Cabot/Mortimer Claimform - stayed - Now N244+SJ - old Newday card debt ***Application Dismissed/Claim Struck Out***

[letsgetitsorted]

Just an update 

was supposed to be in court today, however I requested that the case be transferred to my local court, and yesterday I got notice that the case has been transferred and my local court will be hearing the case.   

[letsgetitsorted]

Here is an update

Was at court today and the other side sent a young solicitor who did not know much about the case. only received it on Friday Last week, 

The Judges opening was to address the pre action protocols and that both the claimant and their Solicitors both failed in this. 

I forgot to take in my defence with me but still managed to hold my own.

the outcome is, the stay is to remain in place and the application for Summary judgement has been dismissed.

however that does not mean that they can pursue for redress until they submit documents in the proper manor. 

statment redacted.pdf

 

My defence was very week please see above, i have and will be taking on board how to defend the other claim they have submitted though 

Edited September 19, 2023 by letsgetitsorted
adding additional information

[AndyOrch]

Excellent just goes to show how important for the inclusion of the PAP paragraph of the defence.

Topic title amended so we know what stage this one is at.

Well done.

 

Andy

[letsgetitsorted]

Thank you Andy

My WS was rushed and sent in 2 working days before hearing due to change of court.

but Judge did agree that MC and C both failed in their duties to send and include the paper work to proceed with a hearing, I have another coming up soon a piece of info that was`nt included in this, is included in the next one.

just trying to get my head around a WS that will help sort that out 

many thanks 

Just a quick question

if there is a form to fill in when you get the 30 days letter before a claim is issued, and you dont send it back, will it hinder your defence when asking for the evidence from the other side under cpr31.14 

none of the cpr stuff was given until they entered the n244 request 

[dx100uk]

you mean the pre action protocol letter of claim.

not responding to that is a bit of a negative browny point, but theres not alot the claimant can really complain about, thus it adds no weight to their claim.

a CPR 31:14 is simply a request, they don't HAVe to comply , however if they failed to reply to your CCA request, that's another matter, and should be noted in your WS.

dx

 

[AndyOrch]

12 hours ago, letsgetitsorted said:

Just a quick question

if there is a form to fill in when you get the 30 days letter before a claim is issued, and you dont send it back, will it hinder your defence when asking for the evidence from the other side under cpr31.14 

Either party not complying with PAP can render adverse effects particularly with regards to costs.

[letsgetitsorted]

To Confirm 

Today I had the confirmation of Judgement and it states

The Application is Dismissed and the Claim has been Struck Out 

as I had to get this transfered to my local court I did not actually get the WS in until 2 days before 

the WS was a rushed one but it worked 

[dx100uk]

well done

 

dx

 

[letsgetitsorted]

Now just had an email from MC with the judgement being obtained in the other case.

what is the application for putting this on hold and getting it reheard, the reason for this is the case was heard at a court that was not my local court and i could not get there to defend it.

when i contacted the court they told me i would need to pay an application fee and it would take 21 days for the proceess which was no good to me as the case was was due in 18 days 

 

so on that case they have got summary judgement and all costs totalling over 800 so now its 3k 

 

many thanks 

lets

[AndyOrch]

An Application to set a side...fee is £275.