CL Finance/Howard Cohens, HELP!

[Curlyben]

Re: CL Finance/Howard Cohens, HELP!

Go for it
They've had plenty of time to comply with the Courts Order..

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

Can I just apply for strike out over the phone then? Ok well I will try it today.

[Curlyben]

Re: CL Finance/Howard Cohens, HELP!

Shouldn't need to as that was part of the order, I believe.

Ask them what the best course of action is..

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

Well spoken to the court, they haven't had anything either...they said to apply for strike out would cost me £40 as an application would need to be made.

They said otherwise wait for the hearing and the judge will make the decision there and then.

[Curlyben]

Re: CL Finance/Howard Cohens, HELP!

Fire it off

Strike Out Applications | Litigation UK | Lawyers explain strike out applications

PRACTICE DIRECTION STRIKING OUT A STATEMENT OF CASE - Ministry of Justice

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

Ok.

Do I request the order without a hearing?

I Oliver Foster-Burnell am the Defendant in the case.

I request an order for strike out in this case due to the non compliance by the Claimant in response to the order made by the court for standard disclosure.

To date no documentation has been forthcoming, the Defendants documentation was served on the court and by Special Delivery to the Claimant before the deadline.

Do I need to provide anything else?

[Curlyben]

Re: CL Finance/Howard Cohens, HELP!

Time to really lay the boot in.
inform the court that they have also been attempting to frustrate these proceedings by completely refusing to should any just cause at all.
They have ignore your earlier request for information pursuant with CPR31.14 and have generally been abusing the court process in this matter.

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

Ok here is my rough info supplied on my N244

3. I am XXXXX and am the Defendant in this case.

I request an order to strike out the claim due to the non-compliance of the Claimant in relation to supplying supporting documentation for the claim and a general abuse of the court process in relation to this claim.

The Claimant has failed to disclose and ignored requests pursuant under the CPR 31.14 as detailed in my bundle .

The Claimant has more recently failed to comply with the courts order to supply information for the upcoming court hearing. As at 19th Jan 2010 no information has been received that the Claimant relys.

4. Do I include a draft order? I don't know how to do one of these!

5. I have put that the application can be dealt with without a hearing

10. I have put in support of evidence below and a I was just going to date my CPR31.14 request and the date of the court order that they have failed to comply. They already have copies of my CPR31.14 request and proof of delivery in my court bundle but do I attach this as well?

[Curlyben]

Re: CL Finance/Howard Cohens, HELP!

Yep looks good.

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

Does it matter about the draft order or not?

[Curlyben]

Re: CL Finance/Howard Cohens, HELP!

Not in this case as you are asking for a strike out of the claim.

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

Hi CB,

Been talking to a good friend who works in the court. She says by making an application at this stage the judge won't strike out without a hearing, not normally.

She says I should go to the hearing and bring it all up to the judge and ask for strike out at the time.

She says though that I should have a strong defence, I didn't resubmit the defence just the witness statement.

Is this something I should be worried about?

[Curlyben]

Re: CL Finance/Howard Cohens, HELP!

remember the WS gives the detail that was missing in the defence and sheds light in the whole issue.
You know have more ammo (TP's) to throw at them, assuming they can be bothered to turn up for the hearing..

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

TP's?

Yeh as she said to me just now she said that I am new at this and judge will be fine with that, apparently the judge is really nice?

She said I could write in again asking for it on file further that there has been no compliance as at 20th Jan (after the post).

Are they not always turning up then?
------------------------------- merged -------------------------------
Hey im now a Jack Russell!!! Whats that?

[Curlyben]

Re: CL Finance/Howard Cohens, HELP!

TP - Twat Points, basically how they have fecked up the case completely

Another letter to the judge pointing out their lack of compliance can't hurt

The doggie names are all based on the number of posts, see you;ve been here that long, we've got you now *evil laugh*