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

[leerob695]

Case: A shade Greener Vs xxxxxxxx

 

 

 

 

1 Arranged to have a Combination Boiler fitted by A shade Greener which was partially fitted on 5th November 2013

This was a 14 year Conditional Sale Agreement made up as follows (Please see boiler Replacement Agreement Pre contract Information form)

£4109.89 for the Equipment and £4722.48 for the Maintenance and service for the term of the Agreement this Equated to a total amount of £8832.37 or 168 payments of £22.95 per month for first 3 calendar months followed by 21 Monthly payments of £45.89 per month followed by 144 monthly payments of £47.27 escalating at 3% per annum after 3 years

 

2 At the time of the initial Boiler replacement Survey taken out on 20/6/the surveyor stated that the boiler would need to go in the Airing cupboard due to having NO Lighting NO Boarding and NO Handrail in the loft area

Due to not having ANY of the above the Boiler wouldn’t meet current British Standards so it was agreed that it was to be fitted in my Airing cupboard in my Rear bedroom where the Hot water cylinder was going to be removed from (please see Boiler Replacement Survey form)

 

3 The boiler has been Partially Fitted in the Loft NOT the Airing Cupboard as stated

The external Flue has not been fitted correctly to Gas safe Standards

4 The fitters Left everything with a thick covering of brick dust to which they never cleaned up

(I complained and they send one lad on his way home from work on 16/12/2013with only the bottom half of a vacuum cleaner and a hand brush

The worked was really embarrassed and apologised that he couldn’t do anything as he wasn’t in his own van and didn’t have the correct tools they were supposed to call back to sort it out but I cleaned this myself because we needed it clean for when we put the Xmas decorations back up in the loft (Please see pictures of the brick dust covering our belongings)

5 The boiler fitting isn’t finished 100% (Please see Independent Gas Safe report )

6 on the 4th Of January 2014 the boiler broke down and I rang the sales team to report this as it was the only number that I had it took 82 hours before anybody from a shade greener got in touch (In the mean time I had rang a local plumber and given him the error code and he told me that the system had lost pressure and told me how to re-pressure it)

I told A shade greener how unhappy I was with the system and the general service I had received and that I wouldn’t be paying anything until it was sorted out to my satisfaction and properly fitter to relevant standards I was told I would be sent a bill for full price of the Boiler by them they were told this whenever they rang !

7 September 2014 A chap telephoned who said he was a high court enforcement officer and told me that I had to pay or they would come and remove the boiler I told him I wasn’t paying anything until it had been finished properly

8 ON 26th September I received 2 County claim forms (xxxxxx) one in my name and one in my wife’s name from a shade greener to which I submitted my defence on 27/10/2014 (Please see forms)

9 on 31 October 2014 I received a letter from a shade greener stating that they have withdrawn from court and sent me a copy of the Notice of discontinuance (Please see form)

10 In the documentation a shade greener say they sent a letter recorded delivery with ref bz3704645089gb this was never received by myself and upon entering the ref number on the royal mail track and trace portal it shows it as not recognised

11 Received Invoice on 15/1/2015 for boiler

12 Around March 2015 a chap came to my house saying he was a High court enforcement officer and said I needed to pay in full again they would remove the boiler

again he was told that the case had been discontinued and had no right to be on my property in the role as high court enforcement again he was told I stood by my previous comments about it not being fitted properly I found his manner quite intimidating again

13 29/4/16 I receive another County court claim xxxxxxx

Defence submitted 23/5/16 mentioning the fact that they have previously discontinued this claim (Please see)

 

 

14 15/8/16 Mediation appointment carried out explained that I wasn’t happy for them to come and look at the outstanding works as I no longer trusted them and I would rather an independent came from the Gas safe

I asked if the works were to be carried out if the original agreement would still be in place and I was told NO

 

