PRA Claimform - old Provident Doorstep Loan

[The GodMother]

I no that it might not get to court but l will be seeing d tomorrow and l no he will have questions. I have read liverlass thread and can adapt the witness statement from there to D's needs

 

I don't have a search box.

 

I have the logo in top left top right log out then underneath l have a box with consumer forums new post user cp then under that the twitter feed and this thread.

[dx100uk]

well you have a WS so a start then.

if you pull down to the very bottom of the page

there should be a switch to full mode line that pops up from the bottom

but no worries

[The GodMother]

OK l will start on that. I will borrow D's laptop tomorrow he does not need 2.

 

Will the courts want evidence of the ops if so willing tomorrow to see if can pick up Friday

[AndyOrch]

Hi all

Sorry for the delay but illness and hospital. Got the letter.

 

By 4pm tomorrow, 4th July, PRA needs to file the hearing fees or without further order the case is struck out and they are liable for costs.

 

By the 14th both parties need to file with courts and each other documents they wish to rely on.

 

 

We still have not had any contact from PRA re the CPR or the DQ.

The last and only contact is the solicitors letter.

 

What do we do now l am contacting the courts tomorrow.

 

Well it cant be stayed as you have completed the DQ and had the Notice of Allocation with directions (standard Disclosure and Witness statement) that you must comply with by the dates stated above...so you have had a response to the DQ.

 

Why do you wish to contact the court tomorrow?

[dx100uk]

what if the claimant doesn't pay the fee?

[The GodMother]

Well it cant be stayed as you have completed the DQ and had the Notice of Allocation with directions (standard Disclosure and Witness statement) that you must comply with by the dates stated above...so you have had a response to the DQ.

 

Why do you wish to contact the court tomorrow?

 

Dqs were ment to be submitted before easter. D's was and copy to other side D has still to receive anything from claimant including there DQ and CPR request. The claim is listed for trial next MTV.

 

Need to speak to courts as D is in hospital and has been put on urgent surgery list and will be done in next 4 wks and not allow anything to cause added strain or stress for extra 12 weeks.

[AndyOrch]

what if the claimant doesn't pay the fee?

They risk their claim being struck out

 

Dqs were ment to be submitted before easter. D's was and copy to other side D has still to receive anything from claimant including there DQ and CPR request.They dont have to send anything The claim is listed for trial next MTV. Whats MTV ..next month ?

 

Need to speak to courts as D is in hospital and has been put on urgent surgery list and will be done in next 4 wks and not allow anything to cause added strain or stress for extra 12 weeks.

The court cant do anything you either attend or dont

 

So when you submit your witness statement its important to state that the defendant will not be in attendance and that you totally rely on the WS as evidence...make it a good ws as not being in attendance narrows your chances of success to 10/15%

[The GodMother]

They have paid the fee.

Failed to follow all other court directions but have paid the fee.

I have since found out they did not send the court the DQ.

 

The courts have said in light of the hospital that l can go with him,

like they had the option not to let me,

but it will be down to the judge I'd l can speak for him l.

 

 

Well the judge is not going to want to get up and read notes d has made so.going to have

 

so going to have 2 options really. Let someone seal for him or make the hearing at a date d all be able t do next year.

 

On to the witness statement.

[AndyOrch]

Dont forget to file and serve your witness statement and disclosures now...they should be received by the court and claimant this Thursday 14th July.

 

They have paid the fee.

Failed to follow all other court directions but have paid the fee. Not due till this thursday

I have since found out they did not send the court the DQ. Then how did it get allocated with directions (by the 14th July) ?

[The GodMother]

Hi All

 

I am posting from the courts so bear with me.

 

The judge requested this hearing with regards to ds medical issues and has said that he want the medical evidence. he was provided it with the application.

 

We was due in at 9.00 but due to a road incident the other side is not here so agreed to a delay. 10am we was ushered into court to start the hearing. about 5 mins later a court usher came running in to say a letter had just been hand delivered to the courts one for the courts one for D. Well the judge reads it and they have discontinued.

 

Judge is in a side room checking it out and deciding if D can have any compo or expenses.

[dx100uk]

well done!!

[The GodMother]

Thanks Dx.

 

I am a bit annoyed as l was looking forward to the day in court but then on a plus side l won't have d going threw a anxiety attack, panic attacks and other health issues.

 

The judge said he could not award costs as we did not have a list of costs with us which he said was understandable. Tho he did say he was not happy they had done this so late in the day.

 

Now a couple of questions from d.

 

1 can he apply for costs, it has cost over £150 so far, and if so what can't he claim for

 

2 can they bring this back to court or now they have discontinued is this the only chance.

[The GodMother]

Anybody able to answer D's questions.

[AndyOrch]

No he cant claim costs ...and yes with the courts permission..which is rarely ever allowed.

 

Discontinuance and subsequent proceedings#

 

38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a) he discontinued the claim after the defendant filed a defence; and

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

[The GodMother]

Thanks Andy. Pitty we can't as its cost us loads in phone calls and printing costs let alone the postage.

They can tho chase and sell on. Its still a live debt till this time next year. I am sure they will either sell it on or chase it.

[AndyOrch]

CPR 38 is not applicable to Small claims Track.

 

Liability for costs

38.6

(1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.

(2) If proceedings are only partly discontinued –

(a) the claimant is liable under paragraph (1) for costs relating only to the part of the proceedings which he is discontinuing; and

(b) unless the court orders otherwise, the costs which the claimant is liable to pay must not be assessed until the conclusion of the rest of the proceedings.

(3) This rule does not apply to claims allocated to the small claims track.

[The GodMother]

Thanks Andy.

 

Just want to check

 

Another dca could not bring a case against d if he chooses to ignore them.

[dx100uk]

yes they always can.

but as long as you ensure that addresses are kept updated

then they'd be pretty stupid to do so

[The GodMother]

yes they always can.

but as long as you ensure that addresses are kept updated

then they'd be pretty stupid to do so

 

Unless he or l win the lotty then he is not moving.

I guess we can just see what happens next. They have just over a year till the court papers say its Statue barred.