Hoist Portfolio 2/? claimform - old Barclaycard 'debt' ***Claim Still Struck Out ***

[AndyOrch]

They have asked me to email them as there is clearly an error as a fast track allocation has been made twice, no payment has been made by the claimant and no documents filed. Only I appear to have done anything.

 

.....Theres a surprise...not.

[Wandsworth2015]

More complexity to add to the matter:

 

A communication I sent to the court:

 

Dear Sir / Madam,

 

On the 21st June 2016, I received an “Order” in the county court at Wandsworth with District Judge T R M Swan, stating the claim is allocated to Fast Track and including directions to the claim.

 

a. Each party must deliver to the other party and to the court offices copies of all documents on which that party intends to rely at the hearing no later than 4pm on the 1st August 2016.

 

I have complied with the order, delivering my documents to the court by hand on the 27th July 2016, I have not received documents from the claimant.

 

On the 27th June 2016, I received a “Notice of Hearing”, stating the hearing will take place on the 1st December 2016 at 10am and a direction for a hearing fee.

 

a. A hearing fee is payable by 8th August 2016 by the claimant.

 

On the 1st July 2016, I received a “Notice of Allocation to the Fast Track” reiterating the above and stating that a completed pre-file check list be filed no later than 1st November 2016.

 

I have since telephoned the Wandsworth Court, who stated that the claimant has yet to pay the court fee, nor presented the court with any documentation, but two allocations to fast track have been created and I should therefore email the court to gain some clarification over the status of the case.

 

 

I have now received a response from HM Courts & Tribunal service stating "Thank you for your email dated 22 August 2016. The claim will be heard on 1 December 2016 and the hearing fee from the claimant is due by 1 November 2016".

 

I already knew when the hearing was. The judge issued an order, which I complied with and the claimant did not and it appears the court has screwed up along the way issuing a duplicate fast track, but the order was the same in both instances.

 

 

I've submitted my witness statement to the court and to the claimant, I have nothing in response..... doesn't seem fair?

 

Where do you feel I stand at the moment, do I just suck it up and see if they miss the second deadline or do I push since there was only ever one order and that has been "broken" ?

[martin2006]

Sorry you havent had a response yet wandsworth but i would wait till Andyorch checks in for this

[AndyOrch]

Second Notice of Allocation supersedes the first Wandsworth...so run with those dates...although you have already completed all directions...its irrelevant to you but yes unfair as it allows more time for the claimant......still it would be interesting to know why the the second notice of allocation was issued.....I assume the claimant complained about having to pay an hearing fee 4 months in advance ?

 

Andy

[Wandsworth2015]

When I rang up the guy on the phone at the court said there was an error, since two allocations had been created and they both supported one order, one order which only I fulfilled.

 

Hence my frustration, regardless of two allocations, only one order existed and only one party fulfilled that order.

[AndyOrch]

If they have failed to comply with any directions then you need to bring this to the courts attention and ask they impose sanctions.

[Wandsworth2015]

is that an unless order at over £250? I don't have that sort of money. Is there another option / process?

 

Feels somewhat unfair and wrong that I'm the defendant in a case and I'm having to chase a court of law to enforce the law and their own process?

[AndyOrch]

You could ring the court and just inform them...whether they will act is dependant on each court..ask that it be brought to the DJs attention.

[Wandsworth2015]

Ok thanks, I'll send a letter, they don't appear to perform well over the phone, always ask for an email and then respond in writing by mail, it around the corner.

 

Can I address the letter to the DJ in question, It's on my paperwork?

[AndyOrch]

Yes...its not always successful as anything you require should ideally be done using the application notice..but the increase in fee has really not helped to make this feasible.

[lindyhop]

Hi WW

I understand that there is a court case pending that may settle and set precedence on the SB argument. In the meantime i follow your own thread with interest.

[dx100uk]

really whats that all about then...?

[Wandsworth2015]

What court case that may set a precedent ?

[mercyblue]

What court case that may set a precedent ?

 

I think they are maybe referring to another case on here? There is nothing at the supreme court pending that is at all relevant.

[Wandsworth2015]

Hi guys,

 

I'm writing the following letter to the judge in this case, can you review and let me know what and how I'm asking for, claim dismissed, struck out, stayed, I don't understand the terms or the implications of them?

 

Is the tone ok, basically there is a f.... up

 

 

 

I am the defendant in this case and have fulfilled the terms imposed by your order dated 17th June 2016.

 

I understand there was an administrative error made by the court and that the hearing information was missing from the original allocation to fast track, dated 21st June 2016.

 

On the 27th June 2016, I received the missing information and was satisfied everything was correct and the order and its terms had not changed.

 

On the 1st July 2016, I received another Notice of allocation to fast track, reiterating the information received and attached was a copy of the original order, again I was happy the order and its terms had not changed.

 

While there may have been a slight administrative error, at no point in the process did the court inform me that your orders and their terms had changed and I therefore fulfilled the order by the required date, the claimant however, has not.

[AndyOrch]

Little wordy...keep it simple...simply inform the court the claimant has failed to comply with directions and you therefore request sanctions be imposed....no point telling them you have complied ?

[Wandsworth2015]

ok thanks, so don't ask for anything, simply state the claimant hasn't complied and go from there?

[AndyOrch]

ok thanks, so don't ask for anything, simply state the claimant hasn't complied and go from there?

 

Correct and ask the court impose sanctions it feels fit.

[Wandsworth2015]

How about this for straight to the point Andy?

 

The claimant has failed to comply with the terms of your order, I therefore request that sanctions be imposed

[AndyOrch]

How about this for straight to the point Andy?

 

The claimant has failed to comply with the Directions (insert what they have failed to comply with )of DJ xxxxxx Order dated xxxxxxx, I therefore request that sanctions be imposed pursuant to CPR PART 3 - THE COURT’S CASE MANAGEMENT POWERS

 

Andy

[Wandsworth2015]

In response to my letter to the District Judge, an order was sent stating that:

 

"Unless the claimant shall by 4pm on the 19th October 2016, give disclosure of all documents upon which it intends to rely, including witness statements, the claim shall, without future order, be struck out and the claimant shall pay the defendant's costs of the claim"

 

That time and date, today has now passed.....

 

I could never afford a solicitor, so I have no costs, will the court act upon this themselves or do I need to prompt them again?

[Guest]

you shld have LiP costs?

cld check with the court just now, see if anything has happened there (with any backlog), and remind them of the order.

[Wandsworth2015]

Litigant in Person Costs

 

I can claim £19 per hour costs from the claimant, seriously? How do I do that, I've spent hours on this thing.

 

I found this:

http://www.atjf.org.uk/litigant-in-person-costs.html

[AndyOrch]

Simply prepare a bill of costs and submit it to the claimants solicitor pursuant to the DJ orders dated xxxxxx. Be realistic and dont submit it until you have it in writing the claim has been struck out.

 

Andy

[Wandsworth2015]

No problem, I will wait for the communication that the claim has been stuck out.....

 

It's clear that the banks and financial institutions do not want people setting precedents, they'd rather settle or ignore people who fight back, without CAG that has been made possible.

 

thank you