15 Got gas safe report and it showed that the boiler hadn’t been fitted to standards for the following reasons

The flue has not been cut to an appropriate length for the wall which it passes

The roof space instillation did not comply with British standard BS 6798:2014 (there was no provision of a suitable flooring area no fixed lighting and no safety guard around the roof space opening this was classed as NOT COMPLIENT WITH BUILDING REGULATIONS (Despite a shade greener fitter lee Evans leaving me with a Buildings regulations compliance certificate) (Please see Document)

Other observations where that the electrical wiring to the appliance where not adequately secured/supported

The Gas safe inspector could NOT remove any covers to the boiler because of the Anti tamper stickers and paint that have been put on the boiler buy a shade greener by removing this it could avoid any warranty and I would be breaching the Maintenance part of the agreement

the boiler loses pressure continually so every week I have to re-pressure it or else it stops working

I entered into an agreement for a fully fitted fully working boiler system to which was fully covered for maintenance for the life of the agreement this I have not had

 

Looking thru the documents a shade greener sent I have the following issues

 

Letter KK503884940GB was never received and I have screenshot from Royal mail Website to prove (Please see Document)

 

When they rang regarding carrying out any work I explained that they were doing nothing until it had been to court as impending court action as i no longer trusted them after the way they have behaved

 

I was threatened with having the system removed by a high court enforcement officer when it had been discontinued so he had no right to say so

 

They withdrew original Claim

 

No warranty letter KK503884940GB showing as not delivered and returned to sender

 

The gas safe report is showing that works haven’t been done to current standards and because of this I’m not happy to pay until it has been finished and is fully working as promised when I signed for it

I would be happy to recommence payments as per the original Agreement but only once the boiler is fitted and working

 

 

I believe that the facts stated in this witness statement are true.

 

 

 

Mr xxxxx xxxxxn

[AndyOrch]

The detail is fine...as only you know the exact chain of events...you need to add headers to the statement ...Claimant v Defendant ..claim number ...court etc etc.Witness statement of Mr xxxxxxx the defendant in this claim.

 

I would open the statement with a little history of the chain of events from the claimant stating that this claim as already been issue once dated xxxxx and discontinued on xxxxxxx in the County court xxxxxxx claim number by District Judge xxxxx.

As per the Courts order dated xxxxxx I understand that the claimants were ordered to make application to overcome CPR 38.7 and be granted permission to proceed on the same claim.I have never been informed by the court of the outcome of this application and whether the claimant was granted permission to proceed again with the exact same claim already discontinued.

 

Then as per your statement above.

 

Andy

[leerob695]

Many Thanks Andy

 

One thing I dont recall is as to whether they have been ordered by any Judge to re apply to take it back to court

This was mentioned in my deffence on the current claim to which you helped me

It was the credit controller from a shade greener that discontinued the claim

I have no idea as to whether anybody has picked it up when reading any of the forms

come to think of it should it of actually have got to the Mediation stage on the Second claim?

[AndyOrch]

Posted 16th Sept 2016[/b]

[/b]

I had Gas safe come out last week for an inspection on the Boiler fitting and although it came up with only 2 "defects" it is enough to show that the boiler fitting hasnt been finished

Also a couple of things that showed up such as A shade greener supplying me with a certificate for "Buldings regulations Compliance" when the work carried out is not been done to the relavant standard regarding boarding loft light etc so I was quite happy looking forward to my day in court

 

Today I have had a letter from my local county court stating that

 

IT IS ORDERED THAT

 

1. Claim is stayed pending an application under CPR 38.7

2 This order is made by the court of its own Initiative without hearing the parties or givin gthem an opportunity to make representations.

Any Party Affected by this order may apply to have it set asside, Varied or Stayed within 7 days of service uon them of this order

 

Dated 5th September 2016

Is that an end to it now or is it just the start yet again?

