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fightalpha

WIN: Alpha Looses, also found to be "Unreasonable"
« on: March 13, 2015, 06:05:31 pm »
SUMMARY OF HEARING (in the words of the solicitor)
===========================================

On entering chambers the Judge asked whether the Defendant had informed the Claimant that they were not intending to attend today. I informed the Judge that the Defendant had not contacted the Claimant at all since filing the defence. I informed the Judge that I had spoke with the court staff yesterday and I was made aware that an email had been sent to the court indicating that the matter should be dealt with on the papers. I referred the Judge to the order of Manchester Court which required the filing of consent for the matter being dealt with on paper. I informed the Judge that the Claimant had completed the relevant form and filed and served it before the deadline requesting a paper assessment due to the fact that the Claimant is resident in the US. However the Defendant had failed to consent to a paper assessment and as such the matter had been listed for hearing today.

The Judge stated that the Defendant had emailed the court only recently to request that the matter be dealt with on paper. The Judge was happy to confirm that this did not comply with the court order.

I proceeded to outline the case for the Claimant with reference to the claim form, defence and documents filed at court, including the witness statement of the Claimant which I had provided to the Judge. The Judge was happy to grant the judgement as requested including interest calculated from January 2014 to today at 8%.

I requested the usual costs of issue and the hearing fee before inviting the Judge to find that the Defendant had behaved unreasonably and as such he should allow additional costs. I referred the Judge to CPR 27.14 (2) (g) and set out the basis for the submission as follows; That the Defendant failed to inform the Claimant they would not be attending today, that they failed to file consent for a paper hearing in a reasonable timeframe, they have therefore incurred wasted costs for attendance today, they filed a defence which had no prospect of success as they failed to provide the product by the date stated in the defence and lastly that they failed to concede the case or amend their defence despite the absence of merit in their case.

The Judge was happy to find unreasonable conduct and he allowed my costs of attending today. He would not allow the cost maintaining the UK forwarding address despite my argument that it was reasonable in amount and necessary for the claim to have been dealt with by the online service and by the court.

==================

A HUGE SUCCESS.

7 cases were brought against Alpha. Alpha lost all cases against them, except those where the claimant failed to show. Let this be a notice to you: IF YOU SHOW YOU WILL WIN. You don't even have to be physically in attendance; you can simply write the court within 14 days of your court case, telling them you won't be in attendance and to handle the matters on paper. Be sure you send that notice to Alpha as well.

So, not only did Alpha loose, they were found "unreasonable" in their dealings, and had to pay interest on the money, as well as paying the full legal costs. They didn't even show up to court in person.

If you'd like the law firm that handled this, PM me.

I'll be posting more information soon.
« Last Edit: March 13, 2015, 06:15:11 pm by fightalpha »
IF YOU WON a judgement, join us in this thread:
http://fightalpha.net/index.php?topic=143.0

Dag0r

Re: WIN: Alpha Looses, also found to be "Unreasonable"
« Reply #1 on: March 14, 2015, 12:03:18 am »
Great job. My hearing with them is imminent within the next fortnight. Am open to clubbing together with other people to try and enforce judgement when it comes. I am also based semi-locally if that helps (not a lawyer though). PM me

fightalpha

Re: WIN: Alpha Looses, also found to be "Unreasonable"
« Reply #2 on: March 14, 2015, 12:24:50 pm »
@Drag0r : I've just setup a thread for those who've won, or will win soon. Leave a note @ http://fightalpha.net/index.php?topic=143.0
« Last Edit: March 19, 2015, 02:08:56 pm by fightalpha »
IF YOU WON a judgement, join us in this thread:
http://fightalpha.net/index.php?topic=143.0

deck16

Re: WIN: Alpha Looses, also found to be "Unreasonable"
« Reply #3 on: March 17, 2015, 09:25:34 pm »
A HUGE SUCCESS

I am one of the claimants fightalpha mentioned above who won their case last week.

I started my claim in November via MCOL -> UK correspondence address -> no mediation -> non UK citizen defence from alpha-t -> transferred to Manchester County Court -> alpha-t did not send documents required for case being dealt on papers -> hearing -> WIN

I guess all of you who started a claim will win, as long as you comply with court directions.

If the defence of alpha-t is nonsense or not a real defence you may consider a summary judgment like the admin described in the step by step instructions, so you don’t waste time and money for the hearing.

Alpha-Oops

Re: WIN: Alpha Looses, also found to be "Unreasonable"
« Reply #4 on: July 15, 2015, 12:14:28 pm »
followed your steps to a T, and my case was 'STRUCK OUT'... still haven't received documents saying this but when i phoned thats all they could tell me.

I notified them 14 days in advance that i would  not be able to attend. yet another 1000$ down the drain. I went to court following your success story. :(

fightalpha

Re: WIN: Alpha Looses, also found to be "Unreasonable"
« Reply #5 on: July 28, 2015, 04:56:32 am »
@Alpha-Oops: Something is off. Can you ask them to email you a copy of the judge's order? They have been really good at that with me.
IF YOU WON a judgement, join us in this thread:
http://fightalpha.net/index.php?topic=143.0