Defendant has applied to have claim struck out

[Jane Doe]

PLease can someone help. I have started a claim rising from Breach of Contract. The Defendant wants the claim struck out without a hearing because the POC wasn't submitted in time and they say the POC wasn't clear. I am now getting stressed with it all.
Will the court write to me before it is considered? and secondly, I have drafted a response, I am not sure if I have done it right and if it has to be submitted within a specific time limit. Can anyone give me some guidance.

thank you.

[R0b]

Re: Defendant has applied to have claim struck out

PLease can someone help. I have started a claim rising from Breach of Contract. The Defendant wants the claim struck out without a hearing because the POC wasn't submitted in time and they say the POC wasn't clear. I am now getting stressed with it all.
Will the court write to me before it is considered? and secondly, I have drafted a response, I am not sure if I have done it right and if it has to be submitted within a specific time limit. Can anyone give me some guidance.

thank you.

Hello Jane, more information would be of use. Did you issue the claim online or was it by a paper application? Was there any reference in your claim that the POC were to follow?

Have you asked why they have sent a without notice to strike out and how did you know about it? do you have a copy of the strike out application?

If you said in your POC that they are to follow you have 14 days from the date of the claim being issued to send the POC or they can apply to strike out the claim. Strike outs are a draconian measure and should only be used sparingly but it depends on what steps you have taken as part of your claim and whether you have complied with the Civil Procedure Rules.

[Jane Doe]

Re: Defendant has applied to have claim struck out

Hi,
Thank you for replying. I started the claim online and said POC would be sent within 14 days. I was a few days late sending it. I have a notice that the claim has been transferred to a County Court with a request it be struck out without a hearing as the POC didn't comply with the rules by being sent late. They are also saying the POC's aren't clear. I have typed up a rough draft in response explaining why there was a delay and brief details about the case. Hope that explanation helps.

[R0b]

Re: Defendant has applied to have claim struck out

Well, I would suggest you write to the Court tomorrow and lodge an objection requesting that they put your arguments to dismiss before the judge. In addition I would suggest you write to the Defendant's too objecting to this without notice as no good reason to not inform you or have the hearing.

I have drafted a couple of very rough letters attached to this post, perhaps you might want to fill in the gaps and ping them off. If the claim is struck out then your only option for an application for relief for retrospective service of the claim form.

You also need a good reason why you were late not just "you were busy or forgot" because that won't cut it. You should have really just drafted the Particulars of Claim first before serving them together with the claim or made sure they were drafted and then sent on straight away. Theres a reason why you should comply with the rules and orders and this is what happens when for failing to comply!

What was within your POC?

[Jane Doe]

Re: Defendant has applied to have claim struck out

Thank you so much for your help