Application to Reinstate Claim by Creditor after being Struck Out

[BillyBob1]

Hi all,

 

I'm back looking for some advice again .

 

For a bit of background, I was using the creditor to supply me with materials. Upon receiving statements that contained material I had not been supplied with, I queried the creditor.

 

After failing to adjust the statement figure for three months, I refused payment for the balance of my account until the matter was sorted out.

 

I have proof, in the form of delivery tickets with amounts of material showing a delivery quantity of zero but statements showing the material as having been delivered. To add to this, I have proof of other items being wrongly charged to another account with a similar name to mine, and then subsequently re-charged to mine.

 

The account was transferred to a DCA, who used the wrong creditor name on their communication with me.

 

The creditor/DCA took me to court, and the claim was struck out after the creditor failed to comply with an order made by the court.

 

27 Jan 2009 - Claim started by creditor.

 

10 Feb 2009 - I filed an acknowledgment of service.

 

20 Feb 2009 - I filed a part defence, admitting around 20% of the claim.

 

01 Apr 2009 - I filed my AQ.

 

24 Apr 2009 - The court orders that unless by 4th May 2009 the claimant files a completed allocation questionnaire and pays the allocation fee where appropriate the claim shall be struck out without further order.

 

18 May 2009 - The court orders that the claim be stayed as it makes no serious attempt to comply with CPR 16.4(1) by setting out a concise statement of the facts. The claimant must amend or substitute its particulars of claim by 4.00pm 03 June 2009 or the claim be struck out without further order.

 

16 Jun 2009 - Upon the Claimants failing to comply with the order of 18 May 2009 it is ordered that the claim be struck out.

 

19 Dec 2009 - I receive a letter from the court to inform me that:

 

It is ordered that - The claimants without notice application dated 02 Dec 2009 attached is refused, Claimant not having produced any re-amended Particulars of Claim to show compliance with the order dated 12 May 2009. Dated 14 December 2009.

 

I refused to settle the account originally because the creditor was incompetent, they sent the account to a DCA that was incompetent (couldn't even put the correct creditor name on the documents) and they used a solicitor that was incompetent (could not comply with the orders made by the court). Surely there must be a way to prevent these fools from harassing me further?

 

I have been googling and lots of documents refer to the term 'Abuse of process' with regard to the CPR and some mention a Limited Civil Restraint Order - could anyone advise if any would be appropriate in this instance?

[BillyBob1]

Cheeky bumb, in the hope of some advice :-|