Northampton Claim by Lowell/Vanqius *** Claim Struck Out ***

[rita777]

SADIE ... if I put the your recommended case scenario together with the fact that they have NOT complied to the Court Order together and forward to court.. will the court decision be in my favour ? Would it put an End to this Claim FOREVER ?

 

 

ANDY ........ Next on the Court Order list following the 4 I have already stated above are ;

 

(5) By 4pm on the xx January 2015 both parties MUST send to each other and to the court final copies of the signed statements of themselves and of all witnesses on whom they intend to rely

 

(6) The parties MUST include with their witness statements any relevant documents ( such as contracts, invoices, emails, photos etc)

 

(7) By 4pm on xx January 2015 both parties may if they choose send to court and to the other party a witness statement in reply to the other party's witness statements and documents..

 

 

 

"Documents" ?? ... I do not have any from them .... How do I proceed from this stage please

 

 

Also The Notice of allocation states that " A hearing fee of £335.00 is payable by 26 Nov 2014 by the Claimant unless you make an application for a fee concession. Failure to pay the fee will result in the hearing being removed from the list. " Should i call the court to enquire if they have ACTUALLY made this payment or how do i enquire?? ... .

[Esio Trot]

Also The Notice of allocation states that " A hearing fee of £335.00 is payable by 26 Nov 2014 by the Claimant unless you make an application for a fee concession. Failure to pay the fee will result in the hearing being removed from the list. " Should i call the court to enquire if they have ACTUALLY made this payment or how do i enquire?? ... .

 

The above bit I've quoted is the most important thing to enquire about NOW.

 

If they haven't paid, send a letter to court based on post #109 above asking for the case to be stuck out as the claimant will then have failed to adhere to the court's directions.

 

If they have paid, you know they are serious and you will need to assemble and produce your defence before xx January 2015.

[SADIE DE RUE]

Well I cannot predict what the judge will decide, but what I can say is that the Claimant’s non-compliance with the order is sufficient grounds to justify strike out of his claim and the Court of Appeal in Mitchell MP affirms this.

 

In the event of the claim being struck out on these grounds it will not mean that the matter is over forever, however, if the Claimant issues another claim on precisely the same issues, he may need permission of the court to do so.

 

Sadie

[AndyOrch]

Problem is letters dont cut it with courts...if they are not prepared to do it using their on initiative and they should as it quite clearly states in the directions any party that fails to comply with the directions the court will impose sanctions...for example striking out a claim or defence.

 

In reality they want you to make an application with fee (£55) to request what they have said they would impose anyway.

 

Andy

[rita777]

@Andy. . I don't quiet understand your last post i.e "letters don't cut it with courts" ..and then pay £55 to who ? Lowell or court pls explain more ..

 

I called the court and they confirmed that Lowell has actually paid the £335 to proceed .. I must point out that the order did say that this amount is refundable if we settle out of court up till 7 days before the hearing ..

 

Honestly I really don't know what they are playing at by NOT complying to the court order . They must be experts at this!! Could this mean they have been getting away with NOT complying and still pushing it to the courts ? As stated in my previous defence how do I know what to defend if they are not supplying CCA & CPR requested documents ?

[AndyOrch]

Anything you want the court to action must be by way of an application N244 the fee is £55.They wont act on letters.

[rita777]

Hello I am considering sending a N244 to the court if writing just a letter will not cut it out with the court .... I intend using the above case advised by Sadie #109 as reasons to apply for a strike out ..... but Please I would need advise on how to fill the N244 form...

 

4. Have you attached a draft of the order you are applying for? .. is this the reason for the application? which i 'd include the Mitchell's case above?

 

6. How long do you think the hearing will last? ? what should i write here pls ?

 

Is this time estimate agreed by all parties? ? also here ?

 

5. How do you want to have this application dealt with? at a hearing without a hearing at a telephone hearing .... which do i choose here pls ?

