Struck out case back again - I am at the end of my tether

roberts589

Will provide a summary once home shortly

Umkomaas

roberts589 said:

Will provide a summary once home shortly

Great stuff 👍

Le_Kirk

Well done; looking forward to your court report.

roberts589

So...

Had to wait until just before (and then just after) lunch for the hearing - it transpired before that it was the courts mistake that the previous hearing was vacated and struck out 15 months ago... so the CPR issues were sadly moot.

However, the judge immediately tore into the claimant's rep (who i actually felt sorry for... I hope they go on to more worthwhile advocacy ) for the state of the claimants bundle, the length of time and resources of the court this has sapped over the last 4 years, and gave the rep over lunch to come up with an argument as to why the case shouldn't be struck out immediately.

I on the other hand had filed, served and presented everything correctly as was praised for this. the judge really wasn't happy with the claimants conduct.

Lunch came and went (popped for a quick pint and a sandwich to calm down after being rather concerned prior to the preliminary part of the hearing..!) feeling things were looking good.

The rep had tried to obtain some kind of justification from the claimant for the judge - they did not provide them with one.

This was a residential case (for many MANY PCNs) and the judge focussed on Primacy of Contract first... and did not let it go. We didn't even get on to extra £60 (not properly, the judge I could tell had already decided he wasn't going to allow) landowner contract/signage/POFA etc (although the judge alluded to all of these in his decision... he had clearly read my defence at witness statement over lunch quite thoroughly...) 

Absolutely no ability for the claimant to override the terms of the AST, Judge admonished at great length the preparation, behaviour and unreasonableness of the claimant and their solicitors (not the rep who was nice enough and also poorly treated by the claimant quite frankly, as the judge said.) 

He used the words "reprehensible litigation conduct"...!

Dismissed on primacy of contract, and judge said he'd have struck it out anyway on the other points. 

Costs awarded over £300 (plus the contested set aside fee ages ago.)

PPC was UKPC. Silly sausages 

Thanks all.

Le_Kirk

Thanks,  nice to read it PLUS costs! 

Boat_to_Bolivia

Great stuff. We like that Judge.

roberts589

Boat_to_Bolivia said:

Great stuff. We like that Judge.

He seemed a very decent sort - very switched on chap

Umkomaas

Nice court report, well written and very clear description of the judge's irritation with UKPC. Can you tell us which court and which judge was involved please?

Coupon-mad

roberts589 said:

Boat_to_Bolivia said:

Great stuff. We like that Judge.

He seemed a very decent sort - very switched on chap

Who was he, and which court please?

That is a brilliant outcome! You must be elated. Well done!

ANOTHER UKPC ONE (several) BITE THE DUST!

Please please come back to take part in the final Public Consultation to change and cement the law and ban the fake + £70 debt 'fees' that in your case they tried to add MULTIPLE times, which would have enriched the 'legal' firm by hundreds if the CCJ had remained and you'd paid it.

The Public Consultation opens soon; my best guess is May now.  Come back and be heard by the Government.  Your only chance.

Read, bookmark and set email alerts for new posts on the 2022 replies in thd top sticky thread by MSE_JC.  We will tell everyone there when the Public Consultation opens.  Your experience and opinion on this greed will make yours a really important voice.

patient_dream

Well done, a court spanking for UKPC FOR BEING STUPID ... 

Who was the stupid legal ?