Hi, I made an application to set aside a judgment on the grounds that there had been serious maladministration by the court service on issuing the original claim which rendered the whole proceedings void from the start. District Judge W issued an order stating that it was totally without merit and an attempt to have a re-hearing of an application that had already been dismissed. The judge failed to provide the date of the alleged previously dismissed application, without which it is impossible to identify the document to which he was referring. It was impossible for him to do so as no such application had ever existed. I wrote to the court under the "slip rule" asking that it provide the date of the alleged applicatiion but there was no response. I then made several more applications, each asking the court to provide the date of the alleged previous application. All were responded to by District Judge W who dismissed them in the same manner as the original application and all without supplying the date. A further application was made, this being seen by Deputy District Judge B who decided that the application did have sufficient merit and set a date for a hearing. However, a week before the hearing was due to take place I recieved a further order from District Judge W, this time vacating the hearing as well as repeating his previous response. Another application was made asking the court to explain why the hearing had been vacated when a different judge had stated there was sufficient merit for the application to be heard. This received the same reply from District Judge W, and was accompanied by a Limited Civil Restraint Order through which I am prevented from making any further applications without the express permission of the judge himself. He obviously had time to draft the Restraint Order but not enough to provide a simple date. Does anyone have any thoughts as to how I may get District Judge W to either provide the date of the alleged application or to admit that it never existed? Thanks Stan

Thanks for the replies. I have received a letter from the court admitting that it it does occasionally happen that a form is missing, albeit rarely, and it has apologised. However, although the complaint process states that I am entitled to both an apology and an explanation of how the court intends to put matters right, the court has so far failed to do the latter. It has simply said that if I am unhappy with its answer then I can take the complaint to the next level in the process. Stan

As I understand it, when the Court sends a copy of the Claim Form to the Defendant it should also include a Defence Form (N11M). Is the Court obliged to provide this form and if so where is this obligation set out (e.g. CPR)? Also, if the Court is obliged to have sent the form but failed to do so, would this be sufficient grounds to have any future judgment set aside? Any ideas would be welcome Stan

Thanks

As I understand it, when the Court sends a copy of the Claim Form to the Defendant it should also include a Defence Form (N11M). Is the Court obliged to provide this form and if so where is this obligation set out (e.g. CPR)? Also, if the Court is obliged to have sent the form but failed to do so, would this be sufficient grounds to have any future judgment set aside? Any ideas would be welcome. Thanks. Stan

If a court has granted possession of a property to a mortgage company and it is subsequently found that the Particulars of Claim had not included all the required information information as set out in the Civil Procedure Rules, is the court bound to set aside the judgment? Any ideas would be welcome. Stan

Thanks

A creditor has admitted that it has destroyed the original CCA, but had copied it to microfiche before doing so. Would a copy of the microfiche be acceptable in court? Any thoughts would be welcome. Stan

Thanks. Very useful.

A creditor has terminated an agreement without specifically stating its intention to do so in a Default Notice issued under the Consumer Credit Act. Has the agreement been validly terminated? Thanks. Stan

I am having problems with a mortgage company. I took out a mortgage several years ago which contained a Cashback element. Since then I have had money problems, fell into arrears and the company now has a suspended order for possession. However, since they gained the order I made a S.A.R (Subject Access Request). The documentation they have provided makes it clear that they had never advanced the Cashback,a fact I had not noticed at the time. I do have a letter from the mortgage company confirming that the Cashback forms part of the contractual funds they were obliged to forward. As I understand it, this means that they had been in breach of contract before I had fallen into arrears and before they had applied for the order for possession. My question is this - if they were already in breach of contract, were they entitled to initiate the claim for possession? Any suggestions gratefully received. Thanks. Stan

I am having problems with a mortgage company. I took out a mortgage several years ago which contained a Cashback element. Since then I have had money problems, fell into arrears and the company now has a suspended order for possession. However, since they gained the order I made a S.A.R (Subject Access Request). The documentation they have provided makes it clear that they had never advanced the Cashback,a fact I had not noticed at the time. I do have a letter from the mortgage company confirming that the Cashback forms part of the contractual funds they were obliged to forward. As I understand it, this means that they had been in breach of contract before I had fallen into arrears and before they had applied for the order for possession. My question is this - if they were already in breach of contract, were they entitled to initiate the claim for possession? Any suggestions gratefully received. Thanks. Stan

Interesting thread. Does there have to be any allowance made for posting, for example 14 days + 2 days for delivery? Thanks. Stan

Hi If a Claimant discontinues a claim that had been allocated to the Fast Track, is the Defendant entitled to costs? Also, if the Claimant had discontinued the claim because the Defendant was able to show that there had been improper conduct on the part of the Claimant, what action, if any, would the Court be able to take and would this scenario have any affect on the amount of costs/compensation that could be awarded. Any comments would be welcome. Thanks. Stan

Ok. Thanks again. Stan