ACI/TM legal claimform - old Lending stream PDL ***Struck Out Twice & Costs***now third claim issued

[mame]

why would i they never replied to me

[AndyOrch]

Well thats the new rules from 1st October 2017...if you dont reply you get a court claim...but your case is a bit different

[mame]

ah i see my bad then. must take more notice.

[mame]

Am i using Res Judicata for my defence again this time? And the claimant failing to follow judges orders?

Will need to enter defence soon I am going away for a week fri 29 june

 

thanks

[AndyOrch]

Are all the claims issued to the same defendant or joint ?

[mame]

all to me andy

[AndyOrch]

Fine...and can you provide details of the costs awards...uploads of any court docs in connection or what you have sent to the claimants solicitor.

[mame]

Ok andy will do that soon as.

 

thank you

[AndyOrch]

We have plenty of time..defence due 3rd July

[mame]

Ive got all the the court orders and costs and will post them up on sunday will have more time then

[mame]

The first claim I submitted a CPR 31.14 Request for the usual docs and a cca request. The claimants did not reply and they did not submit witness statement, Went to court and the outcome was.

 

OUTCOME

 

District judge B Gill

 

IT IS ORDERED THAT

 

1 the claim be struck out

2 the claimant pay the defendants witness expenses in the sum of £72.40 by 25 may 2017

 

dated 10 may 2017

 

The second claim was met with the res judicata defence and nothing from claimants no witness statements etc

It was ordered that ,

1 the case be listed for a preliminary hearing at my local magistrates court.

2 the court is considering striking out the claim on its own intiative because claimant has neither

i)explained its failure to attend trial ........... on the 10th may 2017

ii)explained its failure to comply with directions in that case

iii)confirmed that it has paid costs awarded in that case.

 

OUTCOME

 

District judge Falvey

 

IT IS ORDERED THAT

 

1 The claim is struck out under the CPR3.4(2) (b) as being an abuse of the process of court

 

2 It is recorded persuant to CPR 3.4(6) that the claim is wholly without merit.

 

3 The claimant must pay the defendants costs in the sum of £81 by the 26th of january 2018.

 

Dated 8 december 2017

 

Then the third claim arrived.

 

thanks mame

[AndyOrch]

Many thanks mame..I think I have everything now.

 

 

andy

[AndyOrch]

DEFENCE

 

1. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.It is averred that this claim is Vexatious.

 

2. The claimants claim is denied having previously issued the same claim on the 13th December 2016 and 7th July 2017 in which the claim has previously been struck out pursuant to CPR3.4(2) (b) on 25 may 2017 and 8th December 2017 at Luton county court claim numbers xxxxxxxxx and xxxxxxxx respectively which was presided over by District Judge B Gill.

 

3 .Therefore the claimant is precluded from reissuing the same claim pursuant to res judicata and therefore the claimant is barred from re-suing a winning defendant on the same cause of action.

 

4. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

5. Part 20 Claim

 

5. The defendant/Part 20 claimant claims unpaid costs from previous claims pursuant to General Orders dated 10th May 2017 and 8th December 2017 respectively.

 

6. In the Luton County Court on judgment and strike outs of claim number's xxxxxxx and xxxxxx costs were awarded by District Judge B Gill.

 

 

And the defendant/Part 20 claimant claims:-

 

i) An order/judgment that the claimant do pay costs outstanding £153.40.

 

ii) £72.40 and £81.00 which remain outstanding from 25 May 2017 the 26th of January 2018 to 1st June 2018.

( 375 days and 127 days respectively) and costs in this claim.

 

iii) Interest pursuant to Section 69 of the County Courts act 1984 at the rate of 8% per annum until judgment or payment.

[mame]

Thank you Andy thats superb will get that on mcol tonight ,

 

once again many thanks

 

mame

[mame]

This is not a counter claim on mcol is it ?

[mame]

the reason i ask is it says is this a counter claim and i need to pay a fee i dont mind doing that just want to make sure

[AndyOrch]

This is not a counter claim on mcol is it ?

 

the reason i ask is it says is this a counter claim and i need to pay a fee i dont mind doing that just want to make sure

 

Yes...its a counter claim.

 

I have added to the Part 20.....

 

i) £72.40 and £81.00 which remain outstanding from 25 May 2017 the 26th of January 2018 to 1st June 2018.

( 375 days and 127 days respectively) and costs in this claim.

[mame]

Sorry to be a pain but do i make this a counter claim on mcol , i am willing to pay the charge

 

ok andy thanks

[AndyOrch]

Second time...yes your making a counter claim......a Part 20 is another name for a counter claim.

You are claiming all the costs they owe you from the previous claims.

 

Add the fee of the counter claim into the total on your part 20 claim.

[mame]

thanks andy all done . i got confused with a new page

[AndyOrch]

[brassnecked]

They must be thick, greedy or both for a third attempt, would they be told to cease and desist more vexatious clams for the same alleged debt?

 

 

They certainly need a spanking over their previous defeats.

[mrabody]

I think there's no harm in asking for exemplary damages in this case. I suspect that judge may be all too happy to make a point.

 

Another option would be to seek an extended civil restraint order which will prevent them from litigating this in the future.

[mame]

I have a communication from asset, attached .

 

 

I cant withdraw counter claim they have only sent a cheque for one order of costs, im owed two lots , any advice

convert-jpg-to-pdf.net_2018-08-08_23-06-42.pdf

[dx100uk]

oh they try every trick in the book don't they....