 

Thanks In advance

 

Andy

[leerob695]

Thank you Andy my head is a complete mess regarding this at the moment

 

This is the letter I received i dont see a mention of the CPR 38.7

[AndyOrch]

Yes thats just the Notice of Allocation with directions in prep for the hearing...I think its worthwhile just reminding the court of their order at the very beginning of your statement...wouldn't surprise me if they have not made application.

[leerob695]

Case: A shade Greener VsXXXXXXXXX CXXXXX in the Great Grimsby County Court

 

 

Mr XXXX

XXXXXXXX

XXXXXXXX

XXXXXXX

XXXXXX

 

This is a Witness Statement of Mr XXXXXX (The Defendant)

 

This claim has already been issued once dated 26/09/14 and discontinued on 7/11/2014 in the CCBC claim number AZQ2464E and Discontinued on xxxxxxxx(attach Notice of discontinuance as an exhibit)

 

As per the Courts order dated 14/9/2016 Deputy District Judge Flanagan Sitting at the Spiers Morganhorpe County Court .The claimants were ordered to make application to overcome CPR 38.7 and be granted permission to proceed on the same claim .I have never been informed by the court of the outcome of this application and whether the claimant was granted permission to proceed again with the exact same claim already discontinued.

 

1 Arranged to have a Combination Boiler fitted by A shade Greener which was partially fitted on 5th November 2013

This was a 14 year Conditional Sale Agreement made up as follows (Please see boiler Replacement Agreement Pre contract Information form)

£4109.89 for the Equipment and £4722.48 for the Maintenance and service for the term of the Agreement this Equated to a total amount of £8832.37 or 168 payments of £22.95 per month for first 3 calendar months followed by 21 Monthly payments of £45.89 per month followed by 144 monthly payments of £47.27 escalating at 3% per annum after 3 years

 

2 At the time of the initial Boiler replacement Survey taken out on 20/6/the surveyor stated that the boiler would need to go in the Airing cupboard due to having NO Lighting NO Boarding and NO Handrail in the loft area

Due to not having ANY of the above the Boiler wouldn’t meet current British Standards so it was agreed that it was to be fitted in my Airing cupboard in my Rear bedroom where the Hot water cylinder was going to be removed from (please see Boiler Replacement Survey form)

 

3 The boiler has been Partially Fitted in the Loft NOT the Airing Cupboard as stated .The external Flue has not been fitted correctly to Gas safe Standards.

 

4 The fitters Left everything with a thick covering of brick dust to which they never cleaned up (I complained and they send one lad on his way home from work on 16/12/2013with only the bottom half of a vacuum cleaner and a hand brush. The worked was really embarrassed and apologised that he couldn’t do anything as he wasn’t in his own van and didn’t have the correct tools they were supposed to call back to sort it out but I cleaned this myself because we needed it clean for when we put the Xmas decorations back up in the loft (Please see pictures of the brick dust covering our belongings)

 

5 The boiler fitting isn’t finished 100% (Please see Independent Gas Safe report)

 

6 on the 4th Of January 2014 the boiler broke down and I rang the sales team to report this as it was the only number that I had it took 82 hours before anybody from a shade greener got in touch (In the mean time I had rang a local plumber and given him the error code and he told me that the system had lost pressure and told me how to re-pressure it)

I told A shade greener how unhappy I was with the system and the general service I had received and that I wouldn’t be paying anything until it was sorted out to my satisfaction and properly fitter to relevant standards I was told I would be sent a bill for full price of the Boiler by them they were told this whenever they rang.

 

7 September 2014 A chap telephoned who said he was a high court enforcement officer and told me that I had to pay or they would come and remove the boiler I told him I wasn’t paying anything until it had been finished properly.

 

8 ON 26th September I received 2 County claim forms (A2QZ464E) one in my name and one in my wife’s name from a shade greener to which I submitted my defence on 27/10/2014 (Please see forms)

 

9 on 31 October 2014 I received a letter from a shade greener stating that they have withdrawn from court and sent me a copy of the Notice of discontinuance (Please see form)

 

10 In the documentation a shade greener say they sent a letter recorded delivery with ref bz3704645089gb this was never received by myself and upon entering the ref number on the royal mail track and trace portal it shows it as not recognised.

