** STRUCK OUT ** halifax CC for 16k is allocation correct ?

[Amethyst]

Re: halifax CC for 16k is allocation correct ?

Without a hearing is £50 ( but that is with consent), otherwise is £155.

General applications
•
Application on notice where no other fee is specified.
£155
•
Application to set aside a County Court judgment.
£155
•
Application by consent or without notice where no other fee is specified.
£50
•
Application to vary a judgment, suspend enforcement or
suspend a warrant of possession.
£50
•
Application for a summons or order for a witness to attend court.
£50
•
Application for a certificate of satisfaction of a judgment debt.
£15

[skilganon]

Re: halifax CC for 16k is allocation correct ?

thank you amethyst for your response,

so to apply for a strike out of a claim, where the claimant has not consented, ( unlikely that they would ) then the cost of the application is £155 with or without a hearing ?

i could not find this information anywhere on the gov.uk website !? it seems to be very well hidden !

[skilganon]

Re: halifax CC for 16k is allocation correct ?

HI all,

no real updates to report on this case as yet, however i do have an unrelated question , which is nothing to do with this particular case. but rather than hijack a thread or start a new one

i am going to attach part of a CCA credit agreement for a loan and would very much appreciate opinions on the enforceability of this 'agreement'

I am referring to the lines that appear about half way down

" you have no right to cancel this agreement under the consumer credit act 1974, the Timeshare Act 1992 or the Financial Services ( distance marketing ) regulations 2004 "

This was for a personal loan , surely this cannot be right ? everyone should have the right to cancel ? Under the CCA ?

would appreciate others opinions on this

[Amethyst]

Re: halifax CC for 16k is allocation correct ?

If you sign an agreement on the traders premises - like at the car showroom - or in the bank - it won't be cancellable ( I think it's s. 67 CCA ).

[skilganon]

Re: halifax CC for 16k is allocation correct ?

Ok i will have a look at section 67,

so... If you sign an agreement for a loan on the premises of the bank who is lending you the moneys then you have no right to cancel and the agreement itself does not have to have the cancellation rights contained within it !

[skilganon]

Re: halifax CC for 16k is allocation correct ?

hi all,

the defendant submitted his witness statement as per the directions of the court.

the claimant did not submit their witness statement as per the directions of the court.

the claimant did not submit documents as per the directions of the court a week after the WS deadline.

so... the claimant have pretty much broken every rule in the book ignored pre action protocol, asked the court to allocate this to the wrong track to avoid the CPR request on the proviso that they will file documents as per the courts directions. ( so the courts helped them out by allocating to small claims)

then did NOT do as the court requested and did not do as they had stated in their DQ !!!!

i am going to help the defendant file an application for strike out, based on their complete disregard for pre action conduct, CPR rules, and directions of the court. Backed up by a strong witness statement, also an application for costs in defending this claim.

[mystery1]

Re: halifax CC for 16k is allocation correct ?

When is the hearing ?

M1

[skilganon]

Re: halifax CC for 16k is allocation correct ?

@M1

not sure exactly m1, but on or around 20th january.

[mystery1]

Re: halifax CC for 16k is allocation correct ?

Research Denton, Mitchell and relief from sanctions.

No evidence = case closed.

Also https://consumercreditlitigationandd...eps-on-giving/

M1

[skilganon]

Re: halifax CC for 16k is allocation correct ?

@M1,

thank you very much, you are a wealth of information i appreciate your help and advice:santa_smiley:

[skilganon]

Re: halifax CC for 16k is allocation correct ?

ok, to update this thread...

We have now made an application to strike out the claim , i have put together a strong WS with documents for their failure to adhere to pretty much any and or all rules. I have also applied for costs of this application along with reasonable costs in defending.

we can only now wait and see what happens

[Celestine]

Re: halifax CC for 16k is allocation correct ?

Good luck, keep us updated xxx

[skilganon]

Re: halifax CC for 16k is allocation correct ?

will do Celestine:santa_smiley:

[skilganon]

Re: halifax CC for 16k is allocation correct ?

[MENTION=2]Celestine[/MENTION] @mystery 1

Hi all,

we now have the order from the court......

1 the claim has been struck out
2 the claimant shall pay the defendants costs to be summarily assessed
i) the defendant must file costs
ii) the claimant has 14 days to file a response to those costs
3) the date of the trial/hearing has been vacated

:thumb:

[Amethyst]

Re: halifax CC for 16k is allocation correct ?

Ah ha nice work skilganon. Congrats xxxx

Would you be able to share the application made at all ? It might help others in the future.