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

[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?

[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.

[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?

[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

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

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

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

[mystery1]

Re: Need help with a court claim please

Nice one. You get costs ?

M1

[EXC]

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

Congrats.

[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?

[mystery1]

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

I'd have gone for copying costs etc as clearly the claimant was unreasonable. Cpr 27.14 1 (g).

Still as you say a win is the main thing and it's a huge relief.

It should be the end of it but they may try various things to collect the money such as sending letters or even starting another claim. Letters i'd ignore court claims they'll need permission to bring and if they don't get it any action is an abuse of process.

M1

[mysticphoenix666]

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

Would statute barred not come into play now if they try and make another claim

[mystery1]

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

If it's been over the time without acknowledgement then it would be statute barred as well as res judicata. Bit like belt and braces

M1

[mysticphoenix666]

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

Well the only acknowledgement would be the court case other than that nothing.

what does res judicata mean lol

[mystery1]

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

Click on the link

Also

• "The rule in Henderson v. Henderson (1843) 3 Hare 100 is very well known. It requires the parties, when a matter becomes the subject of litigation between them in a court of competent jurisdiction, to bring their whole case before the court so that all aspects of it may be finally decided (subject, of course, to any appeal) once and for all. In the absence of special circumstances, the parties cannot return to the court to advance arguments, claims or defences which they could have put forward for decision on the first occasion but failed to raise. The rule is not based on the doctrine of res judicata in a narrow sense, nor even on any strict doctrine of issue or cause of action estoppel. It is a rule of public policy based on the desirability, in the general interest as well as that of the parties themselves, that litigation should not drag on for ever and that a defendant should not be oppressed by successive suits when one would do. That is the abuse at which the rule is directed."

If you really want to research it http://www.publications.parliament.u.../johnso-2.html

M1