 

6) How long do you think the hearing will last? what should i write here ?

 

Is this time estimate agreed by all parties? and here

 

7. Give details of any fixed trial date or period .... also is this the paper hearing date already on the order ?

 

8. What level of Judge does your hearing need? ' i dont understand this ...

 

9. Who should be served with this application? what should i write here pls ?

 

9a. Please give the service address, (other than details of the claimant or defendant) of any party named in question 9. .. also what to write here ?

 

10. What information will you be relying on, in support of your application?

 

the attached witness statement

the statement of case

the evidence set out in the box below

 

which to choose pls ?

 

 

THANKS AS EVER !!! I JUST WANT A PEACEFUL CHRISTMAS .....

[rita777]

Bump

[AndyOrch]

I'm not really sure that this application will succeed Rita...as the claimant will most probably set a side /request relief from sanctions and will probably be allowed but if you still wish to proceed here is the information you require....

 

"Section 4 – tick yes (and attach a copy of the Draft Order see below);

 

Section 5 – tick without a hearing;

 

Section 6 – leave blank;

 

Section 7 – state the date set for the trial/hearing;

 

Section 8 – District Judge

 

Section 9 – The Claimant

 

Section 9a – leave blank

 

Section 10 – tick the evidence set out in the box below

 

In the box (under s.10) write the following:-

 

1. On October 2014 (put date) the court made an order giving directions upon the parties. Under paragraph 3 of the order, the court gave substantive directions for the Claimant to comply with by 4pm 28th November 2014. A copy of the order is served herewith.

 

2. The Claimant has failed to comply with the order, therefore, the Defendant is prejudiced from her entitlement to file and serve an amended Defence against the claim pursuant to paragraph 4 of the order.

 

3. The Defendant respectfully requests, therefore, that this court strike out the claimants’ claim CPR r.3.4(2)© and CPR r.1.1(2)(f) and she relies upon the authority of the Court of Appeal in Mitchell MP v News Group Newspapers Ltd [2013] EWCA Civ 1537 on this point of law where the Appeal Court sent out a clear message to all litigants, represented or not, confirming that a party’s failure to comply with a rule, practice direction or order is no longer tolerated and the party in default of the same will face severe sanctions so as to give effect to Lord Jackson’s reforms of civil justice.

 

 

 

 

DRAFT ORDER - EXAMPLE

 

In the (put name of court) county court Claim no. (put claim no.)

 

Between:

 

Defendant

 

-and-

 

Claimant

 

 

DRAFT ORDER

 

Before_(leave blank)____District Judge sitting in the_(put name of court)___County Court

 

Upon reading the Defendant’s application dated (put date) and evidence served in support of the same

 

 

IT IS ORDERED

 

1. The Claim made by (put claimant’s name) is hereby struck out without further order.

2. Permission for the parties to apply to vary, set aside or appeal this order is refused.

3. No order as to costs is made in respect of the Claim or the Defence."

[rita777]

Thanks a lot Andyorch!!!

 

I have decided to hand deliver it myself to the court because mails are not reliable these days ! its just 7 mins drive from me.... the deadline for an amended defence for my side is TODAY ! Although it is not an amended defence as such... just an application for a strike out .. i want it to get there today ...

 

I ve just called the court to enquire about dropping off the form n244... and had to explain the situation to the court staff... But what she said is a bit confusing i am in a PANIC... cos i am running out of time... she said i would need to pay £50 if the other side (lowell) agrees , or pay £155.00 if they don't...

 

Please how much is the fee ? i have searched the internet and its all getting more confusing .....

[rita777]

I thought i would just fill out the form N244 , attached the mitchell case above and include the £55.00 postal order ... but she was saying something about contacting the Claimant to agree then the court... i just dont understand her .. she directed me to form EX340.. reading this its guideline on a passed judgement ... I just dont get it anymore .. please help !!!

