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Hi All,
Apologies for posting this as a new thread since it does relate to two threads I have started previously. However, my questions here relate to general legal procedure and are not claim specific.
Any replies may well be of interest to others going down the N244 route and would probably not be easily spotted if buried in the detail of a specific claim thread.
In November I attended the court hearing for an N244 application I had made for a court order requiring MKDP to supply copy assignment notices that were still outstanding from CPR 31.14 requests I made several months ago.
Despite a lot of bluff and bluster from the MKDP representative the judge ruled in my favour and made an order requiring MKDP to supply the two missing assignments within 7 days.
Eventually I did receive the copy assignments (albeit late) and so thought that MKDP may have done just enough to comply with the order. However, when I rang the court on Monday this week to find out where I needed to send my defence they told me that the claims had been struck out as the copy assignments had not been received by the court.
My first question is... where does the documentation requested in a court order have to be sent. I had assumed that it should be sent to me but it seems that the court were expecting it to be sent to them... is this correct?
My second question relates to what MKDP would have to do to re-instate these claims. The court official told me that they would have to make an application to the court and this would require a hearing. I would be notified and could attend to contest the re-instatement if I wished. Does anyone know if this advice is right?
My third question concerns how I stand going forwards. Even if MKDP do not apply for re-instatement is there anything to stop them merely issuing the same claims all over again?
Finally, I would like to know how this affects 'the clock' in terms of these debts becoming statute barred. I know the clock stopped once MKDP instigated the claims against me. However, now these have failed (at least for now), does the clock stay frozen, start again from where it was before the claims were issued or restart from zero (i.e. another 6 years to wait?).
Unfortunately I'm not clear on any of the above so any clarification/advice on these points would be very much appreciated.
Apologies for posting this as a new thread since it does relate to two threads I have started previously. However, my questions here relate to general legal procedure and are not claim specific.
Any replies may well be of interest to others going down the N244 route and would probably not be easily spotted if buried in the detail of a specific claim thread.
In November I attended the court hearing for an N244 application I had made for a court order requiring MKDP to supply copy assignment notices that were still outstanding from CPR 31.14 requests I made several months ago.
Despite a lot of bluff and bluster from the MKDP representative the judge ruled in my favour and made an order requiring MKDP to supply the two missing assignments within 7 days.
Eventually I did receive the copy assignments (albeit late) and so thought that MKDP may have done just enough to comply with the order. However, when I rang the court on Monday this week to find out where I needed to send my defence they told me that the claims had been struck out as the copy assignments had not been received by the court.
My first question is... where does the documentation requested in a court order have to be sent. I had assumed that it should be sent to me but it seems that the court were expecting it to be sent to them... is this correct?
My second question relates to what MKDP would have to do to re-instate these claims. The court official told me that they would have to make an application to the court and this would require a hearing. I would be notified and could attend to contest the re-instatement if I wished. Does anyone know if this advice is right?
My third question concerns how I stand going forwards. Even if MKDP do not apply for re-instatement is there anything to stop them merely issuing the same claims all over again?
Finally, I would like to know how this affects 'the clock' in terms of these debts becoming statute barred. I know the clock stopped once MKDP instigated the claims against me. However, now these have failed (at least for now), does the clock stay frozen, start again from where it was before the claims were issued or restart from zero (i.e. another 6 years to wait?).
Unfortunately I'm not clear on any of the above so any clarification/advice on these points would be very much appreciated.
