Everlasting Boilers Claimform - ***Claim Struck Out ***Now a 3rd and 4th Claim

[leerob695]

Sorry to drag such an old post up

After recieving the notice of discontunuance from both the court and A shade greener on 3/10/2014

 

 

imagine my suprise when this morning ANOTHER claim form for the same thing they have discontnued drops on my door mat

 

Can they keep sending me claim forms for the same thing in years to come and please can you tell me how i word my defence

 

Thanks in advance again hopefully this time it will be put to bed for good

[AndyOrch]

Are their particulars exactly the same again leerob695 ?

 

Andy

[leerob695]

Similar description in claim but overall amout has gone down

[AndyOrch]

Use your previous defence then and edit accordingly....with the addition that the claim has already been issued (date ) claim number (xxxxx) Court (xxxxxx) and discontinued by the claimant (date)

[leerob695]

Can they keep doing this is it legal

After all different amounts or not it is the same thing? I thought they needed permission from a judge to go back to claim stage

[AndyOrch]

Can they keep doing this is it legal

After all different amounts or not it is the same thing? I thought they needed permission from a judge to go back to claim stage

 

They do if it is a direct copy of the previous claim...hence my question were their particulars exactly the same...the figures are irrelevant.

[SabreSheep]

And if they keep doing the same, you may be able to start asking for costs, especially as they discontinued before it got allocated to small claims

[leerob695]

When you say a "Direct copy" do you mean the particulars of the claim

Both forms say it is a conditional sae agreement which was signed on 29/11/2013

Having looked at Both of the claim forms the description is the same and to the point the Refrence number they (the claimant) have used is the same on both of the forms

The figures are obviously pulled out of the air as well

 

For instance

 

On the discountined claim

 

Total Amount was £5170.52 consisting of

Missed payments and administration fees £75.00

Unpaid monthly Payments £206.52

Home visits £210

the purchase price was £4494.00

court fees £185.00

 

New Claim on same thing

 

Total Claim £4804.00

 

Missed Payments and administration fees £50.00

Home visits £75.00

Purchase price £4494.00

and then it says

"The claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% a year from 5/4/2014 to 27/4/2016 on £4619.00 and also interest at the same rate up to date of judgmentor earlier repayment at a daily rate of £1.01."

Court fees £185.00

 

any help ?

[AndyOrch]

It would help leerob if you scan in both claim forms (less any identifiable data)

[leerob695]

Thanks i will sort that out when i get back from work later

Appreciate the advice

There you go managed to do it before i went

 

Thanks in advance

[AndyOrch]

So the obvious main difference is their claim is for section 69 interest (8%) on the new claim.

 

Lets refer to CPR 38.

 

Discontinuance and subsequent proceedings

 

38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

 

(a) he discontinued the claim after the defendant filed a defence; and

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

[leerob695]

So does that mean that they are alolwed to send another claim

[AndyOrch]

Well we would assume that they have not sought permission..therefore you must still submit a defence as you did in the initial claim but within that defence you bring to the courts attention that its a discontinued claim and that you " understand " the claimant has not sought permission pursuant to CPR 38 .7 (a)

[leerob695]

This Company has already attempted to claim off myself in 2014 and

then discontinued it

The Previous Claim number was in my name Mr ^&%$£$££ and My

Wife Mrs &^&^%&%^ the claim Number was A2QZ464E I

submitted my defence for this claim on 27th October 2014 and i

received a copy of the notice of discontinuance on 7-11-2014

the Reference number A shade greener use is the same on Both

Claims "ROBI0244" As I understand the claimant "A shade Greener"

has not sought permission pursuant to CPR 38 .7 (a)to re-open this

claim

 

My original Defence from the discontinued claim (A2Q2464E) stands

and to add to that defence since the claim had been discontinued

in 2014 i have received numerous menacing letters asking for full

payment and a doorstep visit asking for payment

 

 

HOw does that sound for my defence please is that acceptable

[AndyOrch]

Noo dont submit that...what date is your defence due?

[leerob695]

I have only just today filled online Acknowledgment of service today

[AndyOrch]

Defence due 30th May...plenty of time yet.

[leerob695]

Is there any chance of any advice on how to word my defence if what I have written is no good please

 

rather get in in and then its done

 

Anyone please?

[SabreSheep]

What defence did you use last time?

 

Add the bit Andy Suggests to that

[AndyOrch]

I will assist you with your defence leerob695 but as you have plenty of time yet and other posters in need of immediate advice you will have to exercise a little patience here.

 

Make a start and do as advised and I will check it and amend if necessary.

 

Regards

 

Andy

[leerob695]

Thanks Andy appreciated

 

I put a draft up of my defence a few posts up more or less mentioning about the matter being discontinued in the past but was told not to submit it

again thanks for your help

[AndyOrch]

Yes I appreciate that but it was totally inappropriate and probably lose you the claim...take a look in the Financial Legal Success Forum for ideas of how a defence should be formated.

 

You have been a member since 2013 and only ever viewed 4 threads in all that time...time to help yourself.

[leerob695]

but this shouldnt even be going to court as it has been discontinued once before so i thought that the only line of defence i needed would be to bring this to the courts attention

 

I cannot see how it is fair that the "defence" that i put up would lose me the case YET they havnt asked permision from a judge to take me there again

 

How is that right?

[AndyOrch]

No because you have to be prepared that the the Court may accept the previous claim and disregard the issue...so you must defend it as a new claim with the addition of the abuse of process.

Follow the tried and trusted process..there are no short cuts.

[leerob695]

OK my defence is done

can i have help wording the part which i bring to their notice about it being a past continued case please