Capquest/Drydens stayed Claim halifax Card - ***Claim Dismissed***

[AndyOrch]

Yes...proportional and reasonable

[potman100]

Thanks for that, something to think about !

[AndyOrch]

You need to have a figure in mind...your suppose to serve it on the opposing party as the claimant has with theirs...and the judge will ask for a figure.

[potman100]

Not really, what would you think would be realistic and the judge may be ok with ?

[AndyOrch]

Depends......how much have you had to spend in preparing for the hearing ? Have you had to take time off work ? how near is the court ...petrol parking ?...etc etc etc

[potman100]

Well I work for my self, but I could be doing other things so it will cost me a day ! Bradford is only 10 miles away and parking is free !!

[AndyOrch]

Well its £90 for loss of earnings 1 days work...so there is your starter for 10:-)

[potman100]

Thanks m8, if all goes well, do I just ask for costs at the end ?

[AndyOrch]

Yes...assuming the court dismiss their claim

[potman100]

Ye, if all goes well ?????????

[potman100]

 

Capquest/Drydens : 0 - potman100 : 2

 

I say 2 as the request to lift the stay was struck out, and then the actual case was struck out, with the Judge saying "The Claimant Has No Chance Of Success"

 

The Case rested on the Default Notice : ,

the Judge said, as the default notice was a redacted template, that this was no evidence that the Default Notice has ever been Properly served, and the contents were not as the law required, The screen print was also given the same treatment.

 

Lasted Nearly 45 mins, and at different points I thought I had won and lost,

The claimants witness statement helped on point 6, it said that they would not be able to provide the original Default Notice, this lead the judge to say that it could not be proven it was ever sent.

 

So Happy days for me, not so much for the Judge, he really did not want to rule in my favor, he said I was just trying to get away with paying my debts !!!!!

 

A Couple of points I would do differently,

I would send my witness statement to the claimants solicitor, as he tried to use this to say he was not prepared,

but the judge was having non of it, and expect that he would be able to read 2 pages and respond.

 

The Other things is I would not ask for costs again, the judge was not to happy when I did, and he refused to hear my request.

 

I could not have won this is it was not for the help on this forum, DX, and Andyorch made it possible for me to stand a chance of winning, and I can only say Thanks You

 

Very Much to you both,

I will be making another donation to help keep these forums running,

as it's one of only places online that the staff are interest and can't do

enough to help, once again Thank You.

 

Potman100

 

Edited May 21, 2018 by dx100uk
spacing

[honeybee13]

Well done, potman.

 

HB

[dx100uk]

well done but they really shot themselves in the foot by using someone elses DN blockout info and claiming it was a template

 

as post 28

[AndyOrch]

Good news and a very well done.

 

Thread title updated.

 

Regards

 

Andy

[LordSuggs]

Congratulations Potman - really excellent news

[brassnecked]

Brilliant potman.