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I took a financial institution to Court two years ago. They asked for the case to be struck out, and it was.
A year later - last year - I had to take this company to Court again, for a different issue. Made sure I had strong legal grounds to do so, then litigated. This was a claim with different POC and different amount (more than double was claimed than the previous claim).
In their Defence, they state I had tried to litigate the SAME issue again, and should be struck out.
I emailed back and for, telling this company that they knew this was wrong, and if they did not know, they did now, and told them that they needed to inform the Court ASAP before the Judge saw the Defence and struck it out.
They responded to my emails, then ignored the last two weeks worth.
Judge believed them, struck out my claim a month later.
I then paid £255 to make an application to reinstate. In my application, I asked for a hearing, and noted I would send my detailed submissions, email chains, etc, separately.
Called the Court and asked when the submissions should be made? I was asked whether I had requested a hearing. I said yes. Then I was told to wait until the hearing notice was sent, then litigate.
Then the Judge considered my application, WITHOUT a hearing, and struck it out as he had none of my submissions.
I complained to the Court staff, in particular one member, several times, recording the calls. Then the Civil section manager responded by letter, advising me to wait. I also made another application, and paid another £255, explaining what had occurred.
Waited over Christmas and New Years. Yesterday I was emailed to be told that the newest Judge said that the first application was dismissed last year and I must "appeal in the usual way."
???
I am at my wits end. Twice arranged to be contacted by this Civil section manager, twice told he would reach out, and now twice ignored.
There is a manager above him. That I can escalate to.
So I need your advice what to do here? Appeal? How do I do that exactly?
And what can I do in terms of holding Court staff responsible for all this? It is really disgusting.
Finally, as the company got the last claim struck out as being 'second bite of the cherry.', could I start a new case and make it clear this is definitely a separate claim, and is now also to recover all costs incurred because of their lies to the Court re: that it was the same claim as the previous year.
Thank you
I took a financial institution to Court two years ago. They asked for the case to be struck out, and it was.
A year later - last year - I had to take this company to Court again, for a different issue. Made sure I had strong legal grounds to do so, then litigated. This was a claim with different POC and different amount (more than double was claimed than the previous claim).
In their Defence, they state I had tried to litigate the SAME issue again, and should be struck out.
I emailed back and for, telling this company that they knew this was wrong, and if they did not know, they did now, and told them that they needed to inform the Court ASAP before the Judge saw the Defence and struck it out.
They responded to my emails, then ignored the last two weeks worth.
Judge believed them, struck out my claim a month later.
I then paid £255 to make an application to reinstate. In my application, I asked for a hearing, and noted I would send my detailed submissions, email chains, etc, separately.
Called the Court and asked when the submissions should be made? I was asked whether I had requested a hearing. I said yes. Then I was told to wait until the hearing notice was sent, then litigate.
Then the Judge considered my application, WITHOUT a hearing, and struck it out as he had none of my submissions.
I complained to the Court staff, in particular one member, several times, recording the calls. Then the Civil section manager responded by letter, advising me to wait. I also made another application, and paid another £255, explaining what had occurred.
Waited over Christmas and New Years. Yesterday I was emailed to be told that the newest Judge said that the first application was dismissed last year and I must "appeal in the usual way."
???
I am at my wits end. Twice arranged to be contacted by this Civil section manager, twice told he would reach out, and now twice ignored.
There is a manager above him. That I can escalate to.
So I need your advice what to do here? Appeal? How do I do that exactly?
And what can I do in terms of holding Court staff responsible for all this? It is really disgusting.
Finally, as the company got the last claim struck out as being 'second bite of the cherry.', could I start a new case and make it clear this is definitely a separate claim, and is now also to recover all costs incurred because of their lies to the Court re: that it was the same claim as the previous year.
Thank you
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