** Lost ** Moriarty Law/MMF v lb1989

[lb1989]

And after all that, had a letter from the court today saying the claim has been struck out and hearing vacated. Why did Moriarty even bother with the WS If they didn’t pay the fee. Unless it’s scare tactics thinking I’ll phone up and pay!

[Amethyst]

That is exactly what it is. Hopefully that will be it but does the letter actually say struck out because they haven't paid the hearing fee? The hearing has been vacated so they must be pretty certain, but it could get overturned still as Moriarty COULD apply to set aside that order, if for example they paid the hearing fee but the court haven't logged it properly etc.

I'd be happier with a notice of discontinuance from Moriarty tbh.

You've filed and served the Witness Statement already ? Of course now you shouldn't need to submit it but if things did get started back up.... best to be prepared anyway.

I'd give it a couple weeks ( does the order say 7 or 14 days to apply ? )

[GBExile]

And after all that, had a letter from the court today saying the claim has been struck out and hearing vacated. Why did Moriarty even bother with the WS If they didn’t pay the fee. Unless it’s scare tactics thinking I’ll phone up and pay!

Of course its a scare tactic. They know they have not got the information to secure a judgement with someone arguing the facts with them.

It went exactly the way some thought but you have to continue the fight until the end else you lose by default.

Well done for fighting.

[lb1989]

That is exactly what it is. Hopefully that will be it but does the letter actually say struck out because they haven't paid the hearing fee? The hearing has been vacated so they must be pretty certain, but it could get overturned still as Moriarty COULD apply to set aside that order, if for example they paid the hearing fee but the court haven't logged it properly etc.

I'd be happier with a notice of discontinuance from Moriarty tbh.

You've filed and served the Witness Statement already ? Of course now you shouldn't need to submit it but if things did get started back up.... best to be prepared anyway.

I'd give it a couple weeks ( does the order say 7 or 14 days to apply ? )

I was going to attach a copy of the letter but I ended up redacting more text for the sake of one sentence! The letter says:

I write in regard to the above case to inform you that the claim has been struck out and the hearing vacated for failure to comply with paragraph 5 of the order dated X August 2018

Paragraph 5 was the section around fee payment by 11th September

Also yes, WS have been filed and served

[lb1989]

@Amethyst;

So today in the post, after 4 months of the claim being struck out. I’ve received a letter from the county court to say... the claimant has made an application dated xx Jan without notice to the defendant together with the evidence in support that 1. The claim is re instated. 2. The matter be listed for a small claims hearing in May.

As stated without notice to the defendant, I haven’t seen any of the documentation they’ve provided.

Help please!

[MIKE770]

Amethyst

[Amethyst]

Ok I suspect they will be claiming the hearing fee wasn't paid due to administrative oversight - tricky one for them 4 months after the fact - but we should have a say.... I'll read back through your thread and see where you are a bit later this morning xxx

also slightly bonkers as claim is only sub £500 and the application cost them £255 .....

[pt2537]

Ok I suspect they will be claiming the hearing fee wasn't paid due to administrative oversight - tricky one for them 4 months after the fact - but we should have a say.... I'll read back through your thread and see where you are a bit later this morning xxx

also slightly bonkers as claim is only sub £500 and the application cost them £255 .....

you should be entitled to have a hearing of their application, its not appropriate without notice, they require relief from sanctions per CPR 3.9 and that should be considered by the Court at a hearing in my opinion

[Amethyst]

@Amethyst;

So today in the post, after 4 months of the claim being struck out. I’ve received a letter from the county court to say... the claimant has made an application dated xx Jan without notice to the defendant together with the evidence in support that 1. The claim is re instated. 2. The matter be listed for a small claims hearing in May.

As stated without notice to the defendant, I haven’t seen any of the documentation they’ve provided.

Help please!

Any chance actually you can do a pic of that order please. I'm not sure if the court has dealt with the application and ordered it be reinstated, and set a hearing of the full case, or if they are telling you there has been an application and the hearing is for the application ? I suspect the first ...

[lb1989]

I’ll try and get a pic on soon, in work currently. I think it’s the first thing you’ve mentioned, as the letter does say “it is ordered that... 1. The claim is reinstated”

[lb1989]

See attached for the letter. Thanks.

[Amethyst]

Okay, that is an order saying the court has decided to reinstate the claim on reading their application without any deference to you and listed the case for a hearing. Grrrr, there's no option to apply to vary/set aside the order on there either.

Did you put in your Witness Statement before finding out the claim was struck out?

Can you post a copy of their original WS... also pt2537 - are we entitled to get a copy of the application off the court so we know what it was and why the strike was lifted? or would we have to ask Moriarty that?

[lb1989]

I’ll get pictures of their WS this evening and post up on here. I did submit my WS before the claim was struck out yes (I think I attached it in this thread somewhere)

I assume at the moment that there’s no requirement for a new defence or WS as it isn’t mentioned in this new order from the court.

[Amethyst]

Yes you did, I wasn't sure if you had got it submitted.... I'll review that once you get a pic of theirs up. As I recall there was an issue with how the cost of credit, and amount of credit was actually stated in the agreement.

Ahh yes.

Okay I've read the agreement a couple times and feel like I'm being thick - how were you meant to repay ? It says pay £70 on a certain date but the total payable was £270 and it says the term of the agreement is 18 days. Then it says something about monthly payments. Sorry feeling stupid - what was your understanding of how to repay ? I can't even see how they get to £270 with a £7 and £10 on a £200 loan. The 10 and 7 were deducted from the loan so you'd actually only have received £183 in any case ( I think ) so there's £87 in interest ( doesn't say that on the agreement tho )

[Amethyst]

I assume at the moment that there’s no requirement for a new defence or WS as it isn’t mentioned in this new order from the court.

Nope, not if there isn't a further order/direction.