Claim struck out - no documents - Procedure IND AKTIV KAPITAL

[mystery1]

Re: court Procedure IND AKTIVAL KAPITAL

I'm confused. Why are they applying for relief from sanctions ?

M1

[cashbook]

Re: court Procedure IND AKTIVAL KAPITAL

No please butt the more help the better this is on the general form of judgement it is ordered that

1 The claimant shall by 12 noon 6th March 2014 file at court and serve on the defendant a statement exhibiting all relevant copy agreement, notice of assignement, notice of default and such other evidence relied upon in support of the claim.

2 By 12 Noon on the 20th March 2014 The defendant shall file and serve a pleaded defence addressing the issues raised in disputing the debt.

3 the defence of the 23/11/2013 be struck out and in default of compliance with paragrapgh 2 above, the claimant having complied with paragrapgh 1 above may then apply for judgement in default.

4 time is of the essence for all steps under paragrapghs 1 and 2 above

5 Upon compliance with paragrapghs 1 & 2 above the court will direct on paper

6 CPR 3.3(4) (6) SHALL APPLY DATED 06/.02/2013

nOTE THIS IS WHAT IS ON THE ORDER NO MENTION OF SANCTIONS ONLY POINT 4 TIME IS OF THE ESSENCE so with that in mind the claimant made an application notice in it they now ask for an extension to serve on the defendant a statement exhibiting the copy agreement notice of default and notice of assigment by 4.00 on 31st March 2014.

the judge has said no correspondence we will have a hearing on the 8th April 2014.

hope all this helps just determined to stand toe to toe with these people. No a lawyer but to be allowed to issue proceedings with no such docs in the first instance should not be allowed, how many judgements are obtained by default using this tatic.

Thanks so far to all concerned its giving me some strenghth to win this case, if at all possible

[Amethyst]

Re: court Procedure IND AKTIVAL KAPITAL

Maybe you need to type out the whole order from the court

he states that in the event of the claimant providing the documents the defence sent in November would be struck out

The order issued by the judge also stated to all parties "time is o the essence " so to be fair he seems to be saying to the claimant produce the documents or else.

As the bit of the order you typed up before doesn't say that.


CANCEL THAT YOU DID IT xxx

[mystery1]

Re: court Procedure IND AKTIVAL KAPITAL

Ah ok now i get it.

Like i said study Mitchell. MA Loyd as well.

They appear to be in very big trouble.

M1

[cashbook]

Re: court Procedure IND AKTIVAL KAPITAL

Thank You I will study both cases prior to attending the hearing 08/04/2014

[cashbook]

Re: court Procedure IND AKTIVAL KAPITAL

I agree I think the fact they have not produced then issued an application notice given the judge will not enter into correspondence now means a 200 mile journey for the claimant to court.


Some how given the N244 says by 31st March 2014 they will file the papers, or apply to do so, if indeed they haven't and as at 18/03/2014 they haven't then i dont think they will attend the hearing


keep you posted but thanks to all concerned for your help to date i am feeling stronger to pursue the fight

[cashbook]

Re: court Procedure IND AKTIVAL KAPITAL

I have returned from court a result case has been struck out the judge expressed his concern that no documents,ie credit agreements, notice of assignments , default notices had to date not been provided even at the hearing today 08/04/2014 still no agreeements and the claimant requested a further one month extension.

The judge made reference to the change in civil procedures and timescales also relative to costs and even though the claimant stated that the defendant would not be penalised on cost the fact they gave no specific reason for the delay in providing such documents, other than they had not yet obtained them from the originator he accepted my application for the case to be struck out.

I hope this thread helps any future defendant always request the relevant documents do not allow a judgement to be awarded by default.

today is a good day I assume that the claimany will not pursue the claim at a later date now it has been struck out , is that a possibility i did not enter into any dialogue with the legal representative even though the person invited me to do so, my response anything i have to say will be said to the judge, he wasn't best pleased with how AKTIV /IND had presented their claim whilst have no documents at all good riddence

[Amethyst]

Re: court Procedure IND AKTIVAL KAPITAL

Bloody marvellous, well done.

[pt2537]

Re: Claim struck out - no documents - Procedure IND AKTIV KAPITAL

Gratz well done indeed