Claim issued against bailiff..now Defendant makes application to Strike Out/Summary judgment

[GrumpyToSayTheLeast]

Sorry, without reading both threads etc, was this pre or post April 14 enforcement regulations?

[Teamva]

Hi Grumpy

 

 

The incident took place in February 14 so I believe under old legislation?

[Teamva]

Been busy reading other posts and there are a few mentions of complaints to the HCEOA, one battle at a time but should I have made a complaint about how burlingtons have acted?

 

I have also got my MP on the case, he has already written to the court last November, and is frankly appalled at how the court have handled the case to date, his office confirmed another letter is on its way.

 

I can't stand bullies, I have been duped by the HCEO and let down by the system -but thanks to cag I'm not beat yet, appreciate everyone's time and efforts.

[dx100uk]

threads merged for clarity

 

 

dx

[HCEOs]

Hi HCEO ( have to say your username makes my toes curl, I'm sure your very nice and I will not tar all with the same brush! Dentist have the same effect!) Can you shed any light on why the hceo,s concerned think that they a without question protected by the court (they say they were following court instructons) when they have not adhered to industry guidelines??

 

Further to wonkeydokeys post and this only came to light in the defendants witness statement, the original creditor even provided the times the vehicle would be parked up "when the debtor had finished his school run". Telling me the defendant and original claimant were both aware the Vehicle was a tool of the trade before they even made one visit - due diligence???

 

HCEOs will be protected by the court where an interpleader claim is issued and the correct processes have been followed.

 

However, it is difficult to see whether the correct process was followed with the details provided so far. However, based on the above I would advise as such:-

 

If you made a verbal or written claim (or both) then the claim should be investigated by the HCEO. He may lose the protection of the court if he does not.

 

The correct process, under RSC O17, would be for him to submit your claim to the creditor who must within 7 days either admit or dispute your claim.

 

If it is admitted then the vehicle is released from seizure. If it is disputed a hearing will be sought where a Judge will determine whether the vehicle is exempt from seizure.

[Teamva]

Hi HCEOs

 

I 100% sent an email, followed by a phone call where I made the claim to a junior member of staff and then her manager.

 

It was also mentioned in my n244 application and on at least one later email requesting an update.

 

I do not believe they ever past the claim onto the claimant, so where do I go from here?

 

Day 23 since court order issued and still nothing received from court!

[HCEOs]

In the first instance you should make a formal complaint to the company (if you haven't already) and if they do not resolve the matter then you can complain to the HCEOA.

 

If the HCEO did not follow the rules laid down then protection of the court can be lifted.

 

Alternatively, you could issue your own interpleader claim and request a hearing at the High Court.

 

I presume that you are stating that the money was only paid to prevent the vehicle (which you claim is exempt) being removed? It is that point that may need to be argued but it can sometimes be difficult to prove.

 

As with all forum advice, it would make sense to seek proper legal advice from a solicitor.

[Teamva]

I made a formal complaint to the company last March! followed by a letter before action last July, the company concerned did not respond to either.

 

Yes my claim is regarding the fact that I only paid the money to stop the action as the debtor was not available to deal with matters himself, had I have know there was such a thing as exempt goods I would not have paid but rather provided the ness evidence.

 

In my view they made a false representation saying they had the right to remove the vehicle, they should have been aware of it being exempt, had they done the correct checks, even the original creditor gave them times the vehicle would be available around school runs, I believe they just saw an easy target and the original creditor was just being vexatious, a reasonable offer had been made to repay the debt and she had refused it and chosen this course of action to bring the most upset.

 

So the next step is a complaint to the HCEOA, I have looked on the companies website and they havent even stuck to their own complaints policy! let alone industry standards, they should have to account for their actions, not hide behind "we are protected by the court"

[HCEOs]

It is clear that your argument is going to be whether you paid to assist your partner or whether you paid to prevent removal of the vehicle and that that vehicle should have been exempt from seizure.

 

In reality this is something that is only going to be resolved in Court.

 

You could dispute the striking out of the claim providing the details as to why and your partner could issue his own interpleader action to resolve whether the vehicle is exempt. Either way will have it's costs and risks unfortunately.

 

You really need proper legal advice on this.

