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URGENT can i appeal against the award of costs in a county court case?
Hi all this is kinda urgent,
my wife has been in dispute with Santander cards for four years over a store card that they permitted an insurance company to debit 'personal accident cover' premiums from without her permission.
santander cards ignoring her earlier letters of complaint, sent in debt collectors and eventually took her to court. she put in a counter claim which only left about £150 outstanding and offered to pay this.
Santander withdrew from the case and did nothing for about 18 months. Then they started with the debt collectors again. she explained that with the passage of time and the un resloved outstanding counter claim
and the accumulation of statutory interest she no longer owed santander anything in fact they now owed my wife money and the amount was increasing at the rate of 46p per day!
Santander went quiet again then in feb last year we were informed that they had sold the 'debt' (in fact a credit) to Arrow global management ltd. She wrote to the agent pointing out that Santander actually owed my wife money not the other way round they promised to investigate. they investigated & totally ignoring any complaint my wife had with them, restarted debt collectors.
in Feburary this year we had had enough of this and completed an online money claim against them only to find I had missed out the word Management from the defendents name. Arrow Global Ltd is a different company operating in the same market from the same address presumable with the same solicitors working for them.
we received the letter informing us that the claim had been made, and then that the claim had been passsed to our local court, but nothing else, we were expecting some kind of instruction of what the next step would be but received nothing.
after three months we receive a copy of an application to strike out our claim on the grounds that the claim was made against the wrong defendant. we wrote to the court more than a week before this hearing stating that we appologized for missing out the word 'management' in the claim particulars but thought that this was a very minor point as the correct company was at the same address and part of the same group. we also stated that if the case details could not be ammended then we would restart the case with the correct name. (£35.00 extra) .
the hearing was on monday 7th july my wife did not attend as we had sent our letter explaining our side, tonight when we get home from work & on the mat is a judgement from the court,
it states that " UPON heraring Counsel for the claiment (my wife didn't have counsel there) and the non attendance of the defendent (we presume they were there but...)"
"Upon it appearing that neirther Arrow Global LTD nor Arrow global Management ltd is the appropriate defendant and upon the the court finding that the particulars of the claim disclose no cause of action against this defendent;
It is ordered that
the claim is struck out
claimant pays the defendants costs summarily assessed in the sum of £250 by 4pm 21st july.......... thats just four days!!!!!
it seems the court has got this upside down completly,
my questions;
can i appeal against the order for costs and ( we are going away on holiday on tuesday!!!)
can i point out that the judgement is incorrect in that th arrow global management is the correct defendant.
please guys i have one day (friday) to do something with this!
my wife has been in dispute with Santander cards for four years over a store card that they permitted an insurance company to debit 'personal accident cover' premiums from without her permission.
santander cards ignoring her earlier letters of complaint, sent in debt collectors and eventually took her to court. she put in a counter claim which only left about £150 outstanding and offered to pay this.
Santander withdrew from the case and did nothing for about 18 months. Then they started with the debt collectors again. she explained that with the passage of time and the un resloved outstanding counter claim
and the accumulation of statutory interest she no longer owed santander anything in fact they now owed my wife money and the amount was increasing at the rate of 46p per day!
Santander went quiet again then in feb last year we were informed that they had sold the 'debt' (in fact a credit) to Arrow global management ltd. She wrote to the agent pointing out that Santander actually owed my wife money not the other way round they promised to investigate. they investigated & totally ignoring any complaint my wife had with them, restarted debt collectors.
in Feburary this year we had had enough of this and completed an online money claim against them only to find I had missed out the word Management from the defendents name. Arrow Global Ltd is a different company operating in the same market from the same address presumable with the same solicitors working for them.
we received the letter informing us that the claim had been made, and then that the claim had been passsed to our local court, but nothing else, we were expecting some kind of instruction of what the next step would be but received nothing.
after three months we receive a copy of an application to strike out our claim on the grounds that the claim was made against the wrong defendant. we wrote to the court more than a week before this hearing stating that we appologized for missing out the word 'management' in the claim particulars but thought that this was a very minor point as the correct company was at the same address and part of the same group. we also stated that if the case details could not be ammended then we would restart the case with the correct name. (£35.00 extra) .
the hearing was on monday 7th july my wife did not attend as we had sent our letter explaining our side, tonight when we get home from work & on the mat is a judgement from the court,
it states that " UPON heraring Counsel for the claiment (my wife didn't have counsel there) and the non attendance of the defendent (we presume they were there but...)"
"Upon it appearing that neirther Arrow Global LTD nor Arrow global Management ltd is the appropriate defendant and upon the the court finding that the particulars of the claim disclose no cause of action against this defendent;
It is ordered that
the claim is struck out
claimant pays the defendants costs summarily assessed in the sum of £250 by 4pm 21st july.......... thats just four days!!!!!
it seems the court has got this upside down completly,
my questions;
can i appeal against the order for costs and ( we are going away on holiday on tuesday!!!)
can i point out that the judgement is incorrect in that th arrow global management is the correct defendant.
please guys i have one day (friday) to do something with this!
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