Anyone know anything about the Civil Procedure Rules 38.7

[righty]

Re: Anyone know anything about the Civil Procedure Rules 38.7

I just contacted the court to ask whether the claimant needed to obtain permission to bring a new claim. They told me that they didn't and that they could re-list the case at any time. The provisions of CPR 38.7 seem quite clear to me, so why doesn't it seem to apply to my case? Any thoughts?

The court staff often mislead people not because they are being difficult but because they aren't legally trained they are just clerks who often think they know the law

[righty]

Re: Anyone know anything about the Civil Procedure Rules 38.7

Having applied to the court, some time ago, to have the matter discontinued they are going to have hard time trying to persuade the court that they have a case.

Also do you have the original judgement to hand if so include it in any pleadings

[Ebony Princess]

Re: Anyone know anything about the Civil Procedure Rules 38.7

Have you had a full statement of how the amount being claimed is made up?

When you say the loan was paid of in 2011 - did you have a redemption statement at that time or just came to the end of the term ?

I had just come to the end of the term which was 5 years. I didn't get a redemption statement when the loan was paid off. When I made my last payment, I asked whether 'that was it' and the lady said yes. I only got a redemption statement when court proceedings began the first time.

[Ebony Princess]

Re: Anyone know anything about the Civil Procedure Rules 38.7

Having applied to the court, some time ago, to have the matter discontinued they are going to have hard time trying to persuade the court that they have a case.

Also do you have the original judgement to hand if so include it in any pleadings

I never received any judgement from the court. The only thing I got was General Order Form (not sure if that is the same thing).

[Amethyst]

Re: Anyone know anything about the Civil Procedure Rules 38.7

Was it a N24 General Form of Order or Judgment ??

or just an order saying the claimants claim was struck out ?

[Ebony Princess]

Re: Anyone know anything about the Civil Procedure Rules 38.7

Yes it was an N24. It had a list of directions that we were supposed to complete. I did what was asked of me but Blemain didn't.

[Amethyst]

Re: Anyone know anything about the Civil Procedure Rules 38.7

Okay and then did you get a further order saying they had been struck out ?

[Ebony Princess]

Re: Anyone know anything about the Civil Procedure Rules 38.7

No, just a letter from the court saying the claim had been withdrawn. That was the last correspondence I had from the court.

[Ebony Princess]

Re: Anyone know anything about the Civil Procedure Rules 38.7

Just a quick update - the case went to court last week and the duty solicitor appointed for tried to argue (not very well) that the Blemain should not have been able to bring the case again and that it was an abuse of process. The solicitor for Blemain said that they vacated the previous hearing in order for negotiations to continue - there were no negotiations just costs piling on and the judge did seem a bit confused about the vacating issue. I am now back to where I started in that I now have to serve a fully pleaded defence again. This has to be done in 2 weeks. Can I use abuse of process in my defence? The CPR 38.7 rules doesn't seem to have helped.

[Amethyst]

Re: Anyone know anything about the Civil Procedure Rules 38.7

If you want to post your original defence we can try help you make sure it gets it sorted this time around.

I filed the defence and then on 15 March 2013 I received a letter from the claimant's solicitors saying that they have been instructed to vacate the court proceedings. I called the court to find out why and they said because an agreement had been reached. No agreement between us has ever been reached. I have had a solicitor look over the loan agreement and she said that according to the terms therein, that I should pay £399.00 which I offered to them and they refused.

Do you have a copy of the loan agreement you can post here?

[Ebony Princess]

Re: Anyone know anything about the Civil Procedure Rules 38.7

Yes, although it's a very bad copy and they refuse to send me a legible one. I will try and scan it on later.

[pt2537]

Re: Anyone know anything about the Civil Procedure Rules 38.7

If you want to post your original defence we can try help you make sure it gets it sorted this time around.



Do you have a copy of the loan agreement you can post here?

im fighting blemain at the minute, we are challenging the default charges for our client and also the irresponsible lending, can you perhaps post the agreement so we can check if its the same terms as the case im dealing with

[Ebony Princess]

Re: Anyone know anything about the Civil Procedure Rules 38.7

I have attached a copy of my loan agreement.

[Ebony Princess]

Re: Anyone know anything about the Civil Procedure Rules 38.7

Has anyone had a chance to look over the loan agreement? I'm still trying to work out what I should put in my defence.

[Amethyst]

Re: Anyone know anything about the Civil Procedure Rules 38.7

I'll nudge [MENTION=551]pt2537[/MENTION] to take a look to see if it is the same as the case he is dealing with.