Robinson Way lifting a stay on a County Court claim made in July 2009 - Happy Christmas!!

[Bev250264]

4 years and not a bean ordered yet, they must be chuffed to bits, lol

 

That makes me feel better Although it is their fault it's been 4 years. If they hadn't stayed it for so long...........

[citizenB]

So it all kicks off on Monday then ?

[Bev250264]

Looks like it. I reckon we're in for a battle. Just hope we have a different dj!!

[DonkeyB]

Hello daringfire – you look at this thread a lot recently. Want to get involved?

 

http://www.consumeractiongroup.co.uk/forum/member.php?377923-Daringfire

[prosser]

Don't worry I had a lot of trouble convincing a the judges about the 'name change' (just stick to your guns), the penny dropped in the end. Fortunately I am in a better position as the substitution of claimant counts as a new claim under the limitation act which in my case means that it is in effect statute barred (last payment 2005) and neither the original claimant or the new applicant have any locus standi. Incredulous that their app notice was poorly done and they asked for 10 mins arrogant bunch of so an so's.

 

I am pushing this all the way and have fired off a 2nd letter to NCCBC.

[Bev250264]

I just don't know how to make it any clearer. The dj made it sound as though we were just wasting his time. But it's a fact!!! I really don't know what'll happen on Monday. Dreading it tbh

[DonkeyB]

If the judge rules it an ‘admin error’ and allows it, make sure you demand that he outlines exactly his reason for such a decision in his judgment in terms of CPR. That is your right.

 

Hopefully, it will be a different judge and it won’t happen.

[Daringfire]

Hello daringfire – you look at this thread a lot recently. Want to get involved?

 

Hey

 

I'm absolutely facinated about this case and others that end up in small claims court. I'm also impressed at the amount of time the site team and users such as yourselve give to helping others.

 

I did go through a process of recovering penalty charges from HSBC about 10 years ago, and was successful in an out of court settlement after lodging a claim but I used penaltycharges forum and I think that is what draws me to this forum.

 

Though I am slightly embarressed that my parents had a valid PPI recovery claim but they used a claims managment company, I really think I should have helped them with that. My dad was self meployed and that wasn't covered by the policy. Though from memory that didnt get the result they expected. I am back in the UK for 10 days in April so I may see if they will let me look at the details.

 

I have no experience in these issues so I would not presume to give advice which is why I have not commented on the threads.

Also I moved to Singapore for work 6 months ago, which is why you may see me viewing the threads at random times in the night (its day time here).

 

I thought I'd send a pm rather than commenting on the thread as I don't want to side track from the OP's thread. But the forum rules require me to make 30 posts first.

 

Thank you for welcoming me and keep up the good work. If I feel that i have something to contribute I think I am more likely to now after you have contacted me.

 

Best Regards

 

Daring Fire

 

Edit Good luck on Monday Bev

Edited March 22, 2013 by Daringfire
Afterthought

[DonkeyB]

Welcome! More the merrier...

[Bev250264]

Morning everyone

 

We know who our dj is on Monday and it isn't Judge Grumpy Does anyone know if there's a list anywhere online that lists judges and a bit about them?

[Bev250264]

Edit Good luck on Monday Bev

 

Thanks Daringfire

[Mike_hawk]

Morning everyone

 

We know who our dj is on Monday and it isn't Judge Grumpy Does anyone know if there's a list anywhere online that lists judges and a bit about them?

 

Hi Bev

 

Try judiciary.gov.uk site, list available on there

[Bev250264]

A bit concerned about this:

 

CPR 19.2

 

(4) The court may order a new party to be substituted for an existing one if –

(a) the existing party’s interest or liability has passed to the new party; and

(b) it is desirable to substitute the new party so that the court can resolve the matters in dispute in the proceedings.

[Bev250264]

Hi Bev

 

Try judiciary.gov.uk site, list available on there

 

Not on there. Judge Grumpy was but the one on Monday isn't. Deputy do you think?

[DonkeyB]

A bit concerned about this:

 

CPR 19.2

 

(4) The court may order a new party to be substituted for an existing one if –

(a) the existing party’s interest or liability has passed to the new party; and

(b) it is desirable to substitute the new party so that the court can resolve the matters in dispute in the proceedings.

 

But this is still ‘upon application’, is it not? There has been no application. The claimant insistes there has been – so that itself is a point of dispute.

[cerberusalert]

Try a normal google search of his name, sometimes a local newspaper report of their cases show up & might give you an idea.

[Bev250264]

But this is still ‘upon application’, is it not? There has been no application. The claimant insistes there has been – so that itself is a point of dispute.

 

Right so this would only apply if they had actually made the app in the first place. So the dj can't use this to justify making an amendment so that the trial can proceed. They're not insisting they've made an app, they're saying they don't have to.

[Bev250264]

Try a normal google search of his name, sometimes a local newspaper report of their cases show up & might give you an idea.

 

Tried that. Just have to keep our fingers crossed then.

[unclebulgaria67]

Always confuses me when I read these.

 

Under CPR 19.4 it seems to say that they would have had to notify of the change of claimant beforehand.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part19

 

It appears that they would have to make an application under CPR part 23. I just googled CPR 19.2 change in claimant and the process is explained in an online book Blackstones Civil Practice 2013.

[Mike_hawk]

Bev

 

Perhaps email your friend at nccbc and attach a copy of doms w/s.

 

Ask if it is correct that customer number 1642 was guided by his staff to circumvent part 19 and if so could he provide you with the general rule which allowed this to be effected upon a change of legal entity, include the comp reg numbers.

 

Also request copies for inspection of any application and order (if any) regarding the matter. Part 5 would apply in your case

 

Make it polite but clear that the matter is to be tried in your case on monday so his urgent response is required.

[Bev250264]

Bev

 

Perhaps email your friend at nccbc and attach a copy of doms w/s.

 

Ask if it is correct that customer number 1642 was guided by his staff to circumvent part 19 and if so could he provide you with the general rule which allowed this to be effected upon a change of legal entity, include the comp reg numbers.

 

Also request copies for inspection of any application and order (if any) regarding the matter. Part 5 would apply in your case

 

Make it polite but clear that the matter is to be tried in your case on monday so his urgent response is required.

 

Done. Let you know if I get a reply

[Bev250264]

If it really hammers it down with snow over the weekend and they can't get down here for the trial, will it be adjourned??

[Mike_hawk]

I'd give him a bell if no response within the next couple of hours.

 

I've had a dig through Bailii and can't find a suitable reference for the application, plenty in regard to 19.5 limitation following an app but nothing for the actual application itself.......... would assume it just doesn't travel beyond the first instance when it comes to light?

 

To be honest it's not fatal to it's case unless Mondays judge agrees and decides enough is enough and disposes of the case with no further adjournment or extension, no locus, no case to answer........ wishful thinking I know but stranger things do happen.

 

Check with your local court this afternoon in case an 11th hour application has been filed by the other side.

[Mike_hawk]

If it really hammers it down with snow over the weekend and they can't get down here for the trial, will it be adjourned??

 

There's nothing to stop him hearing your evidence on the day.

[Bev250264]

There's nothing to stop him hearing your evidence on the day.

 

Cor that would be handy

 

Check with your local court this afternoon in case an 11th hour application has been filed by the other side

 

I'm still trying to plough my way through this skeleton argument. I've tried to cut it right back but there's so many separate arguments that I can't get it below 10 pages. What do I do with it once it's done?