CLAIM STRUCK OUT !!!! Need help with a court claim please

[mysticphoenix666]

Re: CLAIM STRUCK OUT !!!! Need help with a court claim please

He would of awarded me upto £90 for loss of earnings and travel but im on benefits so havent lost anything and got student bus ticket so never bothered.

Im just glad its finally over.

It is over now isn't it with it being struck out?

[EXC]

Re: CLAIM STRUCK OUT !!!! Need help with a court claim please

Congrats.

[mystery1]

Re: Need help with a court claim please

Nice one. You get costs ?

M1

[Amethyst]

Re: Need help with a court claim please

FANTASTIC ! well done you They didn't have any case at all which is more likely why they didn't bother turning up, more likely hoped you wouldn't either.

CONGRATS

[mysticphoenix666]

Re: Need help with a court claim please

Just an update

I was in and out in 2 minutes, they hadn't sent any doc's to court for their defence, it would seem they thought they had a steel strong case that justified not turning up.

Case struck out by the judge

[Amethyst]

Re: Need help with a court claim please

Okay good, you should be in quite a strong position then. Later, just because I'm interested, could you post a copy of their response to your defence please, particularly interested in their defence over disallowing you to make payments by alternative methods than DD from HSBC account and the unfair relationship. If the Judge allows them to get away with the CPR failings in supplying the documents and info ordered then you'll most likely be arguing the unfair relationship - as it was simply their fault the loan ended up defaulting without any terms being in their contract allowing them to behave as they did, specifically after the FOS decision.

Good luck today, please let us know how you get on.

[mysticphoenix666]

Re: Need help with a court claim please

I have had the court date since beginning April received after returning aq and case being transferred. I assume it is to decide outcome.

Nothing much has happened in between, I have still not had compliance with s77 request nor have I had full compliance with CPR. They have had to directions from court one to respond to my defence (which has not been altered was sent as it was except for an addition regarding no default notice being served) which they replied late, and then another to respond to point 5 of defence which they had to do by the 16th April, they phoned me to discuss it on the 17th so I can only assume they have not responded to the court on time.

My witness statements and all exhibits have been submitted to the court but I have not received anything from the claimants other than emails as in my last post.

[Amethyst]

Re: Need help with a court claim please

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------


IN THE NORTHAMPTON (CCMCC) COUNTY COURT

Claim No. XXXXXX

BETWEEN:-

MKDP

-and-

MYSTICPHOENIX

----------------------------------------------

DEFENCE
-----------------------------------------

1. Save for allegations which are expressly admitted or not admitted, each and every allegation in the Particulars of Claim is denied.
2. The Defendant is MysticPhoenix of xxxxxxxxxxx address xxxxxxxxxxxxxxxxxx, a customer of HSBC Bank Plc.
3. The Defendant holds a current account at HSBC Bank opened in or around 1985 (when known as Midland Bank)
4. The Defendant applied for a fixed sum loan with HSBC Bank in XXX 2007 for the sum of £8500, repayable over 60 months. The Defendants loan account number was XXXXXXXX
5. Payment Protection Insurance (“PPI”) premium of £2050 was added to the loan. The Defendant contends that the Payment Protection Insurance policy was missold.
6. The Agreement did not contain any terms requiring the instalment payments to be made from a specific banking account or payment to be made by a specific method. However HSBC refused to allow payments to be made by any alternative method to a Direct Debit from the Defendants HSBC Current Account and this forced the loan to go unpaid for a number of months (further detailed in Witness Statement Exhibit A)
7. On XXXXXXXXXXXX The Financial Ombudsman upheld a complaint made by the Defendant and requested HSBC cancel the direct debit on the Defendants HSBC current account and a new direct debit was set up to take the loan payments from the Defendants alternative account held at Barclays Bank Plc.
8. The loan was paid via Direct Debit from the Defendants Barclays Bank Plc current account for X months, however during that time the Defendant received a number of letters requesting payment ..............................
9. On xxxxxxxxxxx HSBC reverted the Direct Debit to the Defendants HSBC current account without giving any notification to the Defendant. Payments subsequently were returned unpaid.
10. The Defendant alleges there was an unfair relationship by virtue of section 140a of the Consumer Credit Act 1974.

I believe that the facts stated in this defence are true

Signed ________________________ Dated --------------------------
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did you make many amendments to this before submitting? so the judge picked up on point 5 about PPI?

[Amethyst]

Re: Need help with a court claim please

how long have you known the court date? what is the hearing for?

could you fill us in on what's happened since returning the directions questionnaire a bit more.

have you submitted any witness statement / had one from the claimants?

if you lose normally you'd have a period to sort out an agreed offer of payment and lodge the agreement with the court, but worth taking your dmp info with you and your income/expenditure sheet in case.

[mysticphoenix666]

Re: Need help with a court claim please

Ok just an update, I am in court today at 11:30 not quite sure what will happen or how it will go.

Everything they have been requested to do they have been late doing, they have sent me numerous emails regarding number 5 on my defence asking if I would agree to a Tomlin order if they deducted ppi amount as the judge ordered them to respond to point 5 (although they contacted me after the deadline he gave).

My only question is as I already have a debt plan in place, if I lose can they make me pay more than I pay to my other creditors which at this moment in time is a token payment of £1 each due to being on benefits?

[mysticphoenix666]

Re: Need help with a court claim please

yes it would appear they want to go ahead.

So i have the form filled in ready to send first thing tomorrow, do i need to send a copy to the claimant?

also will i need to do anything else in preperation for the hearing or is it soley on the defence i have sent?

thanks

[Amethyst]

Re: Need help with a court claim please

Once you have returned the AQ you should receive a court date or further orders from the court. Presumably then the claimant has indicated they want to go ahead.

[mysticphoenix666]

Re: Need help with a court claim please

Ok so I have received an allocation questionnaire today from Northampton to fill in and send back by the 24th Feb. (So they obviously responded)

What are the next steps after I have returned this to the court?

Thanks

[mysticphoenix666]

Re: Need help with a court claim please

Hi

Well i have not heard anything from either the court or the claimant and it should of been stayed as of the 2nd Feb (need to phone the court to confirm).

So what do i do now, do i just leave it or ask the court to strike it out.

[littlebert8]

Re: Need help with a court claim please

It will be stayed until either party applies to lift the stay or the claimant discontinues. I had one where the claimant left it three years before eventually discontinuing, but not until trying to bully me into a settlement. I have another claim that is still stayed for over three years.

You could apply to have the stay lifted and the claim struck out, but you would need a very strong arguement.

Hi,

well they only have another 12 days to reply to my defence before the court stays the claim.

what will happen if they do not respond and it gets stayed as the court clerk said when i phoned that they have to pay a fee and apply to have it lifted (which i can't see them doing or they would just of replied)