Claim Struck Out - Now Being Re-issued

[josh]

Creation consumer - agreement 2006, terminated and taken to court, they failed 3 times to follows practice directions, claim was struck out for unreasonable behaviour and we were awarded costs against them for this, in 2008,

they have now issued a ned DN and termination and they have written today to again confirm that we owe money on the agreement, they are requesting repayment proposals, they also have stated as there was no formal decision on the account, they will re-issue the claim, they do not consider this as abuse of process.

they will be writing back to confirm in the near future via court ---- CAN THEY DO THIS - DEFECTIVE DN ON WHICH ACC WAS TERMINATED - THEN FAILED TO FOLLOW COURT ORDERS - STRUCK OUT AND COSTS AWARDED TO US FOR THEIE BEHAVIOUR - NOW THIS THREAT

ALL HELP AAPRECIATED

[pompeyfaith]

Re: Claim Struck Out - Now Being Re-issued

Abuse of process when the N1 arrives just apply for it to be struck out again without a hearing on the grounds above enclosing the judgement you have

[josh]

Re: Claim Struck Out - Now Being Re-issued

Thank you Pompeyfaith - I will and will keep the site updated

[Amethyst]

Re: Claim Struck Out - Now Being Re-issued

I think they may well be allowed to continue - in the interests of justice and so on. Basically they messed up, went back correct the errors and are having another go.

The issue of the new Default and Termination notice is interesting. Do you have all the copies of agreements and so on in the case ?

I agree with Pompey - defend initially on the basis its already been struck out etc but be ready to enter a proper defence to the debt.

[josh]

Re: Claim Struck Out - Now Being Re-issued

God your Joking - they are allowed to??????

I have been through hell with these people -Greenhalghs solicitors, I have all the old orders and letters yes - but are they allowed to go back and correct errors - does estoppel and abuse of process have no bearing ?

How would I defend this - it seems that the legal system is more and more geared to the big guys and the LIP is regarded as a "nobody" by some courts and Judges from what I have seen to date

[Amethyst]

Re: Claim Struck Out - Now Being Re-issued

This will be of interest to you. Claim struck out - claimant trying to re-issue (abuse of process)- then read on

[josh]

Re: Claim Struck Out - Now Being Re-issued

yes thanks - I posted that but received no further assistance from CAG - so you think that it can be defended on this basis?

[basa48]

Re: Claim Struck Out - Now Being Re-issued

yes thanks - I posted that but received no further assistance from CAG - so you think that it can be defended on this basis?

I would be very interested in any advice on this as I have a similar issue. I won a claim by default and now the creditor is threatening action for the same account.

[Amethyst]

Re: Claim Struck Out - Now Being Re-issued

With a default judgment they should really be applying to set aside the judgment against them rather than bring a new claim unless it is on a different cause of action. Different issues on same account would be different cause of action.

[frisp]

Re: Claim Struck Out - Now Being Re-issued

God your Joking - they are allowed to??????

I have been through hell with these people -Greenhalghs solicitors, I have all the old orders and letters yes - but are they allowed to go back and correct errors - does estoppel and abuse of process have no bearing ?

How would I defend this - it seems that the legal system is more and more geared to the big guys and the LIP is regarded as a "nobody" by some courts and Judges from what I have seen to date

CPR 3.9 & 10 may give them the opportunity to go over the process again, all they need is a good arguement for non compliance and the right judge