General Form of Judgment or Order

[Bambichops]

Hey guys,

I have received a general form of judgment or order today by my local county court and I have no idea what this now means. I am wondering if anyone can help shed some light.

I can only assume it relates to a claim that was made against me a couple of years ago. I responded to the original claim back in early 2016 and I've heard nothing since. I assumed that the claimant no longer wished to pursue.

It reads the following:-

UPON reading the file and noting

(a) The particulars of claim do not comply with the rules; and
(b) There is no copy of no defence filed in April 2016 on the file and neither the CCMC nor the Defendant has responded to a request for a duplicate.

IT IS ORDERED THAT

1. a. The claimant shall file and serve amended Particulars of claim by 4:00pm on 2nd February 2018 containing a concise statement of facts on which the claimant relies persuant to CPR 16.4
b. Where the claim is based upon a written agreement
i. a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and
ii. any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this direction is compiled with by attaching or serving only the relevant parts of the contract or document(s).
c. Where the claim is based upon an oral agreement, the particulars of claim should set out the contractual words used and state by whom, to whom, when and where they were spoken.
d. Where the claim is based upon an agreement by conduct, the particulars of claim must specify the conduct.
2. If this order was made as a result of a without notice application or on the courts own initiative and if you object to the order, you may make an application to have it set aside, varied or stayed provided the application is made within 7 days of the service order.

I really hope someone can help me understand the terminology. I am about to try and get on the property ladder and purchase my first home and I m worried this may really affect my chances now.

Thanks in advance people,

[Amethyst]

Hi Bambi

You are the Defendant ?

(b) There is no copy of no defence filed in April 2016 on the file and neither the CCMC nor the Defendant has responded to a request for a duplicate.

Sounds a bit odd, double negatives.... lol Where did you file your defence?, through Moneyclaim online or on paper ? And did you send that to the court or to the Claimant ?
Have you actually had a request for a copy of it from the Claimant ? ( It seems they are trying to pick it back up in saying they didn't receive the defence ?) They might have applied to continue, or the judge might just be clearing out some stayed cases.... maybe give court a call and check if they had an application from the claimant ( and ask them where your defence is ) ( also if there was an application ask them to send a copy to you )
It does otherwise sound all quite positive on your side of things. The Claimant is ordered to file a new Particulars of claim as theirs is utter rubbish by the sounds of it. Do you want to give a bit more background to this, might help going forwards ?