CLAIM IN COURT FROM IDR/LINK

[PlanB]

Re: CLAIM IN COURT FROM IDR/LINK

Thanks so much for your offer - how do I email? Is there a button here somewhere I'm missing?

Send your email to Never-In-Doubt using webmaster@all-about-debt.co.uk .

It's perfectly secure so no need to blank out anything on your Claim Form (N1). Just the first page will be enough (unless this was personal service so the Particulars of Claim were served separately in the post).

Let's see what needs to be done to help.

Di

[PlanB]

Re: CLAIM IN COURT FROM IDR/LINK

Ok, found the private message button. Baby steps, hey.

Progress !

Di

[nanna58]

Re: CLAIM IN COURT FROM IDR/LINK

Baby steps indeed well done,and you have PlanB on side ,you couldn't be in better hands .Wishing you good luck xx

[Worriedme]

Re: CLAIM IN COURT FROM IDR/LINK

Here's what happened: I've been asking for roughly 3 years for documents to support their claim; they've been ignoring me. They bought an action against me in July 2016. I issued s.77-78 and CPR 14, and got some things back, but not everything, and none of which they brought into court as evidence. I defended that they didn't have a properly signed contract, (I was expecting wet signature thing) and that the terms and conditions they had provided me was actually two different copies of terms and conditions.

The action was stayed. I realise now this was probably because of the CPR 14, but I thought it had all gone away. It took them until October to reply. In December they started threatening court action again. I applied to have it struck out. A Barrister turned up with the data download from Barclaycard, and the judge very sweetly said he couldn't strike it out, but referred it, despite being over £10k to the small claims court which he said would be better for me.

The hearing has been listed for 28 April; the solicitors for the debt collectors served me yesterday with a further witness statement attached to which is an instrument of assignment. So I think, perhaps, they have everything they need. I need to lodge my witness statement by 30 March. I'd like to talk about their reluctance to hand over documents and the effect it's had on the debt, and on my time and sanity, having to deal with all this rubbish.

I have been working through my debts and settling them, as and when I can. If the debt collectors had engaged in any meaningful way at all this may not have gone to court. I feel they left it for 3 years in order for the interest to boost it over the £10k mark.

Separately, their documentation? The two copies of terms and conditions are different, and have different interest rates. I'd like to ask, on the balance of probability, which one should the debt have been subject to?

[nanna58]

Re: CLAIM IN COURT FROM IDR/LINK

Yes.

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Sorry to offend, but solicitors... their time is valuable. I should not have assumed.

You will not offend on here same as no question is daft if you're unsure ask away we will do our best to answer.x

[nanna58]

Re: CLAIM IN COURT FROM IDR/LINK

Someone will be along later hang on xx

[Pixie]

Re: CLAIM IN COURT FROM IDR/LINK

You're in good hands with Niddy and PlanB who have far more legal knowledge than I have but I didn't want to read and run last night.

[PlanB]

Re: CLAIM IN COURT FROM IDR/LINK

The action was stayed. I realise now this was probably because of the CPR 14, but I thought it had all gone away. It took them until October to reply. In December they started threatening court action again. I applied to have it struck out. A Barrister turned up with the data download from Barclaycard, and the judge very sweetly said he couldn't strike it out, but referred it, despite being over £10k to the small claims court which he said would be better for me.

I don't know the basis of your strike-out application but I'm guessing from what you've said it was due to the Claimant's failure to disclose all the documents you requested under CPR 31.14.

Or was it to challenge the 'quality' of the documents which they did disclose?

It seems the Claimant's barrister turned up with some paperwork (did they serve that on you before the hearing or was it a surprise?). It then appears the DJ may have taken the view that they had complied-ish with your CPR Request by producing 'something' but it wasn't his job (on that day) to decide whether that 'something' was enforceable in court hence he didn't strike out their claim and decided that it should go to a full hearing.

Unless I've misunderstood (it happens ) the DJ didn't rule that the agreement was enforceable, he's left that decision to another DJ (unless he's reserved the case to himself). He basically kicked it into the long grass.

He probably allocated it to the Small Claims Track to protect you from the other side's legal costs if you lose. That's a good thing. The not so good thing is you lose the opportunity to delve deeper into the evidence because Fast Track claims have enhanced Disclosure/Discovery unlike the Small Claims Court. You also can't claim your legal costs if you win in the Small Claims Court unless the other side's conduct has been unreasonable. There are pros and cons to both.

How much is the claim?

Di

[Worriedme]

Re: CLAIM IN COURT FROM IDR/LINK

It's for £10330.

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Plus 8 months interest at £1.82 per day.

[Worriedme]

Re: CLAIM IN COURT FROM IDR/LINK

My application to strike out was on the basis that they didn't have the required documents to support, and to the quality of the documents that had turned up in discovery.

[PlanB]

Re: CLAIM IN COURT FROM IDR/LINK

Plus 8 months interest at £1.82 per day.

From when the claim was issued over 2 years ago?

Di

[Worriedme]

Re: CLAIM IN COURT FROM IDR/LINK

The barrister's documents turned up on Saturday morning, and I was in court on Monday morning.

[Worriedme]

Re: CLAIM IN COURT FROM IDR/LINK

No, the claim was issued July last year. The interest, I think, runs from then until judgment.

[PlanB]

Re: CLAIM IN COURT FROM IDR/LINK

My application to strike out was on the basis that they didn't have the required documents to support, and to the quality of the documents that had turned up in discovery.

Do you mean you got as far as Discovery (Fast Track)?

So was your application a Summary Judgment application which explains why there was a WS filed by the Claimant?

I thought you said in your first post that the claim had been stayed since you filed your Defence.

I think it would be helpful if you posted a timeline of events in chronological order otherwise this is all boxing in the dark

Di

[Worriedme]

Re: CLAIM IN COURT FROM IDR/LINK

No, I'm sorry; I may have used the wrong word. I meant the s.77-78 and the CPR.... erm thingy.