Camdenite Vs. Abbey

[Camdenite]

Cheers ICY. The court said it's up to me when I file, so I'll leave it until Friday morning. It appears the judge is waiting for my Application Notice though before setting a hearing date. That's not what he told me at the Preliminary Hearing .

[Camdenite]

Another Question:

 

Application Notice Part C

 

I wish to rely on the following evidence in support of this application:

 

What do I put in here? I thought I'd summarised enough in part A as below:

 

I have put the following under Part A:

 

I now represent myself in this case and my Lay Representative, Bank Complaints Ltd. is no longer acting on my behalf and further charges made by the Defendant are now included on the claim. The new claim total is .............

 

Because

 

The Lay Representative failed to file the requested Allocation Questionnaire in a timely manner with this Court and did not claim for all charges levied by the Defendant.

 

Any advice on how I complete? I'm a bit lost on this.

[Boris Becca]

Hi there its boris here:) , read thro your thread very interesting, I will follow closely now, we will get there in the end............!

[Camdenite]

Cheers Boris. Much appreciated. I'm sure we will. Just one step at a time.

 

Any thoughts on the N244 questions posted above, anyone?

[Lula]

Hi Camdenite, dont take this as gospel cos i have never seen an N244 but I thought that in A you would be asking for the claims to be joined together and the because, was for the reason that you have stated.

 

Hope this helps, it may not do though

[Camdenite]

Hi Lula, You're putting the hours in this week eh?

 

To ask for it to be joined seems to indicate that there are two seperate claims doesn't it? I beleive the N244 is an Application Notice to change an existing claim. That is the way the Judge has asked me to proceed and I'm happy to comply, I'm just not sure of how I should word everything on the N244.

 

Another for Gary?

[Lula]

LOL probably

[GaryH]

N244, 3 copies -

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_0400.pdf

Top left hand box:

 

1. Tick c), without a hearing

 

Ignore 2, 3 and 4

 

5. District or Deputy District

 

6. Defendant

 

Top right hand box:

 

The claim details, todays date.

 

Part A:

 

I ***** (the claimant)

 

(that....) joins/consolidates claim numbers ******* and *******, and also changes address for service of documents.

 

(because....) See part C.

 

Part B:

 

tick 'evidance in part C' box

 

Part C:

 

1. The Claimant applies to have 2 claims, numbers ******* and ******* joined/consolidated.

 

2. The 2 claims were issued by a claims management company, XXXXXXX Ltd, on behalf of the claimant. The claimant now understands that as the claims arise from one single contract, one single claim should have been issued.

 

3. XXXXXXX Ltd are no longer employed by the claimant who is now dealing with these matters as a litigant in person.

 

4. In view of paragraph 3, the Claimant further applies to change the address for service of documents to her own address.

 

5. A proposed new claim form and particulars of claim are attached to this application notice.

 

6. The new claim form and particulars of claim have today been sent to the Defendant. Please find attached a completed certificate of service.

 

Attached

 

- New claim form and particulars of claim

- Certificate of service

- Any letters, etc, confirming company are no longer employed.

- Anything else in support

Do a new N1 (3 copies) and new POC's and schedule, etc for the total amount.

 

When you amend its you who has to serve it on the Defendant, so send a copy of the N244 and attachments, N1, etc to Abbey and then fill in a certificate of service -

http://www.hmcourts-service.gov.uk/courtfinder/forms/n215_0106.pdf

 

On the same day take 1 copy of everything into the court with the £35 fee.

 

Obviously the other copy is for yourself.

[Camdenite]

Hi Gary, I'm a little confused. There has never been a second claim issued by either myself or the Claim Management Co.

 

I should only have to include 3,4,5 &6 of part C I believe?

 

Please let me know if there's also anything else I should change in view of the fact that there is not yet a second claim?

 

Do I really need to file a new N1?

[GaryH]

I thought they issued 2 claims, that one was lost in the system and you wanted to consolidate them?

[Camdenite]

No, they only ever issued the one and intended to issue a second when the first one was completed. I know, abuse of process, but I wasn't aware of that at the time they told me they their intentions.

 

Once I realised there was only the one claim in for the reduced amount, I took over myself and filed the N244 changing representaion and the amount, which the court subsequently lost:mad: .

[GaryH]

Ah ok, sorry! Well in that case personally I would simply file a new N1 for the outstanding amount and accept the settlement of the first one. Forget the N244. Although its not advisable to split claims and could be viewed as an abuse of process, in this case its not really your fault and under the circumstances I can't see it being a problem tbh. File it at a different court if you really want to - Reading, perhaps;)

[Camdenite]

Cheers Gary. I'm happy to do it, but the judge is expecting me to file a new N244 to ammend the claim.

