Court hearing imminent

[Diana M]

Re: Court hearing imminent

They have sent a cobbled together account history where they claim I made a payment in July 2010, hence I think a 'mistake' has been made with the date on the cca. The account history does not show where it came from

Have they provided a copy Statement or is the 'payment' an entry on the transaction log? Does it say something like "payment received" or does it just show as a credit which could be a reversed entry such as a bounced Direct Debit or interest refund etc?

If your last payment according to them was July 2010, what was the claim Issue Date?

It really is useful to know the name of the original creditor and the Claimant please. That helps to focus on any known shortcomings.

Di

[sam17]

Re: Court hearing imminent

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[sam17]

Re: Court hearing imminent

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[sam17]

Re: Court hearing imminent

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[sam17]

Re: Court hearing imminent

Just an update (sorry for removing my posts above, but I was advised to).. the claimant has discontinued their claim. The case was due to be heard in 3-weeks time. No explanation, just a letter, claim discontinued before district judge blah at blah court...This letter has been sent to all parties etc..blah.

I was 99% certain I would win but find it strange they would discontinue so early before the hearing, I did expect 'reduced offers of payment' first.

The claimants original statement sent to court was that I signed an original cca and my defence be struck out...anyhow that did not happen, the claimant was quite adamant the cca was original, yet it was quite obvious it was not. So for that reason alone I expect they decided to drop the case.
I am a bit miffed they tried to hoodwink the judge into believing the cca was original when it clearly was not (maybe not to the judge at first glance) anyhow all's well that ends well...just a heads up to watch out for dodgy tactics

[ostell]

Re: Court hearing imminent

I have a feeling that if they discontinue when all the paperwork had been exchanged then you clain for the costs incurred in defending the aborted claim. Anyone?

[nemesis45]

Re: Court hearing imminent

Just an update (sorry for removing my posts above, but I was advised to).. the claimant has discontinued their claim. The case was due to be heard in 3-weeks time. No explanation, just a letter, claim discontinued before district judge blah at blah court...This letter has been sent to all parties etc..blah.

I was 99% certain I would win but find it strange they would discontinue so early before the hearing, I did expect 'reduced offers of payment' first.

The claimants original statement sent to court was that I signed an original cca and my defence be struck out...anyhow that did not happen, the claimant was quite adamant the cca was original, yet it was quite obvious it was not. So for that reason alone I expect they decided to drop the case.
I am a bit miffed they tried to hoodwink the judge into believing the cca was original when it clearly was not (maybe not to the judge at first glance) anyhow all's well that ends well...just a heads up to watch out for dodgy tactics

I suspect the claimant has weighed up the costs of continuing against their chance of success. The judge has not agreed with them.

Good News!!

nem

[sam17]

Re: Court hearing imminent

I would like to hurt them, they basically lied. Tried to trick me into paying what I do not owe them and more to the point trying to trick a judge into believing paperwork was legit. I knew straight away the paperwork was not what it seemed, my initial concern was how could I prove to a judge the paperwork was dodgy. Not to mention, unbeknown to me I have had a poor credit score for the past 7 years due to them

[Diana M]

Re: Court hearing imminent

No explanation, just a letter, claim discontinued before district judge blah at blah court...This letter has been sent to all parties etc..blah.

I was 99% certain I would win but find it strange they would discontinue so early before the hearing

This is good news for you

Can you explain how it all ended. You say you had a letter which said "claim discontinued before District Judge . . . " which is unusual because DJs don't order Discontinuances. Could the claim have been struck out for their non compliance with the Order to disclose the DN by 10th October and you said that they didn't do that?

This is the letter from the court (which arrived before the plaintiffs response to my request, the plaintiff responded 1 day later, so it is safe to assume the plaintiff had not got this letter at the time of writing to me)
General Form of Judgement or Order
Before District Judge… sitting at the ……
Upon referral to the District Judge
IT IS ORDERED THAT
1, The claimant shall by 4pm 10 October file at the court and send to the defendant a copy of the credit agreement with ……bank or if no longer available a reconstituted copy and a copy of the default notice served and the account history.
2, Upon receipt of the documents the defendant shall by 4pm 24 October send to the court and the claimant an amended defence.

Then I'm guessing you filed your Amended Defence as Ordered by 24th October so maybe there was something you said in that which made them run for the hills.

It's hard to follow the history of your claim because you have deleted so many posts on this thread. Nevertheless it appears to have a Happy Ending

Di

[monoko]

Re: Court hearing imminent

Oh, please do not delete posts!
This thread then offers not much help to other users as the story is not possible to follow.
Not having a go, but you got (free) help from this very forum with your case then you turned your thread to be no use for others in similar situation...
Good news for you, nonetheless!

[nemesis45]

Re: Court hearing imminent

I would like to hurt them, they basically lied. Tried to trick me into paying what I do not owe them and more to the point trying to trick a judge into believing paperwork was legit. I knew straight away the paperwork was not what it seemed, my initial concern was how could I prove to a judge the paperwork was dodgy. Not to mention, unbeknown to me I have had a poor credit score for the past 7 years due to them

Sam who advised you to remove your posts?

nem

[sam17]

Re: Court hearing imminent

The letter says:
We refer to the above matter and the upcoming hearing’
Please find enclosed by way of filing Notice ofDiscontinuance, a copy of which having today has been filed at the court.
The attached note:
Notice of Discontinuance
The claimant
Tick one box
X discontinuance all of this claim
Against the defendant (………..enter name of judge) grantedpermission for the claimant to discontinue all of this claim by order dated…….)
I certify that I have served a copy of notice on every otherparty to the proceedings

Signed …..(claimants solicitor)
………………………
I was advised to remove any posts I made by my (free) legaladvisor, whom helped with ‘a what to do next’. She didn’t actually act on mybehalf through the court or the claimant but merely advised without actuallygetting formally involved.


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[MIKE770]

Re: Court hearing imminent

well done ring the court in 5 days to confirm they know