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Apply for a strike out?

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  • Apply for a strike out?

    Claimant has failed consistently to supply copy of CCA and has now proceeded on small claims track. Already submitted embarrassed defence as no sight of any paperwork to validate claim.

    Had allocation papers, but still no CCA.
    Alleged debt is highly likely statue barred.

    Can I ask the judge to strike out, or do I complete Allocation questionnaire and agree to small claims and tick for mediation and then hit the claimant with the 'where is the paperwork' question during mediation?

    It is our good old 'friends' Cohen's again, and I really want them to do one.

    Advice please?

    thanks



















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  • #2
    You would have to apply to strike out the claim at a cost of 255, plus if unsuccessful you open yourself up to being made to pay their costs of defending the application. That's a cost and risk you need to weigh up as the less time they have to source the documents the less likely they are to succeed in sourcing them.

    As for Stat barred, are you sure? The last payment to anyone, not just the original creditor, needs to be more than six years from the date of the claim or the date of default needs to be six years whichever is the latter event.

    To mediate you will be asked if you have all the information to mediate and when you reply that you don't or during mediation ask for it then mediation will just be terminated.

    If you don't go down the application route you should fill in the N180 per the guide in my signature below, duly inform the mediation team when the time comes that you don't have the information to mediate and then it'll go to court.
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

    Comment


    • #3
      Claimant has had over 8 weeks to supply CCA, and has consistently failed to do so. Defendant is in receipt of means tested benefits, so has Fee Exemption. CPR 16.5(4) has been totally ignored as claimant has supplied zero paperwork to the defendant attempting to prove the claim. This is why I would seek a strike off, as the claimant is not allowing the defendant to submit a full defence due to non delivery of CCA.

      Thank you for your idea of mediation, and the collapse of it due to no paperwork, but that surely just delays the inevitable strike out further down the line, as the claimant is not providing paperwork, and the defendant is left only with an embarrassed defence until that point?

      thanks again.



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      Comment


      • #4
        The defence is all they can defend at this stage, so not embarrassing and surprisingly common.

        If in receipt of fee remission there's no fee to pay obviously, but there is still the risk of costs award if unsuccessful to the claimant.

        If you make an application to strike out the claim you still want to return the N180 as well.
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

        Comment

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