Cohens/CL Finance taking me to court AGAIN. Help!

[frass1]

Re: Cohens/CL Finance taking me to court AGAIN. Help!

Thank you all. What do I need to say in my defence? Can the first case be stayed forever or what do I? I can live with owing this money forever.

[Caspar]

Re: Cohens/CL Finance taking me to court AGAIN. Help!

Thank you all. What do I need to say in my defence? Can the first case be stayed forever or what do I? I can live with owing this money forever.

Funny you should ask that. I've been trying to find out for you for about an hour and a half now how YOU will know if a stay has been lifted, and under what circumstances they can apply to have it lifted. Have drawn a total blank so far - sorry!

[WendyB]

Re: Cohens/CL Finance taking me to court AGAIN. Help!

Ring the court to see if the first case is still stayed. If it is they cannot bring a second claim fir exactly the same amount, POC etc. As PT has already said above this is abuse if process and should be struck out. Sorry I don't know which part of CPR covers it but I'm sure someone will.

[Godzilla]

Re: Cohens/CL Finance taking me to court AGAIN. Help!

Frass1

As you said in your earlier post, you received notice from the Court informing that the claimant's app to lift the stay and Judgment be entered in favour of the claimant was denied by the Court.

When the claimant filed the said app he should of served a copy of it upon you and then you would of had the opportunity to file your opposition to his said app, that is how you would know if the claim is stayed or not, this claimant is seriously abusing the process and you need to bring this to the Court's attention.

Did you file an AOS to this second (same) claim?

When do you need to file your defence by?

Perhaps it would be a good idea to make an app yourself requesting that this claim (second same one) be struck out without any further notice, serve your evidence (exhibits) with the app and make a Statement of Truth stating the indisputable reasons as to why the Court should accept the app and grant the Order requested.

I hope that helps a little bit.

If you need any help with the app, then don't hesitate to ask.

Kind Regards

Godzilla

[frass1]

Re: Cohens/CL Finance taking me to court AGAIN. Help!

I need to file my defence before this weekend. I do need help with that please.

[Godzilla]

Re: Cohens/CL Finance taking me to court AGAIN. Help!

I need to file my defence before this weekend. I do need help with that please.

Hello frass1

Do you mean that your defence needs to be in by 4pm on the morrow (Friday) 2010?

As it is precisely the same claim as before, file your holding defence (the defence you filed to the first claim), but add the facts of the matter, that is, this claim is precisely the same as the claimant's claim filed/served on the (put the date and state the claim no add in your second defence of how the exact same claim is stayed under claim no: XYZXXXXX and of the claimant's attempt by way of his app to lift the stay and seek Judgment for his claim is an absolute abuse of the process, notify the Court in your defence, that the said app made by the claimant (put the date of his app) was not served upon you and so you were given no opportunity to file your opposition to his said app.

Inform the Court (or remind them) that the said app made by the claimant for his first and exact same claim as this 'new' claim of his, was dismissed by order of the Court on the (put date) by District Deputy Judge (put Judge's name).

Request that this 'new' claim filed by the claimant be struck out without further notice as it is no different from his claim that has been stayed for xyz amount of time.

State to the Court that the overriding objective is not being met or adhered as a direct result of this disgraceful conduct of the claimant who is so represented by a law firm, the two parties in these proceedings are clearly not on equal footing, the claimant is abusing the process, mis-leading the Court and taking serious unfair advantage of me, I am a litigant in person to this action, this claim contains the same set of allegations arising out of the same set of facts as the first claim made by the claimant that is still stayed.

I hope that will help a little bit, obviously what I have written may need amending/tweaking/adding to.

Kind Regards

Godzilla

[frass1]

Re: Cohens/CL Finance taking me to court AGAIN. Help!

Defence done, Thank you all.
Frass1

[frass1]

Re: Cohens/CL Finance taking me to court AGAIN. Help!

UPDATE: I have received a "Notice of Transfer of Proceedings" to my local court with an "Allocation Questionnaire". Does this mean the court has ignored the fact that this is restarting an already stayed case? How do I fill out the questionnaire?
Thanks Frass1

[pt2537]

Re: Cohens/CL Finance taking me to court AGAIN. Help!

did you make an application to strike?

[frass1]

Re: Cohens/CL Finance taking me to court AGAIN. Help!

Yes I did!

[pt2537]

Re: Cohens/CL Finance taking me to court AGAIN. Help!

Yes I did!

then your application ought to be listed by the Court

Maybe you should give the local court a call and see where the application is up to

[frass1]

Re: Cohens/CL Finance taking me to court AGAIN. Help!

Sorry, I did not make a separate application. I only mentioned it as a suggestion in my defence.

[pt2537]

Re: Cohens/CL Finance taking me to court AGAIN. Help!

??now im very confused

If you did not make an application then the case will proceed on the basis of any defence you lodged.

if you did apply, then the application will be heard

The Court will only strike out under its own motion in certain circumstances, if you are raising an allegation of abuse of process, then you will need to have applied

[frass1]

Re: Cohens/CL Finance taking me to court AGAIN. Help!

All very confusing for me, I see now that Godzilla said I should file an App, which I didn't do, so now I have to get N150 in by the 30th Dec. Do they do this deliberately over Christmas, Cohens that is? The amount is over £5k

[pt2537]

Re: Cohens/CL Finance taking me to court AGAIN. Help!

no, Cohens have no say over this,

They sued you, the court now deals with the setting of the time frames etc