 

If I start with a new N1 for the all of the balance, won't this set me back time-wise?

 

I'm really sorry this is so complicated :o

[Camdenite]

Ah ok, sorry! Well in that case personally I would simply file a new N1 for the outstanding amount and accept the settlement of the first one. Forget the N244. Although its not advisable to split claims and could be viewed as an abuse of process, in this case its not really your fault and under the circumstances I can't see it being a problem tbh. File it at a different court if you really want to - Reading, perhaps;)

 

I guess I should probably just file the N244 after what's happened today? Hopefully the judge won't order a stay as it was the Court that lost the original one!

 

Off to file tomorrow morning.

[Camdenite]

All filed. The Court clerk told me they "had been expecting me". I also popped over the road to Triton House and asked their reception to give me a receipt for Mr Coyle's Certificate I Service.

 

That's about all I can do for now until I hear from the Court (7-10 working days). Is it worth asking for a Strike Out at this point?

[Camdenite]

Just an update. I've been away with work for the last week and had hoped to hear something in regards to a new court date. Nothing in the post, so I rang them today and for one horrible moment it sounded like they had lost another Application Notice:mad: .

 

Anyway, DJ Listings finally told me that a court date for another Prelim' Hearing had been set for sometime around the 17th September and I should hear shortly. They had not (yet) received any application from Abbey for a stay. How long do they have to put one in?

[Camdenite]

Anyway, DJ Listings finally told me that a court date for another Prelim' Hearing had been set for sometime around the 17th September and I should hear shortly. They had not (yet) received any application from Abbey for a stay. How long do they have to put one in?

 

 

Just a gentle bump.

[ohoh4312]

Hi Camdenite

 

It is my understanding that there will be a deadline stated on the Notice of Hearing for submission of a stay application.

 

I am sure I have read that it is within 7 days of the date of the Notice, but don't quote me on that - I have read too much, and now its all jumbled up in my head! :o

 

Just going to check it out, and will get back to you/

 

Jo xx

[ohoh4312]

Hi again

 

Well, someone else got a Notice of Prelim Hearing today, and it says that both parties have the right to apply for a stay (not actual wording, but the general gist) within 7 days of the date of this Notice.

 

Don't know if that is standard though - I think you may have to wait to receive the actual Notice, I am afraid.

 

Best regards

 

Jo xx

[Camdenite]

Thanks Jo. That makes sense. I'm expecting Notification of the Prelim Hearing in today or tomorrrows post.

 

How many of Inga, Rowan and the gang are on holiday at the moment? It may just get forgotten about:D .

[Camdenite]

Well, I just phoned up the court (Central London) and was told that a letter was posted on Friday confirming a preliminary hearing on the 7th September! That's even sooner than I thought.

 

I had a good chat with the youngish lad on the phone. It seems that Judge Avent will be carrying on as normal. No request for a stay received by the court yet. He couldn't comment on whether Judge Avent will look symapathetically on stays. Let's hope not eh?

 

Good to know that this court is carrying on though.

[Boris Becca]

keeping up to date with your thread, I think they could apply for a stay on your hearind day, possibly?!

[Camdenite]

yep, I'd be surprised if they didn't. One major factor that is in my favour and I'm hoping the judge agrees, is that this could have been settled in full on the 17th July if the Court had not lost my N244 Application Notice!

 

It's hardly fair that the only reason it's being heard now as opposed to six weeks previously is that they lost my form. A fact they have acknowledged. Let's just hope the judge see's it similarly.

[Camdenite]

Hi all, Got my General Form of Judgement or Order this morning. Can someone translate the wording from the legalese into plain English:

 

Before District Judge Avent sitting at Central London County Court........

 

Upon Hearing the claimant in person and there being no attendance by the defendant.

 

And Upon reading the letter from the defendant to the court dated 13 July 2007 to the effect that settlement has been effected between the parties.

 

And Upon the claimant having not received any communication to that effect from the defendant.

 

And upon the claimant having applied to ammend the particulars of claim on 18 June 2007 (and having been provided a receipt by the Court on 28 June 2007) but such application not being on the Court File.

 

IT IS ORDERED THAT

 

1. The case be allocated to the Small Claims Track

 

2. The preliminary hearing is adjourned to;

 

07 September 2007 at 14:00 at Central London County Court

 

 

As far as I can see it only states about me ammending the POC, not the amount of claim itself. Should I flag this to the Court?

[Camdenite]

a gentle bump . Also, does anyone know if Abbey should have submitted a new defence in respect of my ammended claim? Just trying for anything that might get me a strike out:D .