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

[Guest]

Nothing from the court at all, last communication from them was the case was struck out as per the order.

 

 

I've called the court and they stated there was a note that the case was being reviewed "marked urgent " by the Judge and all they could advice was that directions on that outcome would be provided.

 

Sounds ominous,

do I submit a witness statement in defence of the application or sit tight,

 

 

seems strange to respond to the claimant and not wait for a response from the court stating they are willing to take a defence statement from me in relation to the application.

 

thoughts?

 

if their app'n is not dismissed outright by the J, then you will (should) have the opportunity to object accordingly. it wld be surprising if the J grants their app'n without at least the formal oppo to object/a hearing. as posted, you wld then normally do your formal ws/objections.

[Wandsworth2015]

Today I've received a Notice of Hearing of Application, which states as follows:

 

The hearing of the claimants application dated 18th November 2016 (they have included the application from the claimant), will take place at 10:30 am on the 3rd January at my local country court.

 

So we're actually going to court after all, is this where I present the witness statement I wrote defending against the claimant seeking relief from sanctions ?

[AndyOrch]

Yes...file and serve not less than 14 days from the hearing date.

[Wandsworth2015]

A simple covering letter and the witness statement we already produced is all that's required, issued to both the claimaint and the court?

[AndyOrch]

A simple covering letter and the witness statement we already produced is all that's required, issued to both the claimaint and the court?

 

Yes and of course you must attend the hearing to fight and support your statement.

[Wandsworth2015]

Thank you Andy, I will do just that.... some of their statements within the witness statement are either complete fabrication or so busy litigating people, that their too busy to handle it and are making mistakes.

[martin2006]

Thank you Andy, I will do just that.... some of their statements within the witness statement are either complete fabrication or so busy litigating people, that their too busy to handle it and are making mistakes.

 

The more mistakes they make the better it will be for you WW

[Wandsworth2015]

Despite the claimaints application notice to seek relief from sanctions without a hearing, I'm in court 10:30am Jan 3rd to defend the claimaints application and ensure the order remains struck out, feeling positive as I've done everything as best I can.

 

Thanks to all at CAG for the help this far, especially Andy, thank you all, I will update you once its completed.

[AndyOrch]

Best of luck Wandsworth...stand your ground.

 

Regards

 

Andy

[Wandsworth2015]

The results of the case today

• The claimant stated that a case of a nervous breakdown was the reason for the breach, I requested evidence of the illness, but none was availble.
  
• The claimant stated that the breach was insignificant as that there was only one, I stated that continual breaches and the lack of disclosure meant it was prejudicial in this case.
  
• The claimant stated that the defendant was also in breach, I provided evidence that full disclosure had been submitted and evidence of postage was provided, the claimant withdrew this point.
  
• The claimant stated they had requested additional time during directions in the spirit of over-riding objective, I stated they the claimant requested additional time for mediation, but they neglected to contact me.
  
• The defendant suggested that the late payment of the court fee was also non-compliance and presented further evidence to highlight the point.
   
  In my closing statement, the claimant stated the debt was still owing. I had requested documents via CPR 31.14 and since this was denied, full disclosure was essential to prove the claimant had a case to present, regardless of what my position was to defend, with no documents, there was no case to defend.
   
  The case was a collection of failures by the claimant, many orders had been breached, including the unless order and had there been a case to submit, the actions of the claimant were prejudicial to the defence, as well as wasting judicial time and costs for all parties, a complete disregard for due process and therefore serious.
   
  

 

The application for relief from sanctions was denied and the case found in favour of the defendant

[AndyOrch]

Thread title amended to reflect the outcome...again.

 

Well done Wandsworth

 

Andy

[Wandsworth2015]

Thanks Andy, we did it.... man that was stressful, a great start to 2017!

[Guest]

excellent

 

did you get any costs?

[Wandsworth2015]

Good point. I neglected to ask. It also wasn't mentioned. The sanctions were denied and the unless order stated the claimant shall pay costs, so I'm assuming it still stands.

 

Do I wait for confirmation in writing from the courts or can I submit costs, something like as follows, what are your thoughts?

 

 

The application to seek relief from sanctions was denied in the County Court, 3rd January 2017.

 

Therefore, the claim stands struck out pursuant to the order of 5 October 2016, the claimant shall pay the defendant costs of the claim, expense sheet attached.

[AndyOrch]

Good point. I neglected to ask. It also wasn't mentioned. The sanctions were denied and the unless order stated the claimant shall pay costs, so I'm assuming it still stands.

 

Do I wait for confirmation in writing from the courts or can I submit costs, something like as follows, what are your thoughts?

 

 

The application to seek relief from sanctions was denied in the County Court, 3rd January 2017.

 

Therefore, the claim stands struck out pursuant to the order of 5 October 2016, the claimant shall pay the defendant costs of the claim, expense sheet attached.

 

Keep it realistic though

[Wandsworth2015]

No problem, I'm on it! thanks guys

[dx100uk]

well done

[Wandsworth2015]

thank you DX, your contribution has not gone missed, many thanks

[filrobbo]

Well done everyone involved in this claim I have been following it for sometime.

[Guest]

Good point. I neglected to ask. It also wasn't mentioned. The sanctions were denied and the unless order stated the claimant shall pay costs, so I'm assuming it still stands.

 

Do I wait for confirmation in writing from the courts or can I submit costs, something like as follows, what are your thoughts?

 

 

The application to seek relief from sanctions was denied in the County Court, 3rd January 2017.

 

Therefore, the claim stands struck out pursuant to the order of 5 October 2016, the claimant shall pay the defendant costs of the claim, expense sheet attached.

same as andy.

the original strike out order with its costs now still stands (they got no relief from those sanctions ). unless the J ordered anything different re those costs following today.

ie reasonable costs as per that order, plus maybe your reasonable costs for their failed application hearing today?

[Guest]

looking back. it seems you asked for costs in your response WS, so your costs for today may well have been ordered also?

[martin2006]

Brilliant WW, well done.

Hoist got Hoisted!

[Guest]

looking back. it seems you asked for costs in your response WS, so your costs for today may well have been ordered also?

ie, maybe wait see what the formal order re yesterday says.

if it includes costs for that hearing, happy days. if not, could still be worth a try. on top of the still standing original order.

[Wandsworth2015]

The claimant ignored all my requests for costs, despite the order, I also sent a follow up letter to the courts, I got no response.

 

Based on the fact I now have no debt's, nobody chasing and I can just get on with my life, I guessed it was just best to move on in victory.

 

thank you CAG, this and many others one even bigger issue were resolved with your help and I won in all cases, thank you.

 

W

[AndyOrch]

The claimant ignored all my requests for costs, despite the order, I also sent a follow up letter to the courts, I got no response.

 

Based on the fact I now have no debt's, nobody chasing and I can just get on with my life, I guessed it was just best to move on in victory.

 

thank you CAG, this and many others one even bigger issue were resolved with your help and I won in all cases, thank you.

 

W

 

Probably a wise decision and not worth the hassle......

 

Andy