appear to have ignored the Honourable Judges orders and have failed to comply as directed

 

The result of this failure is that I am unable to file a fully particularised defence to the claimants claim as directed by the Honourable Judge xxxxxxx as without the documentation which the claimant relies upon, I am unable to answer their allegations as set out in their particulars and I am placed at a severe disadvantage, as I am a Litigant in person

 

Therefore, I would request that the pursuant to CPR part 3.4, 2 © that the claim is struck out without further order

 

If this is not acceptable, then please refer this letter and the file to District Judge xxxxxxxxx to highlight XXXXXXX’s non-compliance with the orders dated xx xxx 2008 and for further directions to be issued.

 

 

Signed……………………………. (Defendant)

 

Date …………………………….

[Undercover-Elsa]

Looks good to me Mooshy, but see what Andy says....

[AndyOrch]

Yep thats fine Mooshy clock is ticking

[caro]

That looks perfect to me mooshy.

[mooshy]

thanks all.Well it's gone this morning . hopefully claim will be struck out. what else might the judge decide ? maybe to stay procedings ? you just never know ?

[AndyOrch]

thanks all.Well it's gone this morning . hopefully claim will be struck out. what else might the judge decide ? maybe to stay procedings ? you just never know ?

 

Not sure you have actually grasped what a strike out is Mooshy its the end of the claim its ceases it is no more vamoosed.

 

Andy

[mooshy]

ok got that but the judge may not strike out is what I mean . am hoping he will but he / may not and if not what other options would he have if order to comply was ignored ?

[AndyOrch]

Ok i spoke to the court and they say that if i`ve not heard by Monday to write to the court stating that the order was not met . They said they will put it infront of the DJ who will prob strike it out at no further cost to me. The 7 days is from the 14th even tho the order was made on the 12th ?? Anyway i`ll draft a letter tomorrow and post it after end of business or first thing Sat then fingers crossed for a strike out .

Thanks both-yes i`ll def fill out a PPi if i can reduce tthe debt even better x

 

 

If a Unless order has been directed and they dont comply then its really a fait accompli.

 

Andy

[mooshy]

[mooshy]

Morning all.

A notice of discontinuance from the claimant just sitting at the breakfast table with me ! How nice is that !!! X

[DonkeyB]

Excellent!

[citizenB]

NIce way to start the day

[DonkeyB]

I smell costs!

[citizenB]

Thread title amended to reflect this

[AndyOrch]

Well done Mooshy as predicted then.

 

Delighted for you.

 

Regards

 

Andy

[mooshy]

Thank you Andy !

and thank you for your help x

[AndyOrch]

Check with the Court make sure they have received same and as Donkey states consider wasted Costs.

 

Andy