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A little win against CP Plus (with the help of the courts...)

Grizebeck
Posts: 3,967 Forumite

Helped someone with a claim which had gone to a previous address, and she had high court writ come through...
He paid £12 to have the writ stayed almost immediately and the hearing allocated to the local county court, he never paid nor was asked to pay the full set aside hearing fee (no application for fees help etc)
Judge had a real go at the claimant for ignoring emails confirming address move etc etc to DCB Legal , case set aside and ordered the claimant pay the defendant the full £275 with not a word said by the defendant on this matter and the claimant duly followed the court order
Claim is then restarted.....
The claimant due to an error with their CMS system make an error on the claim form duplicating dates, they file an application just before our witness statement is submitted asking the court to allow the claim to be amended.
They then see our witness statement and attached evidence and duly discontinue
Now this is obviously an error by the court , but its not the only one in relation to this defendant (or the court), they have another live case for 4 tickets and the judge has ordered a full day hearing (yes you heard right) when it would normally be done within the hour or two. Given a rep costs around £450 + VAT from LPC (for a full day trial) then me thinks the claimant will discontinue before the hearing
I think this is a clear listing error but it should help convince them to pull out
He paid £12 to have the writ stayed almost immediately and the hearing allocated to the local county court, he never paid nor was asked to pay the full set aside hearing fee (no application for fees help etc)
Judge had a real go at the claimant for ignoring emails confirming address move etc etc to DCB Legal , case set aside and ordered the claimant pay the defendant the full £275 with not a word said by the defendant on this matter and the claimant duly followed the court order
Claim is then restarted.....
The claimant due to an error with their CMS system make an error on the claim form duplicating dates, they file an application just before our witness statement is submitted asking the court to allow the claim to be amended.
They then see our witness statement and attached evidence and duly discontinue
Now this is obviously an error by the court , but its not the only one in relation to this defendant (or the court), they have another live case for 4 tickets and the judge has ordered a full day hearing (yes you heard right) when it would normally be done within the hour or two. Given a rep costs around £450 + VAT from LPC (for a full day trial) then me thinks the claimant will discontinue before the hearing
I think this is a clear listing error but it should help convince them to pull out
7
Comments
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Nice result on the set aside. Fingers crossed they pull out of the actual claim as even if they win they'll only recoup their court fees and the £275 - plus money/ time they've wasted already.2
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95Rollers said:Nice result on the set aside. Fingers crossed they pull out of the actual claim as even if they win they'll only recoup their court fees and the £275 - plus money/ time they've wasted already.
There is one more live claim1 -
Grizebeck said:95Rollers said:Nice result on the set aside. Fingers crossed they pull out of the actual claim as even if they win they'll only recoup their court fees and the £275 - plus money/ time they've wasted already.
There is one more live claim0 -
patient_dream said:Grizebeck said:95Rollers said:Nice result on the set aside. Fingers crossed they pull out of the actual claim as even if they win they'll only recoup their court fees and the £275 - plus money/ time they've wasted already.
There is one more live claim1 -
Grizebeck said:patient_dream said:Grizebeck said:95Rollers said:Nice result on the set aside. Fingers crossed they pull out of the actual claim as even if they win they'll only recoup their court fees and the £275 - plus money/ time they've wasted already.
There is one more live claim
This is not in the interests of the SRA and such poor claims only makes the SRA look rather stupid
No doubt we will see even more stupid claims they discontinue.
Are DCBL one of the legals who are financing the JR ? about the new code of practice ?0 -
Like any solicitors they take instructions from their clients0
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Grizebeck said:Like any solicitors they take instructions from their clients
"INSTRUCTIONS FOR A SCAM.....there are only a few legals who put their neck on the line and we see them all on here1
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