backdoor CCJ Aktiv Kaptial - set aside - whats next?

[AndyOrch]

Ring the Court and ask the status of your CC....If they had filed a defence then CCBC would have served a copy on you.

 

Regards

 

Andy

[batty69]

Andy, CC now proceeding as normal and now on track, thanks for the help

[batty69]

Just had a good one from my Claimant,

it has left me in stitches and I am laughing at this one.

 

in my defence I denied the POC's in their entirety and then proceeded to a point by point dissection of each of them.

 

My claimant has now applied for a strike out of my defence and a default judgement against me on the grounds that although I

"deny the particulars of claim,

the defendant does not deny the debt.

 

therefore failure to deny the debt constitutes admittance of the debt.

 

hence the defence should be struck out and judgement awarded for the claimant"

[AndyOrch]

[batty69]

Update time:

I nearly lost my case up on some procedural error which would have resulted in CC being thrown out and judgement awarded to the claimant.

all sorted as the court made a mistake as well and I was able to pass the buck for my mistake as being a result of their mistake.

 

everything on track now, hearing date set, directions given by the judge etc.

 

Although one thing I have noticed in the directions is that although both parties have been given directions to exchange relevant docs, ws etc 14 days before the hearing.

 

He has made a separate direction,

which I will avoid repeating verbatim,

but says for the claimant to,

 

1) clarify their case set out to the court so far

 

2) send to the court and all parties by blah,blah full and precise evidence of the assignment of the debt to the claimant.

 

Is this a normal direction ? (I didn't ask for it)

 

If they fail to produce this evidence by blah,blah. does that prevent them from introducing this evidence later?

 

if they fail to produce this evidence by blah,blah (I expect they won't),

how do I turn this "Direction" into an "Order" ?

Edited April 21, 2013 by batty69

[AndyOrch]

Are there no sanction stated if they fail to comply Batty?

 

Regards

 

Andy

[batty69]

No sanction mentioned,

just a general sanction to apply to all directions that if any of them are not followed it may result in the case being adjourned and the party at fault incurring the costs.

 

Just to add although the hearing is over 6 months away,

the claimant has been directed to do this within 3 weeks.

 

Any idea what the judge is getting at here ?

[AndyOrch]

Not sure but it all assists your case...keep your eye open in 3 weeks time ...if they fail report and let the Court decide what's required.

[batty69]

Andy the deadline passed last week,

I've gave it 7 days and have checked with the court and they haven't received anything.

 

What's my next step ?

 

If it's any help, I

n short my defence is that I deny the POC's in full,

the claimants claim consists of nothing more that A owes B.

B has no paperwork that shows A owes B anything.

 

The defendant has knowledge what so ever of the claimed debt.

The defendant states he does not owe the claimed monies to either the claimant or anyone else.

It is the defendants assertion that no debt has ever been assigned to the claimant and the defendant has proof to this effect.

 

I have done an all out categorical denial.

[AndyOrch]

Good morning Batty

 

Ok time to inform the Court then...this can be done informally or by way of an application with a request that the Court issues an or else or that you direct the claim be struck out...your choice.

 

Regards

 

Andy

[batty69]

Thanks Andy,

I'll do it informally as it will be cheaper,

unless there's a difference ?

[AndyOrch]

An application is the correct procedure and carries far more weight and will contain your draft Order...you can request costs within the application.

[batty69]

Hi I went to do this,

but looks like the other side has pre-empted me.

 

Can't confirm yet,

but they have put in an application which by the timing of it,

means they are looking to vary the judges order and directions.

 

Only possible thing they could have issue with is the documents direction,

as the rest is pretty standard stuff.

 

Any ideas what I should do ?

shall I wait for the outcome of this or move quickly ?

[AndyOrch]

Have you been served a copy of said application?

[batty69]

Nope only found out yesterday,

went I enquired about submitting my own.

[batty69]

The Plot Thickens,

Just rung up court,

further to their application they have now decided to discontinue.

 

What does that mean ?

[DonkeyB]

You’ve won!

[batty69]

Just been reading up,

it doesn't look like I will get my costs,

and it is theoretically possible to re-instate the claim.

 

Also what about my Pt20 CC ?

surely if they were planning to discontinue and never come back they would have asked me to withdraw my claim ?

[citizenB]

I think you can still apply for your costs, even if they have discontinued.

 

You will need andyorch or donkeyB to advise if you can still continue with your Pt 20 claim ?

[batty69]

Been down to the court, this is the state of play unofficially.

 

1) The claimant tried to have the judges order/directions varied and got no were.

 

2) Claimant has now backed off and has discontinued.

 

3) Counterclaim is still live

 

4) Judges order is now winging it's way to me pay the hearing fee as I am now officially the claimant.

 

Sounds goods, but I'm very peeved as this is very much a pyrrhic victory for me.

 

I will be pushing this very much to the end.

[DonkeyB]

Well done. All too often, the courts simply miss the fact that there is a counterclaim.

[batty69]

Tell me about it!

Have had lot's of issues with the court missing the CC,

even had to go down to the court and explain to them what the rules are about handling CC's (thanks andyorch).

One member of staff even asked me

"What's CPR ?"

[batty69]

Right need to get back on the case with this.

 

I'm very uncomfortable with the "discontinued" aspect of this case, as it means

"Theoretically" they can come back at me at some point.

A peruse around this forum shows that this does happen and there are various tricks to do this.

I need to have the claimants claim dead and buried once and for all.

 

Is it possible to do this via a SJ ?

 

My grounds would be.

 

1) The dispute has been now been on going for 9 years.

 

2) Due default notices placed on the defendants credit record, the defendant has encountered difficulty in finding accommodation.

 

3) Claimant brought the case to court while the matter was in dispute as claimant has failed to provide any proof of debt.

 

4) Claimant lacking said paperwork gave the court a false address in order to gain a default judgement.

 

5) Due to the default judgement the defendant was made unemployed

 

6) The default judgement was set aside due to being a irregular judgement.

 

7) The claimant restarted the claim but has still failed to provide any proof of the alleged debt.

 

8) The claimant due to being unable to comply with a judges order to supply said proof has now discontinued the case.

 

Due to the length of time this dispute has been on going,

and the material impact this dispute/claim has had on the defendants quality of life,

the defendant requests summary judgement to prevent the claimant issuing further claims against the defendant.

[citizenB]

I think you can make an application to disagree with the discontinuance.. I am not absolutely certain about that ?

[batty69]

Looks like I can, just been reading up on Gilham V Browning [1998].

 

It provides for where a claim a materially hopeless and one party discontinues in the hope of having better chance later on.

 

Just wondering,

is it worth me approaching the claimant to ask for an out of court settlement for the CC or otherwise I will proceed with the CC and will apply to have their notice of discontinuance set aside ?