CLAIM STRUCK OUT !!!! Need help with a court claim please

[Amethyst]

Re: CLAIM STRUCK OUT !!!! Need help with a court claim please

This wasn't in any way an embarrassed defence. We had (most) of the documents from the creditor and knew what the claim was and there was a genuine dispute on it. I think we were only waiting on a default notice and that alone didn't seem enough to push on with a CPR 31.14 application - as it happens they still haven't provided but we have seen where a 'would have sent one standard letter says on the system' response satisfies a judge, so with the major disputes and prior FOS agreement with the defendant on the issues prior, we just went with a defence, WS and the back up evidence.

I prefer an application to an embarrassed defence and don't ever use them. However if the fee is £155 now and it is too much, then a defence based on the issues with the debt (if you know what it is) and outlining what you have done to find out the rest of the information can have the same effect of getting an order to produce the documents from the court. I have started a thread to discuss that choice (as people need an alternative) in VIP.

[mystery1]

Re: CLAIM STRUCK OUT !!!! Need help with a court claim please

Expandable v Rubin

Nomura v Granada

Mitchell v News Group

9 unless orders, one case thrown out as an abuse of process in the last 3 weeks

Id say my approach works quite well, and an application to discovery backed up with a sanction if they dont comply is the way to go.

As matters currently stand youre pushing an open door with a District Judge if your opponent hasnt got their house in order............

Indeed i do prefer that route to the embarrassed defence route hence Amethyst had more input than me here. The £155 app fee is going to be an issue for some though so let's just hope anyone who goes £50 doesn't get shafted as a result.

M1

[pt2537]

Re: CLAIM STRUCK OUT !!!! Need help with a court claim please

No need to apologise if you disagree with me. It only annoys me if someone doesn't say why they disagree or won't engage in discussion about it.Hell i tell folk i think they're wrong so you've gotta accept the same when you get it back

As for the case you mention i googled it and read http://www.kennedys-law.com/article/abuseofprocess/ . Now i'd say the new over riding objective and Mitchell change the landscape on that and the courts under the new regime would reach a different conclusion than they did in 2010.

M1

Expandable v Rubin

Nomura v Granada

Mitchell v News Group

9 unless orders, one case thrown out as an abuse of process in the last 3 weeks

Id say my approach works quite well, and an application to discovery backed up with a sanction if they dont comply is the way to go.

As matters currently stand youre pushing an open door with a District Judge if your opponent hasnt got their house in order............

[Amethyst]

Re: CLAIM STRUCK OUT !!!! Need help with a court claim please

They won't (try to reclaim that is) We're just discussing the technicalities.

Yes post up the order from the court when you get it.

Did you say they sent you a response to your defence? If so can you post it up as it might help others.

[mysticphoenix666]

Re: CLAIM STRUCK OUT !!!! Need help with a court claim please

Not really sure i understand what any of the above means, might just be me lol

I was told i should receive something in the post so hopefully that will have details on it of whether they can try and re-claim and if there is anything i need to do. (if i get anything i will post it for you)

Again as above thank you all for helping i could'nt of done it without the knowledge from this forum

[Amethyst]

Re: CLAIM STRUCK OUT !!!! Need help with a court claim please



It does seem to be an ever finer line between a strike out and having a judgment in your favour. I'm pretty sure the Jackson and Mitchell stuff just backs that up more?

Just with the res judicta bitty, I don't feel the issues were tried in this, or the other cases, so theoretically they could bring a new claim on the same cause of action but the reasons for the strike out are such that any second attempt would be struck out as an abuse ?

More than happy to be wrong though as it's a PITB - we KNOW they won't bring the action again (particularly in this case as it will be beyond limitations anyways now - as a struck out action doesn't halt the limitations period it just carries on as if nothing happened ) but defendants should be aware it is a vague possibility.

(p.s. am discussing not arguing lol )

[mystery1]

Re: CLAIM STRUCK OUT !!!! Need help with a court claim please

or Aktas v Adepta ?

Basically if they tried to bring a new claim on same cause of action after demonstrating blatant disregard of court orders, procedures and rules this time, they would just be struck out as an abuse of process next time (which they won't even try so don't worry)

(Sorry M1 - just as they have been struck out, as opposed to having the case judged against them)

No need to apologise if you disagree with me. It only annoys me if someone doesn't say why they disagree or won't engage in discussion about it.Hell i tell folk i think they're wrong so you've gotta accept the same when you get it back

As for the case you mention i googled it and read http://www.kennedys-law.com/article/abuseofprocess/ . Now i'd say the new over riding objective and Mitchell change the landscape on that and the courts under the new regime would reach a different conclusion than they did in 2010.

M1

[Amethyst]

Re: CLAIM STRUCK OUT !!!! Need help with a court claim please

Thanks

I would just like to say a big thank you to all of you who helped and contributed to make this result possible. I think I would of been one of the crowd that just ignored it and let them gain judgement by default otherwise.

And there is an awful big crowd of people who let the lenders walk all over them and allow them to continue getting away with having complete disregard for the CCA and CPR.

[Amethyst]

Re: CLAIM STRUCK OUT !!!! Need help with a court claim please

or Aktas v Adepta ?

Basically if they tried to bring a new claim on same cause of action after demonstrating blatant disregard of court orders, procedures and rules this time, they would just be struck out as an abuse of process next time (which they won't even try so don't worry)

(Sorry M1 - just as they have been struck out, as opposed to having the case judged against them)

[mysticphoenix666]

Re: CLAIM STRUCK OUT !!!! Need help with a court claim please

Thanks

I would just like to say a big thank you to all of you who helped and contributed to make this result possible. I think I would of been one of the crowd that just ignored it and let them gain judgement by default otherwise.

[mystery1]

Re: CLAIM STRUCK OUT !!!! Need help with a court claim please

Click on the link

Also

• "The rule in Henderson v. Henderson (1843) 3 Hare 100 is very well known. It requires the parties, when a matter becomes the subject of litigation between them in a court of competent jurisdiction, to bring their whole case before the court so that all aspects of it may be finally decided (subject, of course, to any appeal) once and for all. In the absence of special circumstances, the parties cannot return to the court to advance arguments, claims or defences which they could have put forward for decision on the first occasion but failed to raise. The rule is not based on the doctrine of res judicata in a narrow sense, nor even on any strict doctrine of issue or cause of action estoppel. It is a rule of public policy based on the desirability, in the general interest as well as that of the parties themselves, that litigation should not drag on for ever and that a defendant should not be oppressed by successive suits when one would do. That is the abuse at which the rule is directed."

If you really want to research it http://www.publications.parliament.u.../johnso-2.html

M1

[mysticphoenix666]

Re: CLAIM STRUCK OUT !!!! Need help with a court claim please

Well the only acknowledgement would be the court case other than that nothing.

what does res judicata mean lol

[mystery1]

Re: CLAIM STRUCK OUT !!!! Need help with a court claim please

If it's been over the time without acknowledgement then it would be statute barred as well as res judicata. Bit like belt and braces

M1

[mysticphoenix666]

Re: CLAIM STRUCK OUT !!!! Need help with a court claim please

Would statute barred not come into play now if they try and make another claim

[mystery1]

Re: CLAIM STRUCK OUT !!!! Need help with a court claim please

I'd have gone for copying costs etc as clearly the claimant was unreasonable. Cpr 27.14 1 (g).

Still as you say a win is the main thing and it's a huge relief.

It should be the end of it but they may try various things to collect the money such as sending letters or even starting another claim. Letters i'd ignore court claims they'll need permission to bring and if they don't get it any action is an abuse of process.

M1