Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

[pt2537]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

:tinysmile_cry_t::tinysmile_cry_t: They were given a 60 day extension , copy coming soon

not surprised to be honest, I know its not a good thing in the present climate to be a LiP but ive gotta say this case really does need a strike out app,

The fact they have 60 days highlights the fact that had a strike out been lodged I doubt they would have got 60 days at all

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

[Don Quixote]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

:tinysmile_cry_t::tinysmile_cry_t: They were given a 60 day extension , copy coming soon

What on earth did you expect if you chose not to oppose? You have given them some leeway.

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

I was only going off the advice on here

[Amethyst]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

To be fair the court has dealt with their application very quickly (is was made on the 9th March) there has hardly been time to oppose it.

Not everyone has £155 hanging about the place for applications.

[pt2537]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

To be fair the court has dealt with their application very quickly and not given time to oppose.

if this case was a puppy, you would put it to sleep. Its screaming strike me out.

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

So are we back to this.or ??

Okay, mine's a bit crap too, so ignore for now It needs some mitchell sanctions bits adding in... and wait for Don Quixote to have a look at it tmw too, I might give @mystery1 a nudge to have a look as he likes relief from sanctions issues lol.



IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

XXXXXXXXXX

Claimant

- and –

Defendant

XXXXXXXXXX

_________________________________

WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________

I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX being the Defendant will state as follows;

1: I make this statement in opposition of the claimants application dated xxxxxxxxxxxxxxxxxxx for relief from sanctions (can you say it like that?)

2: I am a litigant in person in this case.

2: On 24th February 2015 District Judge Stephenson sitting at the County Court at Scunthorpe ordered [EXHIBIT A] that the Claimant files and services full particulars of the claim XXXXXX by 11 March 2014 (provided this claim exists) this claim be struck out.

3: The Claimant has failed to comply with this Order.

4: District Judge Stephenson also ordered that the Claimant file and serve a copy of the original credit agreement, a copy notice of assignment and a breakdown of the sum of £12,492.97 to include dates of sums involved and interest calculations, by 18th March 2015.

5. The Claimant set the timescales in this case by bringing the claim. The Claimant's statement of case relies on documents of which it has not had sight of before commencing court action.

6: I have previously given the Claimant evidence that the matter at hand is being dealt with under a different claim, Claim XXXXXX. [EXHIBIT B] The Claimant responded that ''Unfortunately we cannot accept letters from Solicitors as evidence of the status of a claim'' I have spoken to the Court and they have confirmed the case is on hold.

7: The previous Claim XXXXX was bought by the original creditor, Yorkshire Bank Plc, through Jeremy Sutcliffe solicitors. The claim is currently stayed at Northampton County Court Business Centre due to the Claimant in that case failing to provide any copies of documents in the case.

8: On xx/xx/xxxx I received a letter from the Claimant [EXHIBIT C] stating that they cannot supply me with a copy of the original credit agreement and that the account is unenforceable under s.78 of the Consumer Credit Act 1974 and as such the account will be placed on hold and they would not be seeking judgment against me.

9. I respectfully request the court refuse permission for the Claimant to delay the proceedings further and proceed with striking out the claim.

Statement of Truth

I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated:

[Don Quixote]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

To be fair the court has dealt with their application very quickly (is was made on the 9th March) there has hardly been time to oppose it.

Not everyone has £155 hanging about the place for applications.

It could have been opposed with just a witness statement though!

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

Can it still be opposed with a witness statement ?? , what's the recommended course of action now .

[Don Quixote]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

Need to look at the timescales – when did you actually receive the copy of the application? As Amethyst says, the court has granted the application a bit sharpish – a bit too sharp for me! – you should have seven days to oppose, I think, so if you received it on the 10th, I don’t see why you shouldn’t oppose with a WS up until tomorrow. Note that although the order was issued on the 13th, it was made on the 11th! There’s no way you had time to oppose anyway, so such a fast order is a little unfair, IMO.

My opinion remains that you should oppose, otherwise, the claimant could argue you did not oppose because you felt their request was reasonable and did not prejudice you. That’s what I mean by giving them leeway – they have a chance to get their ducks in a line. Don’t assume, especially as an LiP, that a judge would reject their claim on abuse-of-process grounds – just as a non-clued-up judge might allow a recon as an agreement. When you don’t have a savvy brief to represent you in court, I’m afraid judges tend to favour the arguments of a claimant’s solicitor or brief. I still believe they could engineer the withdrawal of the earlier (non-judged) claim, and hoodwink the judge into agreeing there was now no prejudice to you. I have seen worse things happen to an LiP.

Could you afford the cost of an N244 to strike out?

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

I recieved the order on Monday the 9th late in the afternoon .
I can pay for a n244 , but would be on Friday when I'm paid again .

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

So do I send a WS or submit a N244 ??

[Don Quixote]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

Again, I’d like others to comment, but my concern is that as an order has been issued, even if far too quickly by the court, you may have to actually apply to have it set aside first.

Let me do some digging.

This is why I’m always keen to act fast and take the fight to the oppo when there are clear issues and they are trying it on!

[Don Quixote]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

If you do need to apply to have the order set aside, you might as well go the whole hog and apply for a strike out. You can do either/ors on a single application, for example putting three scenarios one after the other.

I would also strongly recommend using a solicitor to draft your N244 if applying for strike out. There would be costs involved in an N244 and instructing a solicitor, but there’s £12k at stake – get some quotes and find out how strong your case really is.

Most of us here are amateurs, not pros, but I don’t think sitting back and letting their solicitors decide what happens is the best route. Clearly they will apply for orders that suit them! Obviously there are potential costs involved here, and I know that can be an issue – but that’s a choice for you to weigh up. You should be able to get some free initial advice.

I’d hate to see the oppo pull a flanker on you, and you get lumbered with a judgment. I have seen it before, more than once, in cases like yours, sad to say, twice where the claimant was the same in both cases! As the initial cases hadn’t been finalised, the judges claimed there was no prejudice – possibly/probably wrong, but as LiPs against counsel in each case, it got messy and the costs racked up. This is fast track, so costs are a real concern.

So be sure of what you get into here.

Just my views – hopefully others can comment. But given at how surprised you seemed that they got the order through – as they always would if unopposed – you really need to make some tough decisions on your way forward.

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

Thanks don , I have sent a pm to amethyst