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Claim struck out

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  • Claim struck out

    A claim from a credit card debt purchaser has been struck out because on Sep 18 they were ordered to pay claim fee by 5 nov or struck out without further order . They have admitted to strike out but are trying to reinstate.
    will they succeed?
    does it reset the time claim start date as now over statute period
    Tags: None

  • #2
    It depends on the judge and their reason/explanation for not paying the hearing fee on time. Courts tend to be quite lenient.

    Have they submitted an application to set aside the strike out order ?

    When are Witness Statements due for exchange ( usually not that long after hearing fee ) ?

    If the strike is set aside then the issue date remains the same so it wouldn't have become statute barred.
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    • #3
      The order of September says if want to set aside or vary to do so within 7 days.
      the order said if fee not paid by 05/11 then claim automatically struck out with no further order.

      Can an I ask that instead of reinstatement they have to file a fresh claim?

      Comment


      • #4
        Have you checked with the court if the claim actually was struck out?
        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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        • #5
          Originally posted by brass View Post
          The order of September says if want to set aside or vary to do so within 7 days.
          the order said if fee not paid by 05/11 then claim automatically struck out with no further order.

          Can an I ask that instead of reinstatement they have to file a fresh claim?
          I don't think they can file a fresh claim over the same issue. That's one reason why the court may be inclined to reinstate the claim.

          Comment


          • #6
            The court says not struck out on the system yet, but the claimant said so in an email. The contact centre says system not updated for 3 days

            i have read somewhere the court ordered to restart a claim

            Comment


            • #7
              Here is an example to restart
              https://www.property118.com/reinstat...t-fee-debacle/

              Comment


              • #8
                What does the email actually say? That they intend to apply to set aside the strike order? or that they have ?

                Did you email them saying the claim was struck out before you'd had confirmation from the court? ( just wondering as it's quite quick after the date by which they were ordered to pay the hearing fee for them to have realised they were late and acted to rectify )

                If the claim stays struck out, then they would need permission of the court to file the claim again as you have defended already and they would need good reason, but it is most likely it will just be reinstated as they'll likely claim an Admin error.

                The order to pay the hearing fee or be strick out on 18th Sept - was that the standard notice of hearing, pay hearing fee and exchange witness statements order?
                “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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                • #9
                  And here
                  https://forums.moneysavingexpert.com...d.php?t=492597

                  I would add to the prev post but can’t seem to edit

                  Comment


                  • #10
                    ok, (just seen your post - between my post re restarts) the claimant emailed me that they forgot about the fee and claim struck out and case vacated. I phoned the court and they confirmed fee not paid but not maked as struck out yet, all as of yesterday.

                    Yes the order of sep also said for the exchange of witness statements, pay fee - the standard notice of hearing.

                    Comment


                    • #11
                      Cool beans - just checking you hadn't jumped in and given them the nudge to act quickly to get the strike overturned.

                      That MSE thread is from 2007 and is an old bank charges claim where the particulars were struck out for not disclosing reasonable grounds. He would have struggled to re-issue the claim. That poster didn't respond again and no one on the thread says a claim could be struck out then re-started. They do say re-instated ( which is what will likely happen here ). … also that 118 post also agrees that you can't just restart a claim... sorry I'm missing something somewhere.... you can, if you look hard enough, find something that backs up the answer you want, but if the court re-instates the claim it will just continue as before ( though prob a new hearing date and WS dates ) - if they don't then it will stay struck out and the debt will be stat barred.

                      Have the otherside actually filed their application? Did they send you a copy ? And do you have reasonable grounds to argue against it? ( they missed a payment date by a couple days and have tried to rectify almost immediately, so probably not )
                      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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                      • #12
                        Well
                        i have never received particulars of the claim just a sparsely pleaded few lines on a moneycliam
                        and
                        they got the order on 10/09/18
                        and
                        i reminded them on 16/10/18 also that I couldn’t do a witness statement because I never knew what their pleadings were ie default notice, agreement term etc. The claim simply said credit card, defaulted on date (incorrect way off), not even agreement sent or default notice. Nothing for a claim and yet there are cor rules to send detailed particulars within 7 days

                        so basically their behaviour is awful. They had so many reminders and still haven’t sent any details. Even if they did so now for hearing this month it still wouldn’t have given me any time. I think they tried to file witness statements last minute and forgot the fee. A dirty tricks brigade. Also the claim date was March 2017 and have had plenty of time to sort their claim out.

                        do I send an email to the court re the above or pay for a n244 (would be worth it) putting all the above to object to reinstatement

                        Comment


                        • #13
                          Ok. If they succeed in having the case reinstated the we'll need to know some stuff to help ...

                          What was your defence ?

                          When are WS's due for exchange IF they get the strike out set aside ? Have you prepped yours ?

                          Had you sent CCA & CPR letters asking for information?

                          Can you give a bit of background to the debt and claim pls. What was the original card, who are the claimants. ?


                          Did their 'brief details of claim" actually say further particulars to follow? ( unlikely if its standard debt purchaser claim like Cabot / Lowell etc )

                          You will need to read the CPR regarding the moneyclaim system - https://www.justice.gov.uk/courts/pr...pd_part07e#5.1

                          but really if the claim stays struck cause the court are finally pissed with them missing deadlines that will all be irrelevant... but still good to be prepared just in case
                          “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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                          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                          Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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