Case struck out - I hope.

[glasscake]

Hiya

(I posted this yesterday at the end of an old post so not sure if it was seen)

I think my claim has been struck out but I just wanted to check I'm reading the order right. I sent in an Application Notice on the 20th of October requesting the claim be struck out if Capquest couldn't supply the CA. The court ordered on the 12th of Nov that Capquest had 7 days to comply or the case be struck out as they'd failed to comply with a previous order. I understand that bit and they haven't sent me the CA so I'm guessing it's struck out but on the first page, it says that the Application must be heard on notice to the claimant and that the claim has been transferred to my local court. Does this mean a judge looks at the order a again? I've emailed the court to confirm that they've not sent the CA so I'm hoping that's it as it's been a loooong 11 months!!!

many thanks

[nemesis45]

Re: Case struck out - I hope.

Hiya

(I posted this yesterday at the end of an old post so not sure if it was seen)

I think my claim has been struck out but I just wanted to check I'm reading the order right. I sent in an Application Notice on the 20th of October requesting the claim be struck out if Capquest couldn't supply the CA. The court ordered on the 12th of Nov that Capquest had 7 days to comply or the case be struck out as they'd failed to comply with a previous order. I understand that bit and they haven't sent me the CA so I'm guessing it's struck out but on the first page, it says that the Application must be heard on notice to the claimant and that the claim has been transferred to my local court. Does this mean a judge looks at the order a again? I've emailed the court to confirm that they've not sent the CA so I'm hoping that's it as it's been a loooong 11 months!!!

many thanks

I don't think that this has been struck out! If you read carefully.

The Application must be heard on notice to the Claimant and The claim has been transferred to your local court.
It would seem to me that you did not give notice to the claimant that you intended to make the application.
I suggest you check with the court by phone tomorrow morning

[glasscake]

Re: Case struck out - I hope.

Ohh dear, I thought this was all over! So does this mean that my application will be read by another judge at my local court and that he might not strike out the claim even though cap quest haven't supplied the CA. They've had since February!!!

[nemesis45]

Re: Case struck out - I hope.

[QUOTE=glasscake;596798]Ohh dear, I thought this was all over! So does this mean that my application will be read by another judge at my local court and that he might not strike out the claim even though cap quest haven't supplied the CA. They've had since February!!![/QUOTE
Did you give the claimant notice that you intended to apply for the strike out?

Check with the court by phone tomorrow it's now 13 days since that order was made.

nem

[glasscake]

Re: Case struck out - I hope.

No I didn't. I thought that the court would notify the other side about the order. :-(. I'll ring tomorrow.