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I have a very strong case against a company.
I took them on last year using MCOL. They got that matter thrown out by the County Court that the case was assigned to. I did not apply to have it reinstated as the claim was only for £150. Even though they had clearly lied about why it should be struck out and fooled the Judge.
Fast forward one year, I have a new claim against this company. It is for £500 and the Particulars of Claim clearly demonstrate it is nothing to do with the claim from last year.
In their Defence, this company states it is the same claim and asks the Court to strike it out.
There is no way both claims could be considered the same. In any case I have clarified this with the company, for the avoidance of doubt, and for the last two weeks asked them for proof they have notified the CCBC that their Defence needs to be amended accordingly so they are not misinforming the Court when petitioning to strike out my case.
They have opened eleven emails over two weeks, multiple times (I received 123 read receipts) yet completely ignored every email.
Can I ask for summary judgment? I am confident in the strength of my case, as they have lied repeatedly and I have definitive proof of those lies after last year, having recorded all calls. They are just a very scummy company.
Can I ask for them to be held responsible for this grave contravention of the CPR, and their Defence struck out, and summary judgement in my favour?
I took them on last year using MCOL. They got that matter thrown out by the County Court that the case was assigned to. I did not apply to have it reinstated as the claim was only for £150. Even though they had clearly lied about why it should be struck out and fooled the Judge.
Fast forward one year, I have a new claim against this company. It is for £500 and the Particulars of Claim clearly demonstrate it is nothing to do with the claim from last year.
In their Defence, this company states it is the same claim and asks the Court to strike it out.
There is no way both claims could be considered the same. In any case I have clarified this with the company, for the avoidance of doubt, and for the last two weeks asked them for proof they have notified the CCBC that their Defence needs to be amended accordingly so they are not misinforming the Court when petitioning to strike out my case.
They have opened eleven emails over two weeks, multiple times (I received 123 read receipts) yet completely ignored every email.
Can I ask for summary judgment? I am confident in the strength of my case, as they have lied repeatedly and I have definitive proof of those lies after last year, having recorded all calls. They are just a very scummy company.
Can I ask for them to be held responsible for this grave contravention of the CPR, and their Defence struck out, and summary judgement in my favour?
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