UKPC / DCB Legal - Part 3 - I WON AGAIN!!! ALL 3 OUT OF 3

IloveElephants

Fruitcake said:

I am sorry to hear about your partner's health problems. Sadly it will not be considered relevant to the case unless perhaps you miss a deadline due to having to attend to an urgent medical matter.

You could mention it in your defence as a passing comment so it is at least on record. I know your mind is, and wants to be elsewhere, but we are here to help you with the "other" nastiness to which you are being subjected.

Keep the faith my friend. We will not desert you.

Hi Fruitcake, thank you for your kind message and support. I have made adjustments my defence (Highlighted in yellow)

https://docs.google.com/document/d/1PbmU0RQKnf9Rqvpb8LZEMOUbZws5jlkOgM3vimG5-P8/edit?usp=sharing

Page numbering will be changed if this defence is acceptable.



Hi B789 - Thank you for sharing that draft order.


Upon hearing the application for summary judgment in this matter;

And upon considering the Defendant's previous conduct and their attempt to bring this claim despite it being barred by the principle of a cause of action estoppel as per Henderson v Henderson;

It is Ordered that:

1. The claim is dismissed.

2. The Defendant is to pay the Claimant's costs in the sum of [insert amount].

3. Any costs that remain outstanding shall be subject to detailed assessment if not agreed.

DATED this [insert date] day of [insert month] [insert year].




@cou@Coupon-mad if you get a chance to see if the above defence acceptable with my added changes and is the above draft order good for me to submit? Many thanks 

Fruitcake

Your draft order needs to include something to state that the courts found for the defendant in two previous identical cases, (quote the case numbers) and the same location, and that this is a vexatious attempt to undermine the previous decisions of the courts.

I am sure someone can put it better than I, but you do need to explain why cause of action estoppel is relevant.

B789

My amateurish attempts at draft orders is pretty obvious but I submit the following in an attempt to garnish constructive criticism as a part of the learning process. There are others, much, much more experienced and learned in these matters on here who can advise if necessary.

DRAFT ORDER

UPON reading the Claim Form filed on [date] and the Defence filed on [date]

AND UPON reading the Order dated [date] dismissing Claim Number [Case Number 1] and the Order dated [date] dismissing Claim Number [Case Number 2], both in this Court and in relation to the same subject matter and parties as the present claim

AND UPON the Court finding that the present claim is vexatious and an abuse of process intended to undermine the previous decisions of the Court, and that this is as per the doctrine of cause of action estoppel (Henderson v Henderson (1843) 3 Hare 100, 67 ER 313 was a decision of the English Court of Chancery which confirmed that a party may not raise any claim in subsequent litigation which they ought properly to have raised in a previous action)

IT IS ORDERED THAT:

1. The claim is dismissed.

2. The Defendant shall have their costs to be assessed, if not agreed.

3. The Claimant is prohibited from making any further claims against the Defendant in relation to the same subject matter.

DATED this [day] day of [month] [year].

Fruitcake

B789, you are certainly an asset to this forum.

Umkomaas

Fruitcake said:

B789, you are certainly an asset to this forum.

Seconded. 👏

IloveElephants

https://forums.moneysavingexpert.com/discussion/comment/80021355#Comment_80021355

Hi Fruitcake, thank you so much for your reply, sorry for the late response, I will make the adjustments now. Thank you

IloveElephants

Thank you so so much B789, That is so helpful, I will get the Defence complete tonight and send along with the draft order. Apologies for the delay in getting back, I was dealing with my partners hospital appointments so did not have the focused time over the weekend to deal with this. Thank you.

I have completed my Defence.

Once I create the Draft order in a word document do I send it to Northampton business centre where I send my defence? Many thanks to everyone. I hope to send this asap as my schedule is chaotic and would rather send it asap rather than near the deadline date. Thank you. As mentioned if these scammers UKPC dcb "legal" want to go to court I am happy to do so I know they read these forums.

IloveElephants

Hi Everyone, hope everyone is well, just one question, do I email my word document draft order to the same email address as I send my defence document pdf to? Many thanks

Boat_to_Bolivia

Coupon-mad said:

Do not download any form and don't send anything 'now' (except for acknowledging this claim on MCOL as advised by KeithP).

Fruitcake meant for you to attach a Draft Order with your defence.  Not a form.

And not 'now'.  WITH the defence.

See above.

IloveElephants

Boat_to_Bolivia said:

Coupon-mad said:

Do not download any form and don't send anything 'now' (except for acknowledging this claim on MCOL as advised by KeithP).

Fruitcake meant for you to attach a Draft Order with your defence.  Not a form.

And not 'now'.  WITH the defence.

See above.

Thanks BoattoBolivia.

I have already acknolodged the claim via MCOL. - I have my defence ready to send. I am ready to send the Defence right now as I do not want to miss the deadline because I have lots of personal appointments with my partner to attend. I don't want to miss the deadline.