** DISMISSED ** Ryan v assett collections

[MIKE770]

Have you I included tune for service of the letter. It is not 7 days from the date on the letter.

Also the courts are backed up so it can take a few days from receiving a letter to processing it.

I hope I'm just being a pessimist

to be honest the court being backed up shows how in efficient they are as it is the oldest excuse out, 4 people in court office cannot manage system yet many a clerk with no computers decades ago working on their own clears paperwork of a Regiment within days, makes me sick to hear silly excuses by the court office, who in the case told me things I knew were wrong and that said person issued the items which I had asked for at a later date, same as government departments I will stop there let you get back to your case.

[SHEA]

Right,

I have checked online to see the staus of the claim and it now appears that the claimant has copmlied with the Sanctions Order and DQ has now been filed on the 6 May but I have not recieved anything... Would somebody be able to tell me what is going on... these seem to be making the rules up as they go along or is it that the rules only apply to me... Im baffled

[SHEA]

Can anyone tell me if the Claimant HAS to send me a copy of the DQ as well as filing it with the courts...

Cheers

[Amethyst]

26.3

(1) If a defendant files a defence –

(a) a court officer will –

(i) provisionally decide the track which appears to be most suitable for the claim; and

(ii) serve on each party a notice of proposed allocation; and

(b) the notice of proposed allocation will –

(i) specify any matter to be complied with by the date specified in the notice;

(ii) require the parties to file a completed directions questionnaire and serve copies on all other parties;

(iii) state the address of the court or the court office to which the directions questionnaire must be returned;

(iv) inform the parties how to obtain the directions questionnaire; and

(v) if a case appears suitable for allocation to the fast track or multi-track, require the parties to file proposed directions by the date specified in the notice.

Yes they should, in practice it doesn't always happen and doesn't appear to result in any sanctions. and in your case the order you had doesn't actually order them to serve a copy on the other parties, only file with the court. So it is likely to be okay.

You could ask the claimant ( or the court) if they can send you a copy of the DQ.

[SHEA]

Well the more I look at this its like they can do whatever, whenever they like but I only have to be late or wrong once and the decision goes against me... what a joke...
Thanks for your answer though...

[Amethyst]

Leaway is given both ways, particularly with the courts struggling on a backlog but of course when/if you get to a hearing and you e done everything correctly and on time it can work in your favour, particularly costs wise. I do understand how frustrating it can be.

[MarcusTaylor]

So what was the outcome of this case in the end? I must say, it seems as though it has been dealt with rather well up until this point. Apologies if I'm asking a bit of an obvious question but I'm new!

[Amethyst]

IF the DQ was only filed mid may it may just be waiting for the allocated court to set a hearing date - SHEA ? any news?

[SHEA]

IF the DQ was only filed mid may it may just be waiting for the allocated court to set a hearing date - SHEA ? any news?

Hi,
Its going to court on the 29th of this month...I recieved thier pack with witness statement and documents just now and im reading through them....
They have enclosed a letter saying that they will not be attending the court and have notified the court also.....they also asked me to get in touch to set up a payment plan or recieve a reduced amount if I pay today sort of thing.....
The documents that they have provided as agreements are on Lending Stream headed paper but lack any signatures and are not dated....there are three of these relating to a debt that was rolled over 3 times...

[Amethyst]

Have you done your witness statement ? ( just checking - if not and it's due 14 days before hearing you should still have time to do it and take into account the docus you have received.)

[SHEA]

Have you done your witness statement ? ( just checking - if not and it's due 14 days before hearing you should still have time to do it and take into account the docus you have received.)

Ive not done me witness statement as yet....not sure how to approach it.... any advice would be helpfull or if you can send me some links to previous threads dealing with similiar that would be great thanks
In fact I just checked and got me dates mixed up...Im going to court on the 21st..... I havent done a witness statement and im now within the 14 days...what shall I do
...

[SHEA]

Recieved a letter from the courts today to say that the claim has been dismissed..... I will post a copy at some point
Yhanks for all your guidance on this matter

[MIKE770]

well done

[Amethyst]

Nice one well done - what happened between the 8th and now ? the hearing was the 21st wasn't it?? look forward to seeing the copy xxx

[SHEA]

Ok...
I missed the date to send in all my evidence such as registered post reciepts and everything I had to do with this matter while the claimant sent me a bundle of documents that they wished the case to be judged on in their abscence...although it all looked very professional I did notice that none of the stuff I requested at the very beginning was in there and nothing pertaining to the particulars of the case.. I had resigned myself to having to pay... I didnt think it was worthwile me attending the court because of that and was in a bit of a slump so you can imagine my suprise and delight when this landed …

COURTSLETTER.jpg


Thanks again for your guidance on this matter...the system seems to be set up so that you fail and they get a judgement by default and in my case without any proof..had I not met any of the deadlines I would now have a judgement against me that as it turns out would be wrong without any of their fraudulent claims being heard... I think its an abuse of the courts system by these scumbag companies but if you see the procedure through then it can be worthwhile
Dont let them away with it is what I say...