Duplicate claim?? What the....?!

[Chris1986]

And case number 2 (which as you’ll read, is essentially a rant)

[ostell]

I can't understand why she expected the tax to be on the car. Automatically refunded to seller on sale. She couldn't tax it herself as she couldn't show insurance. How did she legally drive it away?

sorry second documents appeared after my post. So she now knows that tax cannot be transferred so how can you buy tax and transfer it?

[jaguarsuk]

Really what this will all hinge on is what was in the eBay ad.

If if you said you changed it and you haven’t then you have mis-sold the car, but we’ll need to see the ad to see what it’s contents are of the ad please?

The second claim shows she doesn’t have a clue, that’s a Reply to Defence which she could have filed correctly on the first claim.

That said, she didn’t and it’s a straight forward strike out application as far as I’m concerned for abuse of process with Claimant paying costs of the application by order of the court.

[Chris1986]

When she was messaging me on eBay, she asked me if it was taxed. I said that it was. She asked me if I was going to leave it on, and I said yes - so she can drive it home. Then a few hours later I did the ownership change (online) and the tax will have been removed, and then she started ranting. But that issue seems to have gone away now, and she’s flipped around and is demanding this paperwork that I don’t have. She’s saying the belt hasn’t been changed, and wants the money for it. The whole thing is a load of crazy. She tried telling me she was going to return the car under the consumer credit act!

[jaguarsuk]

Just to add, that even if you did say it in the ad it doesn’t mean she necessarily capable of winning her claim. The first point of any defence raised should have been under what statute or enactment is she claiming?

How can you asses your position if you don’t know what she’s claiming.

I’d assume it’s breach of the Consumer Right Act, but how do we know.

[jaguarsuk]

Might be an idea to hit her with some part 18 questions with a view to when she cannot answer them applying to have her claim dismissed.

[Chris1986]

The advert has gone from eBay now, because it’s been so long. I’m pretty sure it read “it had the timing belt and water pump done last year”. And all I was doing was reiterating what I’d been told, she asked me to my face if I had paperwork to support it, and I said no.


How do I go about getting this second case struck out?

Do I have to submit a response to it first?

[jaguarsuk]

As Amethyst said you need to Acknowledge Service with the intention to defend in full, but do not put anything in the box.

Confirm when you have by posting to tell us (it’ll send us all a notification) and we’ll take you through the app process tomorrow.

[Chris1986]

So, I’m just going through the second claim, I’ve said I need more time, disputes the claim, but now it’s asking for an explanation as to why I dispute the claim. Should I just put it’s a duplicate?

[jaguarsuk]

So, I’m just going through the second claim, I’ve said I need more time, disputes the claim, but now it’s asking for an explanation as to why I dispute the claim. Should I just put it’s a duplicate?

I think you can just say you need more time and not say you dispute just yet. Try that...

If not then yeah just put in "duplicate claim to claim no. XXXXXXXX"

On the application.

You are going to need to apply using form N244 most of it is self explanatory, but some boxes need certain things.

3. Put in "An Order to Strike Out the Claimants Statement of Case, to enter Summary Judgement on the claim pursuant to CPR 24.2(a)(i) due to the fact that the claimant has no real prospect of succeeding on the claim and that the Claimant pay costs of this application to the defendant."

4. No

5. Without Hearing (don't be surprised if one is ordered though)

8. District Judge

9. Claimant

10. Evidence in the box

And in the box put: This is a duplicate claim to claim no. XXXXXXXX, which is a defended claim and this does not bring forward any new cause of action or alternative issue. It is vexatious and as such the claimant has no real prospect of succeeding on the claim. I respectfully request the statement of case be struck out and that the claim is dismissed as vexatious. This application has cost me £255 to file, I respectfully request that the Claimant be ordered to pay me £255 wasted costs."

[jaguarsuk]

On the first claim you might want to consider some Part 18 Questions, if she answers them they form part of her statement of case and could be a good method to tripping her up.

You could ask:

1. What statute or enactment is the claim brought under?
2. What Cause of Action is the claim based upon?
3. Please provide a copy of the eBay listing?
4. If you are unable to provide a copy of the eBay listing please explain why you cannot?

Others might be able to chip in with some other pertinent question and then you can use this template to send to the Claimant -> Part18Request.docx

[Amethyst]

You Shouldn't have to complete anything online as yet just say you need more time to extend deadline to 33 days.

[Chris1986]

Okay, I’ve extended the deadline now and has confirmation via email

[Chris1986]

N244 went in the post today, felt really empowering!! A bit painful writing out that cheque though!

[Chris1986]

Hi guys, it’s been 2 weeks since I sent my form off to the courts to get this duplicate claim struck out. I’ve not heard anything back yet, and the deadline for my defence is slowly creeping up.

What usually happens when an N244 is submitted? Also, the cheque I sent in with it hasn’t been paid in yet. So I’m slightly concerned.....