 

11 Received Invoice on 15/1/2015 for boiler.

 

12 Around March 2015 a chap came to my house saying he was a High court enforcement officer and said I needed to pay in full again they would remove the boiler.

again he was told that the case had been discontinued and had no right to be on my property in the role as high court enforcement again he was told I stood by my previous comments about it not being fitted properly I found his manner quite intimidating again.

 

13 29/4/16 I receive another County court claim C4QZ76F2.A Defence was submitted 23/5/16 mentioning the fact that they have previously discontinued this claim (Please see)

 

 

14 15/8/16 Mediation appointment carried out explained that I wasn’t happy for them to come and look at the outstanding works as I no longer trusted them and I would rather an independent came from the Gas safe I asked if the works were to be carried out if the original agreement would still be in place and I was told NO

 

15 I arranged for an independent inspector from the gas safe Register to come and inspect and report for the boiler and it showed that the boiler hadn’t been fitted to standards for the following reasons The flue has not been cut to an appropriate length for the wall which it passes .The roof space instillation did not comply with British standard BS 6798:2014 (there was no provision of a suitable flooring area no fixed lighting and no safety guard around the roof space opening this was classed as not compliant with the Building Regulations(Despite a shade greener fitter lee Evans leaving me with a Buildings regulations compliance certificate) (Please see Document).

 

Other observations where that the electrical wiring to the appliance where not adequately secured/supported.The Gas safe inspector could NOT remove any covers to the boiler because of the Anti tamper stickers and paint that have been put on the boiler buy a shade greener by removing this it could avoid any warranty and I would be breaching the Maintenance part of the agreement

the boiler loses pressure continually so every week I have to re-pressure it or else it stops working.

 

I entered into an agreement for a fully fitted fully working boiler system to which was fully covered for maintenance for the life of the agreement this I have not had

 

Looking through the documents a shade greener sent I have the following issues:-

 

Letter KK503884940GB was never received and I have screenshot from Royal mail Website to prove (Please see Document)

 

When they rang regarding carrying out any work I explained that they were doing nothing until it had been to court as impending court action as i no longer trusted them after the way they have behaved

 

I was threatened with having the system removed by a high court enforcement officer when it had been discontinued so he had no right to say so They withdrew original Claim

 

No warranty letter KK503884940GB showing as not delivered and returned to sender

 

The gas safe report is showing that works haven’t been done to current standards and because of this I’m not happy to pay until it has been finished and is fully working as promised when I signed for it

 

 

I believe that the facts stated in this witness statement are true.

 

 

 

Mr XXXXX

 

Is there anything else that should be added

 

Just a thought but if they do get a judgement will i have to pay out a lump sum or would installements

The reason I went for this deal in the first place was because i couldnt afford to pay out a lump sum so getting really worried now

 

 

Thank you Andy this has been a thorn in my side for many years Im hoping im finaly at the end of it

[AndyOrch]

Okay I have tied it up a little and made a few amendments...you need to mark your witness statement (see exhibit no.) and number accordingly......dont put please see document.

 

If you lose you can arrange to make it a monthly affordable amount.

 

Check the claim numbers are correct for the discontinued and the second claim form.

[leerob695]

Thanks for that

 

the buddle of documents that They have sent me NOWHERE is there any details of any witness statements or anywhere saying of any witnesses is this usual

It appears they have just sent a bundle of documents with no explanation as to what they are or what they mean

also when i attach the documents and mark them as exhibit 1 etc its my intention to highlight the relevant part if for instance that paragragh is on a document 10 pages long do i need to send the full 10 pages in to them or can i just send the relevant page?

