Asset collections and investigations Claim Struck out

[jon34]

Received Notification from my local County court today That the claim Issued by Asset collections has been struck out for failing to pay the hearing fee amoungst other things.

I was just wondering if they could re issue the claim ?

Many thanks.

[jon34]

Re: Asset collections and investigations Claim Struck out

Here is a copy of the Judges directions/order for the management of this case.

It Mentions that the Claimant will be liable for my costs incured if they do not comply.

Can I claim my costs from the initial defence to the strike out at LiP rates ? or am I reading this incorrectly.

Any advice from the site Team would be appreciated.

Many Thanks,

[jon34]

Re: Asset collections and investigations Claim Struck out

Bump

[Amethyst]

Re: Asset collections and investigations Claim Struck out

Ahh that's good news. The other side could apply for relief - does it state on the strike out order that they have 7 days to apply to vary etc ? If they haven't then that should be the end of it - they could in theory re-issue - or try pick this back up further along the line - but you can argue against it.

Costs wise you'd really only have your £19 an hour for two letters and writing a defence, so 5 hours ?.... it really depends how much their claim against you was for vs how much you'd want to claim in costs (and likely to be absolute maximum £300 more likely £95 or thereabouts) as to whether it's worthwhile. Requesting costs quickly could push Asset into arguing against the strike out. So if them being struck out and the debt 'vanishing' is worth more to you than getting a hundred quid off them on principle I'd leave it be.

Just my opinion of course xxx

[jon34]

Re: Asset collections and investigations Claim Struck out

Thanks for the reply Amethyst.

No order as such just a letter from my local county court stating their claim was struck out for not paying the listing fee and the hearing date has been vacated.

However since this letter I have been bombarded with emails from them claiming that a count court claim has been loaded and if i dont respond they will enter judgement.

also received a txt inviting me to contact their littigation department by 7pm today

[Diana M]

Re: Asset collections and investigations Claim Struck out

Did you comply with the same Order which also obliged you to file at court and serve on the Claimant your WS and any documents you intend to rely on at the Hearing no later than 4 pm on 27th September?

Di

[jon34]

Re: Asset collections and investigations Claim Struck out

Hello Diana.

Yes I submitted my witness statement to both the court and asset collections sent by special delivery both received and signed for and POD printed off from the royal mail website.

I left it 5 days after the deadline before contacting the court to see if asset had sent theirs. The court told me they had not received Assets witness statement.

Phoned the court again on the 14th Oct. They still had not received it.

Many thanks

[Amethyst]

Re: Asset collections and investigations Claim Struck out

Thanks for the reply Amethyst.

No order as such just a letter from my local county court stating their claim was struck out for not paying the listing fee and the hearing date has been vacated.

However since this letter I have been bombarded with emails from them claiming that a count court claim has been loaded and if i dont respond they will enter judgement.

also received a txt inviting me to contact their littigation department by 7pm today

They can't enter judgment, you've defended the claim, and there is, WAS, a hearing listed - unless they apply for Summary Judgment. Do you want to paste some of the text of their emails? Likely just to be left hand, right elbow ... but good to check. Also have checked today the status of the claim ? Might be worth doing just in case things have changed since they sent the letter out.

[jon34]

Re: Asset collections and investigations Claim Struck out

The last time I called the court was 4:20pm Fri 27th Oct and they confirmed claim struck-out.

[Diana M]

Re: Asset collections and investigations Claim Struck out

I was just wondering if they could re issue the claim ?

The answer to your question lies in Page 2 Para 4 of the Notice of Allocation/Hearing which states:

"If, following strike out of the claim the claimant or the defendant wishes to start fresh proceedings a new claim must be filed together with the appropriate fee . . . ".

Di

[Amethyst]

Re: Asset collections and investigations Claim Struck out

The last time I called the court was 4:20pm Fri 27th Oct and they confirmed claim struck-out.

Cool. So what do these emails say?

[jon34]

Re: Asset collections and investigations Claim Struck out

The answer to your question lies in Page 2 Para 4 of the Notice of Allocation/Hearing which states:

"If, following strike out of the claim the claimant or the defendant wishes to start fresh proceedings a new claim must be filed together with the appropriate fee . . . ".

However since you have already filed your Defence they would need to make an Application to the court for permission first.

Di

Ah I see. So if they made such an application would I receive such a notification.

And once again thank you for helping to fill in my Knowledge gaps in court proceedings and thanks to Amethyst also

- - - Updated - - -

Cool. So what do these emails say?

Just abbout to post them up

[jon34]

Re: Asset collections and investigations Claim Struck out

Re: Contact Office

Customer Reference:
Original Creditor: The Lending Stream
Outstanding Balance: (Includes Court Fees & Interest)

Dear

We are writing in relation to our previous correspondence which stated County Court action has been iniated against you.

To prevent further enforcement action, we ask that you contact the office on 0330 808 1585 to discuss setting up a repayment plan.

Our opening hours are Monday to Thursday 8:00am to 7:00pm and Friday 8:00am to 5.30pm. Please be aware that we have extended our opening hours from 5:30pm to 7:00pm as of today, 27th October 2017, in order to provide extra time to contact us.

We look forward to hearing from you.

Kind Regards,

Asset Collections & Investigations

[Diana M]

Re: Asset collections and investigations Claim Struck out

once again thank you for helping to fill in my Knowledge gaps in court proceedings

I didn't really fill in your knowledge gap, I just read the court Order

Di

[jon34]

Re: Asset collections and investigations Claim Struck out

Re: Legal Action

Customer Reference:
Original Creditor: The Lending Stream
Outstanding Balance: (Includes Court Fees & Interest)

Dear Mr

As you are now aware legal action has commenced against the above outstanding account.

We can offer you £274.68 as full and final settlement. Therefore, if you pay this amount by close of business on 31st October 2017, we will write off the remaining balance, stop further court proceedings and update the courts.

If you pay the aforementioned settlement figure within the timescales provided, a County Court Judgment will NOT be registered against you.

Alternatively, we can agree to over 12 monthly instalments at £25.43 per month. Although, the County Court Judgment would still be entered into, but we will cease enforcement of your County Court Judgment as long as the payment arrangement above is adhered to.

In order to arrange either of the options above, we ask that you contact the Litigation Department on 0330 808 1585 as soon as possible.

We look forward to hearing from you.

Kind Regards,

Asset Collections & Investigations