[AndyOrch]

What she is stating Rita its £55 without an hearing (that's if you have the consent of the claimant to make the application) or £155 with an hearing (without the claimants consent).

 

You would hardly ask the claimant to agree to consent to strike their claim out.....just pay the £55:roll:

 

They will provide notice of the application to the claimant.

[rita777]

Thanks a lot Andy ... I wonder how i would ve gotten to the stage without you !!! I thought so too... how could the Claimant agree that with me .. I did exactly as you advised ... N244 form, £55.00 postal order plus supporting documents now hand delivered to the court ... so I await the next step ...

[Ganymede]

I imagine a judge will want a hearing before striking out but you never know in this post Mitchell world.

[rita777]

Hi Everyone

 

AGAINST all odds ... I submitted my application for a ''strike out'' as stated in my previous posts and put ALL INTO PRAYERS ...

 

Today Saturday I received a letter stating below ..

 

Upon Reading the Defendant's application and evidence served in support of the same

 

IT IS ORDERED THAT

 

1) The Claim made by Lowlife portfolio ltd is hereby STRUCK OUT without further order.

 

2) This order has been made on an application dealt with without hearing under the provisions of Rule 23.8 of the Civil Procedure Rules 1998. A copy of the application and any evidence in support is attached to the copy of this order that is served on any party against whom order was made, or against whom the order was sought. A person who was not served with the copy of the application notice before the order was made may apply to have the order set aside or varied. Any application must be made within 7 days after the date on the which the order was was served on the person making the application.

 

3) No order as to costs.

 

Wooohooooo !!!! Thanks Everyone !!!

 

#CANSOMEONEPLSWAKEMEUP ..........Still trying to digest this !!! :-D:-D:-D:-D ......

[citizenB]

Oh my, this is indeed very good news. I will amend your thread title to reflect this.

 

Happy New Year

[SabreSheep]

I would wait 7 days first, the claiment has that time to request the order be set aside.

 

WHICH i hope they do not

[Guest]

23.8 The court may deal with an application without a hearing if –

(a) the parties agree as to the terms of the order sought;

(b) the parties agree that the court should dispose of the application without a hearing, or

© the court does not consider that a hearing would be appropriate.

 

 

so, it seems was under c?

 

 

but, was the other side served with the application notice? if not, then they can apply under 23.9/10 accordingly. if were served, then no such application to set aside/vary poss?

[AndyOrch]

Well done Rita and without an hearing:wink:......

 

Regards

 

Andy

[rita777]

Hello all .. following the above,

I must say that I was still worried that they might apply for a set aside ..

 

 

. I ve just received another letter stating ..

 

Following a letter received from the "CLAIMANT " It is hereby ordered that the case is vacated"" ..

 

I called the court and they confirmed that the case has been dismissed.

 

 

And to think that I had previously called Lowell after the mediation and offered to pay the £2000 asked during mediation !

 

 

But they refused and increased the amount to £2800 ! Good riddance to greedy bunch !! Lol lol

 

 

Wow!!! Thanks Everyone! Thanks to Sadie de rue for the Michelle's case ..

 

Thanks to ANDYORCH, ALLOY, GANYMEDE, CITIZENB, FORD ,SABRESHEEP, DX100, BRIGADIER And Everyone for your invaluable support..

 

And of course I will be making a donation. . You touch lives !!!

[citizenB]

Excellent news.

[dx100uk]

there you go simple really.

 

 

all that talk from day one about I must pay them ???? opps...

 

 

time to hit back and get that rop back I bet vanquis charged you....

[Alloyz1]

Great news well done

[rita777]

I just wonder what they wrote in the letter that still made the court order for the case to be vacated! ... lol lol

 

DX100 you mean counterclaim vanquis? lol not sure if I have the liver! lol lol o

 

BTW think I'm loving this! You guys are giving the idea to consider changing my career to a legal practioneer ..

[dx100uk]

no not counter claim

 

 

put in a reclaim to vanquis for the useless ROP [PPI]