 

Once again thanks

[AndyOrch]

They must provide a witness statement as per the courts directions...not just a bundle of docs....as we have seen along the way this claimant has very little knowledge of the court process.You can raise this at the hearing that they have failed to comply with directions and are therefore exempt from submitting written evidence.

 

With regards to the exhibits ...yes mark them as see exhibit 1 /2/3/ etc...just the one relevant page will suffice if its all contained in one page that you wish to rely on.

[leerob695]

Is this Any Better

I have marked all of the exhibits and highlighted the relevant part

 

Case: A shade Greener Vs xxxx in the Great Grimsby county court

 

 

Mrxxx

61 Any Road

ANY TOWN

ANYWHERE

ANY POSTCODE

 

Witness Statement of MrXXX (The Defendant)

 

This claim has already been issued once dated 26/09/14 and discontinued on 7/11/2014 in the CCBC claim number AZQ2464E Please See Exhibit 1&2

As per the Courts order dated 14/9/2016 Deputy District Judge Flanagan Sitting at the Spiers Morganhorpe County Court .The claimants were ordered to make application to overcome CPR 38.7 and be granted permission to proceed on the same claim .I have never been informed by the court of the outcome of this application and whether the claimant was granted permission to proceed again with the exact same claim already discontinued.

 

1 Arranged to have a Combination Boiler fitted by A shade Greener which was partially fitted on 5th November 2013

This was a 14 year Conditional Sale Agreement made up as follows (Please see Exhibit 3 pages from boiler Replacement Agreement Pre contract Information form)

£4109.89 for the Equipment and £4722.48 for the Maintenance and service for the term of the Agreement this Equated to a total amount of £8832.37 or 168 payments of £22.95 per month for first 3 calendar months followed by 21 Monthly payments of £45.89 per month followed by 144 monthly payments of £47.27 escalating at 3% per annum after 3 years

 

2 At the time of the initial Boiler replacement Survey taken out on 20/6/the surveyor stated that the boiler would need to go in the Airing cupboard due to having NO Lighting NO Boarding and NO Handrail in the loft area

Due to not having ANY of the above the Boiler wouldn’t meet current British Standards so it was agreed that it was to be fitted in my Airing cupboard in my Rear bedroom where the Hot water cylinder was going to be removed from (please see Exhibit 4 Boiler Replacement Survey form)

 

3 The boiler has been Partially Fitted in the Loft NOT the Airing Cupboard as stated .The external Flue has not been fitted correctly to Gas safe Standards.

 

4 The fitters Left everything with a thick covering of brick dust to which they never cleaned up (I complained and they send one lad on his way home from work on 16/12/2013with only the bottom half of a vacuum cleaner and a hand brush. The worked was really embarrassed and apologised that he couldn’t do anything as he wasn’t in his own van and didn’t have the correct tools they were supposed to call back to sort it out but I cleaned this myself because we needed it clean for when we put the Xmas decorations back up in the loft (Please see Exhibit 5 pictures of the brick dust covering our belongings)

 

5 The boiler fitting isn’t finished 100%

 

6 on the 4th Of January 2014 the boiler broke down and I rang the sales team to report this as it was the only number that I had it took 82 hours before anybody from a shade greener got in touch (In the mean time I had rang a local plumber and given him the error code and he told me that the system had lost pressure and told me how to re-pressure it)

I told A shade greener how unhappy I was with the system and the general service I had received and that I wouldn’t be paying anything until it was sorted out to my satisfaction and properly fitted to relevant standards I was told I would be sent a bill for full price of the Boiler by them they were told this whenever they rang.

 

7 September 2014 A chap telephoned who said he was a high court enforcement officer and told me that I had to pay or they would come and remove the boiler I told him I wasn’t paying anything until it had been finished properly.

