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How to apply for strike out

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  • #1

    How to apply for strike out

    Hi all,

    I recently had a claim from Lowell requesting a sum of money. Through MCOL I filed my defence requesting paperwork from Lowell such as notice of assignment, copy of the CCA etc. I received none of this and instead got a "Directions Questionnaire". I have completed and sent it back but I would like to make an application for the claim to be struck out. Lowell have provided absolutely nothing that I have asked for and it is my belief that they have no intention of doing so.

    How exactly do I go about applying for their claim to be struck out (presumably under CPR 3.4)? I have logged into MCOL and can see nothing in there that allows me to submit any kind of application or request that this be done? Does a strike out application have to be done "outside" of MCOL and if so could anybody please tell me the best way to go about this as so far I have drawn a blank?

    Many thanks in advance to anybody who replies.

    J
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  • #2
    Did you ask for the paperwork directly from Lowell using a CPR 31.14 request (in shortcuts templates)? Requesting it in you defence was not the way to go and they could and have just ignored. If the case has been allocated to the small claims track then they are under no obligation to respond

    Comment

    • #3
      Originally posted by ostell View Post
      Did you ask for the paperwork directly from Lowell using a CPR 31.14 request (in shortcuts templates)? Requesting it in you defence was not the way to go and they could and have just ignored. If the case has been allocated to the small claims track then they are under no obligation to respond
      Hi Ostell and thanks for your response.

      I requested it from them directly using the template and they have not responded or sent me anything.

      Many thanks,

      J

      Comment

      • #4
        When did you request the info? You said you asked in your defence? Now that it appears to have been allocated to the small claims track they are not obliged to respond.

        Comment

        • #5
          Originally posted by ostell View Post
          When did you request the info? You said you asked in your defence? Now that it appears to have been allocated to the small claims track they are not obliged to respond.
          I sent the letters to Lowell and their solicitors shortly after I received the initial court paperwork, but they didn't respond. Might it be possible to challenge it being allocated to the small claims track on the grounds that they haven't supplied the paperwork that I asked for? If so how can I go about this?

          Many thanks,

          J

          Comment

          • #6
            Can you show you sent it?

            Did you mention the failure to respond I your defence?

            Comment

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            SHORTCUTS


            First Steps
            Check dates
            Income/Expenditure
            Acknowledge Claim
            CCA Request
            CPR 31.14 Request
            Subject Access Request Letter
            Example Defence
            Set Aside Application
            Directions Questionnaire



            If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.




            NOTE: If you receive a court claim note these dates in your calendar ...
            Acknowledge Claim - within 14 days from Service

            Defend Claim - within 28 days from Service (IF you acknowledged in time)

            If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.



            We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
            If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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