Help please - court claim 1st Stop PayDay ***Claim Discontinued***

[AndyOrch]

Looking like it will be a no show then...and the claim should be struck out...its your choice chrismk whether to put it in writing but I personally would just raise it at the hearing.

[sillygirl1]

If I were you I would attend just in case the judge 'accidentally' gives judgement by default.

 

I would ask at the hearing for the claim to be struck out completely with no footprint left on your CRA file by the alleged creditor.

[AndyOrch]

Most definitely chrismk will be attending.

[chrismk]

Thanks all, I think they have asked for the judge to deal in there abscence, I will attend regardless. Do I ask for it to be struck out based on them not complying with the directions or on the fact that there not in attendance, should that turn out to be the case

[AndyOrch]

Be careful because the sanction for none compliance was that their evidence would be inadmissable...not that the claim would be struck out.

So you state that they have failed to disclose failed to issue a WS and request that sanctions are imposed as per the DJ Notice of Allocation dated xxxxx.

 

On that assumption if they are not attending and they cant submit written evidence...the court would have no alternative but to strike out.....

 

Got the idea chrismk ?

[chrismk]

Yes Andy thanks for your help

[chrismk]

Ok so hearing scheduled for 10am Tuesday, I have not received the documents, I don't know if the court has copies or not , if the court has not received I'll proceed by asking the DJ to impose sanctions , if the court has received and I haven't how should I proceed?

[AndyOrch]

Object...... request that it be inadmissible.

 

Andy

[chrismk]

Ok Andy thanks I'll update after the hearing tomorrow

[chrismk]

Turned up at court this morning for the hearing scheduled at 10 only to be told the hearing had been vacated. It seems the claimant had received a copy of my witness statement, documents and evidence and thought better of it, they received this on the 12th of this month and on the 14th wrote to the court telling them the matter was settled and they were not proceeding. Obviously they didn't tell me so wasted some more of my time making me attend court to find out, even so I'm claiming this as a victory

[sillygirl1]

It sort of proves the point that they issued this case hopimg you wouldnt put up a fight

 

Well dome.

 

I would now complain to the FCA about this behaviour.

[chrismk]

Yes I think I will they didn't comply with there obligations from start to finish, I'm a little dissapointed I didn't get to state my case to the Judge but relieved I've avoided the possibility of a judgement against me

[BRIGADIER2JCS]

Turned up at court this morning for the hearing scheduled at 10 only to be told the hearing had been vacated. It seems the claimant had received a copy of my witness statement, documents and evidence and thought better of it, they received this on the 12th of this month and on the 14th wrote to the court telling them the matter was settled and they were not proceeding. Obviously they didn't tell me so wasted some more of my time making me attend court to find out, even so I'm claiming this as a victory

 

 

Another abuse of process, using the court system as a debt collection tool and discontinuing at first sign of a defence, then compounding the abuse by not informing you.

[chrismk]

Absolutely Brig couldn't agree more it's ridiculous

[BRIGADIER2JCS]

Absolutely Brig couldn't agree more it's ridiculous

Get a complaint I to the FCA with any evidence you can gather Chris.

[chrismk]

I should take this opportunity to give a massive thanks to Andy and all who have given up time to offer guidance and assistance it is very much appreciated, pay day Friday so a donation will be made.

[chrismk]

Tons of evidence Brig got everything I submitted to court plus the court doc's etc

[BRIGADIER2JCS]

I should take this opportunity to give a massive thanks to Andy and all who have given up time to offer guidance and assistance it is very much appreciated, pay day Friday so a donation will be made.

Good result persistence pays off.

 

 

I'm sure your donation is much appreciated.

[BRIGADIER2JCS]

Tons of evidence Brig got everything I submitted to court plus the court doc's etc

Excellent!!!

[AndyOrch]

I should take this opportunity to give a massive thanks to Andy and all who have given up time to offer guidance and assistance it is very much appreciated, pay day Friday so a donation will be made.

 

 

Delighted for you chrismk .......make sure you have the conformation of the court that the claim has been withdraw/discontinued...then we can amend your thread title to reflect the outcome.

 

Well done.

 

Regards

 

Andy

[chrismk]

Hi Andy,

 

once again thanks for your help, the court simply told me that the claimant had sent a letter stating that the issue had been settled and they did not want to proceed with the case, hence why the hearing was vacated. The court told me the claimant should have informed me and that I wouldn't get anything from the court.

 

Should I also expect something from the court?

[AndyOrch]

I suppose not if they vacated and stated they had settled...which they haven't (technically)...normal procedure would be to issue a Notice of Discontinuance.

 

So we can only assume that it has ended...thread title amended.

 

Andy