 

8 ON 26th September I received 2 County claim forms (A2QZ464E) one in my name and one in my wife’s name from a shade greener to which I submitted my defence on 27/10/2014

 

9 on 31 October 2014 I received a letter from a shade greener stating that they have withdrawn from court and sent me a copy of the Notice of discontinuance Exhibit 1&2

 

10 In the documentation a shade greener say they sent a letter recorded delivery with ref bz3704645089gb this was never received by myself and upon entering the ref number on the royal mail track and trace portal it shows it as not recognised. (Exhibit 6)

 

11 Received Invoice on 15/1/2015 for boiler for total of £4959.08 (Exhibit 7)

 

12 Around March 2015 a chap came to my house with a letter saying he was a High court enforcement officer and said I needed to pay in full again they would remove the boiler.

again he was told that the case had been discontinued and had no right to be on my property in the role as high court enforcement again he was told I stood by my previous comments about it not being fitted properly I found his manner quite intimidating again I believe this to be the same man who was on the telephone on 7th September 2014

 

13 Recieved Letter on 14th May 2015 Stating that an engineer would be around in the Next 48 hours to remove the boiler with (Mr Morley The high court enforcement officers details on the bottom again) (Exhibit 8)

 

14 29/4/16 I receive another County court claim C4QZ76F2.A Defence was submitted 23/5/16 mentioning the fact that they have previously discontinued this claim (Defence Exhibit 9 Mentioning CPR r 16.5 (3)

 

14 15/8/16 Mediation appointment carried out explained that I wasn’t happy for them to come and look at the outstanding works as I no longer trusted them after the threats of removing the boiler and I would rather an independent came from the Gas safe I asked if the works were to be carried out if the original agreement would still be in place and I was told NO

 

15 I arranged for an independent inspector from the gas safe Register to come and inspect and report for the boiler This Inspection Happened on 6/Sept/2016 (Exhibit 10 Gas Safe Report) and it showed that the boiler hadn’t been fitted to standards for the following reasons The flue has not been cut to an appropriate length for the wall which it passes .The roof space instillation did not comply with British standard BS 6798:2014 (there was no provision of a suitable flooring area no fixed lighting and no safety guard around the roof space opening this was classed as not compliant with the Building Regulations (Despite a shade greener fitter lee Evans leaving me with a Buildings regulations compliance certificate And Gas Boiler Comissioning Checklist BOTH stating it was compliant ) (Exhibit 11 & 12)

 

Other observations where that the electrical wiring to the appliance where not adequately secured/supported The Independant Gas safe inspector could NOT remove any covers to the boiler because of the anti tamper stickers and paint that have been put on the boiler buy a shade greener by removing this it could avoid any warranty and I would be breaching the Maintenance part of the agreement

the boiler loses pressure continually so every week I have to re-pressure it or else it stops working.

 

I entered into an agreement for a fully fitted fully working boiler system to which was fully covered for maintenance for the life of the agreement this I have not had

 

Looking through the documents a shade greener sent I have the following issues:-

 

 

 

When they rang regarding carrying out any work I explained that they were doing nothing until it had been to court as impending court action as i no longer trusted them after the way they have behaved

 

I was threatened with having the system removed by a high court enforcement officer when it had been discontinued so he had no right to say so They withdrew original Claim

 

No warranty letter KK503884940GB showing as not delivered and returned to sender (Exhibit 13)

Letter bz3704645089gb Showing as Unrecognised (Exhibit 6)

Letters that A shader greener have submitted Appear to have been Printed off on13/7/2017 but the dates has been changed These letters have never been received (Exhibit 14,15,16)

 

The gas safe report is showing that works haven’t been done to current standards and because of this I’m not happy to pay until it has been finished and is fully working and Maintained promised when I signed for it on 29/11/2013

 

 

I believe that the facts stated in this witness statement are true.

 

 

 

MrXXXXX

 

Signed........

 

Dated .......

