How do I strike out and claim costs?

[Rydent]

I’ve been having a bit of back and forth with a company that bought a debt I don’t recognise. I asked them for copies under CCA but while that was in progress they filed for a CCJ. This was back in September 18. It was due to go statute barred in Feb 19. I’ve checked with the court and it’s currently stayed.

I recently had a written reply from the company admitting they have no paperwork. I’m wondering, if I make a move to have the case struck out can I claim the costs? They’re claiming I owe about £7k plus the CCJ paperwork costs, totalling £7.5k.

I’m thinking of submitting a copy of the paperwork admitting they have no case. The argument would be that they have filed legal proceedings without a shred of proof, purely to stop it becoming statute barred.

My main question is pretty simple. Is there any risk involved in asking for costs to be awarded vs just asking for a strike out?

thanks

[pt2537]

I’ve been having a bit of back and forth with a company that bought a debt I don’t recognise. I asked them for copies under CCA but while that was in progress they filed for a CCJ. This was back in September 18. It was due to go statute barred in Feb 19. I’ve checked with the court and it’s currently stayed.

I recently had a written reply from the company admitting they have no paperwork. I’m wondering, if I make a move to have the case struck out can I claim the costs? They’re claiming I owe about £7k plus the CCJ paperwork costs, totalling £7.5k.

I’m thinking of submitting a copy of the paperwork admitting they have no case. The argument would be that they have filed legal proceedings without a shred of proof, purely to stop it becoming statute barred.

My main question is pretty simple. Is there any risk involved in asking for costs to be awarded vs just asking for a strike out?

thanks

Would it not be better to seek an unless order that they must provide you with the documents by x time on x date or they are stuck out? That way, you get rid of the claim, and under the same application you would also ask for part of the order to be "in the event the Claim is struck out the Claimant shall pay the Defendants costs to be assessed if not agreed"

That seems a more likely way forward than simply striking out, as the bar is quite high for striking out.

[Amethyst]

You sent a cca request before they issued the claim - did you send any other request after - like a cpr 31.14 request ? If so there's a basic guide to an application https://legalbeagles.info/forums/for...order-at-court
which you could use as a starting point including / changing to the CCA non compliance -With all applications there are costs risks and of course you need to consider your next steps if they did comply ( are you in a position to settle for example )

[Rydent]

No, I sent a notice they were in breach of the CCA request after the statutory time limit expired.

I could settle but it would max out my credit lines.

i definitely want to push to have the case struck out, as I don’t like the risk they could find paperwork. It just doesn’t seem fair to me that they can add court costs to a debt with no evidence at all.

If I do the paperwork for produce x document by y date. What sort of time limit would be reasonable?

Thanks.