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Claim and defence struck out - But Judgment already issued

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  • Claim and defence struck out - But Judgment already issued

    I am the claimant in this money claim, issued via MCOL. I issued the claim against 2 defendants, first one is a ltd company, second one is an individual. Ltd company defendant didn't reply at all to court papers and I requested default judgment which was issued and have enforced through high court enforcement for a writ. Second defendant (individual) filed a defence but nothing after that, I believe a DQ was sent to both myself and the individual, I don't believe the defendant replied to the DQ. I sent the DQ but didn't hear anything back either. Now upon checking MCOL and under the claim overview, recent entries show:

    - Your claim was struck out on 26/07/2019

    - The defence was struck out on 26/07/2019

    I'd appreciate clarification from anyone familiar with this, was my claim struck out because of the DQ issue and the defence being struck out meaning the individual defendants defence? Also, the already issued default judgment against the first defendant (ltd co) is still active/enforceable? Surely my claim but their defence being struck out is only applicable for the individual defendant as a judgment has already been awarded against the ltd co which didn't reply at all and no judgment has been set aside either?

    Thanks.
    Tags: None

  • #2
    You need to find out from the court why your claim against the individual was struck out. Your judgment against the company is still valid.

    I speculate, in the absence of facts, that your claim was for a particular sum, and you proceeded against the company and the individual for that sum on a joint and several liability basis. If the company has no money to satisfy the judgment, you would seem by the striking out of the claim against the individual, to be prevented from proceeding against that individual.

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    • #3
      Much appreciated, thank you. I will contact mcol on Monday to find out. As long as the judgment against ltd co is still valid, that’s what I was concerned about. High court enforcement have advised ltd co has enough assets/money and has secured partial payment so far, looks like this situation with the individual and claim strike out should be irrelevant anyway.

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