[AndyOrch]

[leerob695]

Received this yesterday which is my court date

just a couple of questions i dont understand

 

1 The case was previously discontinued (Under another claim number) tThis was mentioned in my defence but again ive not heard as to whether this was allowed by a judge

2 On this letter yo can see it mentions :- Unless the claimant does by 4:00Pm on the 30th August 2017 Pay the court a trial fee of £335.00 or file a properly completed application then the claim will be struck out with effect from 30 August 2017 without further order and unless the court oders otherwise..........

What does this mean and what is the £335 that they have to pay for ? or is this the re application fee to take it back to court as mentioned in number 1

 

Thanks In advance .....Nearly there now

[AndyOrch]

The £335 is the fee the claimant has to pay by that date for the hearing in October...if you look further down the letter or next page...your directions should be listed that you have to do by the dates stated.

 

 

Andy

[leerob695]

Thanks Andy

 

No directions for me

[AndyOrch]

okay so you have yet to receive your Notice of Allocation with directions......

[leerob695]

Ive just had a letter come htru from a shade greener which was signed for

It appears to be a NEW bundle of statements and supporting documentation to which they have sent to the courts and myself

They have already filed one to the courts which i received on/around 15th July

I am presuming that because this if after the deadline that the court set for sending documentation of the 27th July 2017 that this will not be accepted by the courts?

 

Nearly there

 

Anyone please?

Searching but cannot find a definitive answer as to whether this evidence will be allowed by the courts

[BazzaS]

Back in August, you noted

Recieved this yesterday which is my court date

.......

 

Thanks In advance .....Nearly there now

 

The court date then was 11th October ...... did it change?.

 

Anyone please?

Searching but cannot find a definitive answer as to whether this evidence will be allowed by the courts

 

The courts have wide discretion, so don't expect to find a definitive answer, there isn't one!.

You can draw the court's attention to why the court might not allow it / how allowing it might facilitate the claimant's abuse of process, but in the end it is at the court's discretion.

[leerob695]

Thank you

Yes the date was changed to the 25th October

I'm starting to feel that the court is already on the side of the claimant

What's the point of the court putting a deadline date on a letter if it's not going to be enforced

Firstly letting it get to this stage even after they havnt reapplied to take it back to court after discontinuing last time and more so if this new evidence that they have sent is allowed

It seems very unfair to me

I'll be pleased when it's over

[leerob695]

UPDATE

 

Been to court this morning

The claimant was 45 mins late after going to the wrong county court to which the judge agreed

Before i went in the usher asked if i had received the bundle of evidence they sent the other week so the allowed that as well !!

Anyway long story short we sat down and the judge asked where the default notice was to which they didnt have one so then she STRUCK OUT the claim (CPR 86 b c & d were quoted)

So looks like its back to the drawing board and looks like i will have to go thru this circus yet again !

Its been going on far too long now

[AndyOrch]

Cant be CPR 86 ( Part 86 Stakeholder Claims and Applications) ..do you mean CPR 3.4 (a,b,c)

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03#3.3

 

You should be awarded costs ? did the judge mention costs?

 

Anyway well done great result and the end of the matter...thread title amended to reflect the outcome.

 

Regards

 

Andy

[leerob695]

Im sure thats what she said Andy

Something to do with the fact that they have never served me with a notice of default sums on a conditional sale act

The judge more or less stated that they need to go back and do it proper and that it may end up back in court once they have it

[AndyOrch]

Cant return..... you cant submit the same claim twice (although it would be 3rd time in this instance given they discontinued the first) once its been struck out...the claim has been adjudged.

 

Look up Res Judicata

 

As long as you heard the words " Struck Out "...that will do nicely

[leerob695]

Thats a huge weight of my mind

 

until they start sending people to my door again

 

in the judges words

"This may be the end of the matter"

which led me to believe that they were gonna go back to court once they have gone back and sent me a notice of default on said account

because they haven't sent this i am not liable and cannot be taken to court

 

No doubt they will try it again and just put different amounts in the claim box

 

No mention of costs

[AndyOrch]

I doubt it..they have wasted enough money on two claims already...and they wont be allowed anyway for the above reasons