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

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  • #46
    Hi everyone, just to let you know, I’ve got my strike out hearing on Monday - fingers crossed it goes my way!!

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    • #47
      There's no reason why it shouldn't go your way, it's clearly a duplicate of the other claim and needs to be dismissed. Good luck and let us know once you have been in what the outcome was.
      COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

      My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

      Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

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      • #48
        Well that was an absolute joke! The “judge” DIDNT strike the second claim out!! He’s decided to merge the two claims together!! When he asked the claimant why she opened a new case, the best that could muster was because she wanted to respond to my defence and there wasn’t a button for it! So even though I requested and paid for a strike out hearing, that’s not what I got. So now I don’t have a case number to go against and I don’t even know how much she’s claiming for or what she’s claiming for, because she brought up the issue with the road tax and now that’s been thrown into the mix, and now I have to come up with a defence for it!

        What am I supposed to do now?! Can I complain or make an appeal??

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        • #49
          Originally posted by Chris1986 View Post
          Well that was an absolute joke! The “judge” DIDNT strike the second claim out!! He’s decided to merge the two claims together!! When he asked the claimant why she opened a new case, the best that could muster was because she wanted to respond to my defence and there wasn’t a button for it! So even though I requested and paid for a strike out hearing, that’s not what I got. So now I don’t have a case number to go against and I don’t even know how much she’s claiming for or what she’s claiming for, because she brought up the issue with the road tax and now that’s been thrown into the mix, and now I have to come up with a defence for it!

          What am I supposed to do now?! Can I complain or make an appeal??
          That is absolutely ridiculous, filing a second claim to respond to a defence shouldn't just be accepted, if she doesn't know what she should be doing then she shouldn't be handling the claim.

          Did you ask for your costs of the application?

          You have already defended the claim, you'll need to submit an amended defence to now defend the crazy points that have been added.
          COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

          My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

          Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

          Comment


          • #50
            He said he wants us both to submit a whiteness statement for the whole thing. I asked him about my costs of the strike out and he essentially said, but tip toed around it, that I’d have to see what happens with costs at the end. It looks like nobody knows what’s actually being claimed for, and it’ll just be made up on the day in court!

            Comment


            • #51
              Okay the claims have been merged, so in essence one has been removed, and both her claims are a single claim. The costs for your application should be dealt with at the full hearing at the same time removing any costs she added for issuing the second claim.

              Your witness statement should cover the issues made in her claim ( so both of the claim particulars treat as one )

              So the particulars in https://legalbeagles.info/forums/for...67#post1479467 and in https://legalbeagles.info/forums/for...76#post1479476 deal with through your Witness Statement. Your current defence to the original claim will stand so your Witness Statement wants to expand on that and counter the further points she made.

              She doesn't actually seem to be saying there is an issue with the Timing Belt , the claim appears to only be for the invoice for the timing belt, we don't know how she has calculated what she is claiming or on what basis she is claiming it.

              Do you have the Ebay Advert ?
              How much did she buy the car for?
              (can't see the answers to those in the thread so sorry if I missed it )
              “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

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              Comment


              • #52
                Hi, sadly the eBay advert has vanished as it was so long ago. I essentially said the belt had been changed and she says that she doesn’t believe it, without proof. The closes thing to proof that I have is a copy of the advert from when I bought it also stating that it had been changed. She’s not used the car sunscreen buying it, she claims it’s not road worthy. She’s not supplied any information to why she says it’s not been changed and hasn’t submitted any type of quote costing to have the work done. The way she was speaking to the judge (or whoever) today she was implying that she was out of pocket and that’s why she was making the claim. But it’s cost her nothing. All it’s cost is me £255!



                she paid £1700 for the car, give or take £50 I can’t quite remember

                Comment


                • #53
                  Just another quick update. I’ve put a complaint in against Wakefield justice centre, essentially saying that I want the hearing I paid for and was granted. I don’t think it’s acceptable for the ‘judge’ just to sweep the second case under the carpet and merge them. I’ve just called them to see what’s happening with it and apparently they’ll get back to me in a few days.

                  I can’t begin to explain just how frustrated and anxious this has left me!!

                  Comment


                  • #54
                    He can merge the cases, it's not swept under the carpet there is now one claim rather than two....so in essence that claim has been struck out. Your costs should have been awarded but it does sound like he has deferred the question of costs until the outcome of the final hearing. I'd concentrate on putting your witness statement together.

                    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                    Comment

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