[Teamva]

I was on the understanding that the time to issue an interpleader claim had been and gone?

[AndyOrch]

Any updates TeamVA....have you received a copy of their application and has the claim been transferred to your local County Court from London Central?

 

Here is what one Solicitor had to deal with and was forced to do when trying to get any sense from Central London County Court.....

 

 

http://www.lawgazette.co.uk/news/solicitor-slaps-writ-on-county-court/47372.fullarticle

 

 

Regards

 

Andy

[Teamva]

Hi Andy

 

38 days after the court order I have finally received a copy!

 

It states the claim has been struck out persuant to CPR 3.4(a)an(b)

 

So Central London have cashed my cheque for the application to transfer last November and done absolutely nothing with it

 

Then acted ever so swiftly on Burlington's application to strike out, without a trial, without providing me with any paperwork and then letting over 5 weeks pass before providing me with a copy of the order!

 

Its absolutely atrocious service and completely destroys my faith in our justice system, I've read the link and unfortunatley it seems im not the first to experience such failings

 

But where do I go from here?

 

Is there any point in complaining? You can't ring and speak to anyone, my last two emailed complains (sept and Nov 14) have not even been acknowledged....so how do you complain when nobodies listening!

[AndyOrch]

Try here for starters...make sure you name the District Judge presiding.

 

https://www.gov.uk/complain-judge-magistrate-tribunal-coroner

 

https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/complaints-procedure

[AndyOrch]

And here.....

 

https://www.justice.gov.uk/complaints

[AndyOrch]

And also read here.....

 

http://www.aboutsmallclaims.co.uk/making-complaint-about-small-claims-court.html

[Teamva]

Thanks Andy

 

The main problem is that the first and second port of call is to contact the court where the problem arose! See above easier said than done!!

 

 

They are apparently supposed to acknowledge your complaint within 2 working days and respond within 10 - its at least 15 and counting!

 

Step 3 is get area managers name from the court - see above

 

Step 4 get your MP on board - I fortunately did this last November and even he seems to be getting no response

 

Like I say it hard to complain when nobodies listening

[AndyOrch]

Well I would still start it rolling using the websites as advised...to do nothing will result in this miscarriage going unnoticed...once you have a complaint reference ...then it can be escalated.

 

As your claim was struck out using CPR 3.4 Then normally you are expected to pay the defendants costs (detailed assessment if not agreed) if they try to claim...you object...then they have to have a hearing (and you have to attend)....lets see how London Central gets out of that.

 

Assuming you can get the 14 days installed you too can make application to vary the order and make application to strike out the defendants defence and seek summary judgment.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03/pd_part03a

 

With regards to the initial application by the Defendant...that must be on Notice.

 

Application to strike out a statement of case must be on Notice

 

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23#23.4

[AndyOrch]

As you will see from my initial link...that is the length that a Solicitor had to go to get their attention...but I wouldn't advise you serve a Writ you shouldn't have to....Justice for all...not just the fat cats.

 

Regards

 

Andy

[AndyOrch]

And to finish my rant for the evening (bedtime approaching long day)...email/write/ring the court which you paid your application to transfer and request a refund...put them on Notice of 7 days or you will issue legal proceedings...against them:madgrin:

[Teamva]

Hi Andy

 

I rang CCMCC this morning as they at least answer the phone and it would appear I'm not the only one to be having a problem, Central London now have a new number for telephone enquiries, and they do actually answer the phone!!

 

A complaint has been sent to Central London and they have called me back to confirm receipt of the complaint, they are expected to get a letter to me in 10 working days with a plan of action, last chance to redeem themselves!!

[AndyOrch]

Excellent ..if nothing you will feel a little better that its being investigated...rather than just accept it.

 

Andy

[Teamva]

Quick Update Re Formal Complaint to CCCL - guess what its 22 days since my complaint was made and acknowledged, but still I wait for an update as to what their findings are and what they are going to do about them!

 

Have a meeting with my MP tomorrow and the ombudsman's telephone number is at the ready!

[Teamva]

On the positive side - The formal complaint did spur the court to send me copy documentation only took 6 weeks!

[AndyOrch]

 

Just convey the above to your MP tomorrow Teamva...they will have to respond...sooner or later.

 

Regards

 

Andy