Phoenix -v- Platform

[Amethyst]

Re: Phoenix -v- Platform

hows that sound ??

[thephoenix]

Re: Phoenix -v- Platform

wow, thanx. yeah sounds good to me.
you want me to explain, i don't want the cpr 3.8 order to prejudice any of the other requested cpr rules.
clear as mud...yes, murky, dirty rat infest sewer mud. he he he

[Amethyst]

Re: Phoenix -v- Platform

pmsl sounds like it - any reason as to why 3.8 might prejudice other cpr's ??

[Amethyst]

Re: Phoenix -v- Platform

Oh looks great btw and the AQ text is good - obviously worked

[thephoenix]

Re: Phoenix -v- Platform

We Mr & Mrs phoenix (WAS THE CLAIM MADE IN BOTH NAMES ORIGINALLY?...YES) intend to apply for an order, that the defence be struck out pursuant to Civil Procedure Rule 3.4(2)(a) and 3.4(2)(c) and the claimants respectfully bring to the courts attention, Civil Procedure Rule 3.8 (3)(b).

How does that sound?

[thephoenix]

Re: Phoenix -v- Platform

pmsl sounds like it - any reason as to why 3.8 might prejudice other cpr's ??

NO.

[thephoenix]

Re: Phoenix -v- Platform

Form complete, DJ Atkinsons order scanned, copied and ready to go.

many thanks Ame, your a diamond. Let see what transpires shall we.

:bud::thankyou:


one more question, should i send a copy to the defendants ?

[Amethyst]

Re: Phoenix -v- Platform

Yes - just with a short covering letter please find enclosed for your information - and your claim ref number.

Only polite

Then sit back and wait.....

no problems.:okay:

[thephoenix]

Re: Phoenix -v- Platform

All done and dusted.

Again....thank you

[thephoenix]

Re: Phoenix -v- Platform

Dam platform....had my N244 application pursuant to CPR 3.4 & 3.8 returned today. Didn't realise I had to pay for the privilege of platforms abuse of process.

Can't send back until Friday now due to lack of dollar. I do hope the judge act's on his own directions and slings out the defence. :okay:

[Amethyst]

Re: Phoenix -v- Platform

aye they're swines.... £65 for a hearing to strike them out, £35 for the judge to make his own mind up... and all non claimable backable.... :argh:

[thephoenix]

Re: Phoenix -v- Platform

Yeah.... £35 for me yet I did pose the question regarding the refund of the £35. They tell me it gets added to the claim.

I don't know, never had to do an N244

[thephoenix]

Re: Phoenix -v- Platform

as you know, i had my N244 returned due to no £35 sent, so was gonna send back with fee today. I send drydens a copy of application but I doubt they know it was returned to me.

got a threatening letter from Drydens today:

"If you intend to pursue this application then we put you on notice that we will most vigorously oppose any such order and will seek our clients costs from you due to your unreasonable behavior. In this regard, we reserve the right to produce this letter to the court on the question of costs."

they originally wanted this fast track and with estimated costs of £3000. I argued that using ' unfair indemnity clause in contract', seems the judge agreed and threw it out as there has been no mention of the counterclaim since their draft direction.

what do reckon I should do now? continue with N244 application? call their bluff on the risk of £3000 costs?
this is for penalty charges on a mortgage account.

[Amethyst]

Re: Phoenix -v- Platform

Yes continue with the N244. They havent been allocated fast track have they ? They havent filed documents in time, nor sought relief from sanctions.

SO you are in the right completely and they are just threatening you.

Maybe give the court a buzz and check the situ with the counterclaim.

[Amethyst]

Re: Phoenix -v- Platform

(d) result from any payment or discharge in respect of the Secured Amounts (whether made by you or a third
person) being challenged or declared void for any reason whatsoever.



is that the bit they're relying on for the counterclaim ? cant see another bit that fits in the indemnity clause.



oh yes spent couple hours at stoopid o clock looking at your welcome agreements (the no nails worked )...Jules is out for most of the day but will post teatime.