Howard Cohen/Lowell/Claim + General Direction order

[sammyg_901]

Re: Howard Cohen/Lowell/Claim + General Direction order

DB_Balance is what it says on the form - I guess it's supposed to pick it up from a database when it prints the form but it didn't

Nothing else yet so I will ask for an extension of 28 days - seems silly that they don't build in extra time for Christmas automatically.

[Amethyst]

Re: Howard Cohen/Lowell/Claim + General Direction order

Well that's a pretty shoddy effort of a POC in that case. As the POC doesn't state it is halifax, or an overdraft or even have amounts in I'd be inclined to ask the court to strike it out...

CPR

Power to strike out a statement of case

3.4

(1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2) The court may strike out(GL) a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

(c) that there has been a failure to comply with a rule, practice direction or court order.

(3) When the court strikes out a statement of case it may make any consequential order it considers appropriate.

[sammyg_901]

Re: Howard Cohen/Lowell/Claim + General Direction order

So I just contact the court and state that the "case discloses no reasonable grounds for bringing or defending the claim"?

[CleverClogs]

Re: Howard Cohen/Lowell/Claim + General Direction order

(3) When the court strikes out a statement of case it may make any consequential order it considers appropriate.

Such as declaring the claimant to be a vexatious litigant?

[sammyg_901]

Re: Howard Cohen/Lowell/Claim + General Direction order

The court have replied saying I can submit that as my defense (which I thought was correct) or apply to strike out the claim using the N244 'Application Notice' - which I have to pay for? What should I do?

[FlamingParrot]

Re: Howard Cohen/Lowell/Claim + General Direction order

The court have replied saying I can submit that as my defense (which I thought was correct) or apply to strike out the claim using the N244 'Application Notice' - which I have to pay for? What should I do?

I'm with Ame on this one... :thumb:

Well that's a pretty shoddy effort of a POC in that case. As the POC doesn't state it is halifax, or an overdraft or even have amounts in I'd be inclined to ask the court to strike it out...

With regards to paying the N244 fee, you may be able to get remission if you are on benefits or on a low income: http://www.justice.gov.uk/downloads/...eng-upto-6.pdf

You'll find the N244 here: http://hmctsformfinder.justice.gov.u...t_forms_id=484

[Amethyst]

Re: Howard Cohen/Lowell/Claim + General Direction order

Any update on this Sammy?

[sammyg_901]

Re: Howard Cohen/Lowell/Claim + General Direction order

Hi!

OK so I applied to have the judgement set aside due to the POC not stating the original creditor, that the claim refers to an overdraft or have amounts in the details so asked for it to be struck out.

I then got a letter stating the case was being moved to my local court.

I then got a "notice of hearing of application" for March 26th @ 2pm

Today I then got a "general form of judgement or order" "of the courts own motion" ordering that

1) the defendants application dated 7th January 2014 to set aside judgement be struke out on the basis that no judgement has been entered

2) The hearing for March 24th be vacated

3) Unless the Defendant do by 4pm 10th March file at court and serve the Claiment his Defence the Claimant has permission to enter Judgement in Default of Defence

4) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the Court (together with any appropriate fee) to arrive within 7 days of service of this order)


So I guess I did the setting aside wrong?

Can you assist on something to enter as a defense?

Thanks!