Lowell Portfolio - Claim and Defence Struck Out. What next???

[tranceformer81]

Hi,

I received a Claim form in December 2015 and was due to go to the court hearing on Thursday 2nd June until today when I received the attached letter. From reading various threads, I was able to get an understanding of the processes involved and managed to get to this stage without having to post a thread on here.

But now after receiving a letter from the court stating both the claim and defence have been struck out, Im unsure as to what happens next.

Any advice appreciated.

[Brainmelt]

Re: Lowell Portfolio - Claim and Defence Struck Out. What next???

Hi Trance

I've seen threads on here re defendants making a good case and having the claimants case 'struck out' but yours is the first I've come across where the defendants has been struck out as well!

Hopefully Nem/Charity will pick up on this and explain
but i would have thought a being 'struck out' means case is cancelled/no case to answer unless either side has a reason for it to be brought back before a judge and has to state this within a time restriction??

[Kati]

Re: Lowell Portfolio - Claim and Defence Struck Out. What next???

I'll tag [MENTION=6]Amethyst[/MENTION] and [MENTION=2]Celestine[/MENTION] (Nem's away for a few days ) xx

[tranceformer81]

Re: Lowell Portfolio - Claim and Defence Struck Out. What next???

Hi Trance

I've seen threads on here re defendants making a good case and having the claimants case 'struck out' but yours is the first I've come across where the defendants has been struck out as well!

Hopefully Nem/Charity will pick up on this and explain
but i would have thought a being 'struck out' means case is cancelled/no case to answer unless either side has a reason for it to be brought back before a judge and has to state this within a time restriction??

From what I can gather from the letter, Lowell Portfolio or Lowell solicitors have emailed their evidence the day after the deadline and the judge has struck out based on that. They have also claimed they haven't received my evidence (despite the fact I have sent it and have the receipts and tracking to prove it and the judge confirmed that the court had received their copy) which may be why my defence has been struck out.

[charitynjw]

Re: Lowell Portfolio - Claim and Defence Struck Out. What next???

Hi tranceformer81

The obvious thing to do is to phone the court asap to check on the status of the claim, & to verify that a copy of the defence is on file, even though, as it looks as if the claim is now dead, a defence is no longer needed.

Courts are becoming more strict regarding timetabled deadlines, & Claimants/Defendants ignore them at their peril.

[Amethyst]

Re: Lowell Portfolio - Claim and Defence Struck Out. What next???

That first line on the court letter, Having read the email dated 25 May which p.................. the deadline of the unless order ..................... and ......................noting that the Claiamant says that the Defendant has not filed evidence with them but theDefendant .................................... the claim 24 May ................... - I can't read the dotted bits - could you type it out please. Actually the next line's not great either... sorry - maybe it's early and I was trying to read it at 90 degrees ( angle, not heat !)

[tranceformer81]

Re: Lowell Portfolio - Claim and Defence Struck Out. What next???

Hi tranceformer81


The obvious thing to do is to phone the court asap to check on the status of the claim, & to verify that a copy of the defence is on file, even though, as it looks as if the claim is now dead, a defence is no longer needed.


Courts are becoming more strict regarding timetabled deadlines, & Claimants/Defendants ignore them at their peril.

Cheers. Only seen the letter late Friday night when I got in from work so was gonna ring the court when it reopens on Tuesday. Just wanted to see if I could get some advice in the meantime while waiting.

That first line on the court letter, Having read the email dated 25 May which p.................. the deadline of the unless order ..................... and ......................noting that the Claiamant says that the Defendant has not filed evidence with them but theDefendant .................................... the claim 24 May ................... - I can't read the dotted bits - could you type it out please. Actually the next line's not great either... sorry - maybe it's early and I was trying to read it at 90 degrees ( angle, not heat !)

Sorry about the image. Was taken on my phone. Below is the letter typed out.


Before District Judge Gordon sitting at the County Court at Wigan.


Upon reading the email dated 25 May 2016 which postdates the deadline of the unless order and upon noting that the Claimant says the Defendant has not filed evidence with them but the Defendant having filed evidence with the Court on 24 May 2016.


IT IS ORDERED THAT


Upon the Claimant and Defendant having failed to comply with the order dated the 16 May 2016 and accordingly the claimant's statement of case and the defendant's statement of case having been struck out


IT IS ORDERED THAT
The claim and the defence having been struck out, the hearing of the 02 June is vacated and neither party is required to attend.


Dated 26 May 2016.






Also below is the unless order the judge refers to.


IT IS ORDERED THAT


Unless the Claimant do by 4.00 pm on the 24 May 2016


1. Send to the defendant and send to the court copies of all documents that they intend to rely on at the trial of this matter, (or confirm to the defendant and the court, in writing that there are no such documents), and


2. Send to the defendant and send to the court witness statements (or confirm in writing to the defendant and the court that they do not intend to rely on oral evidence at the trial of this matter), to comply with the directions given in this matter on the 18 April 2016, for the lodging at court and serving on the other party of documents and witness statements then the claim shall be and is by this order struck out.


Unless the Defendant do by 4.00 pm on the 24 May 2016.


1. Send to the claimant and send to the court copies of all documents that they intend to rely on at the trial of this matter, (or confirm to the claimant and the court, in writing that there are no such documents), and


2. Send to the claimant and send to the court witness statements (or confirm in writing to the claimant and the court that they do not intend to rely on oral evidence at the trial of this matter), to comply with the directions given in this matter on the 18 April 2016, for the lodging at court and serving on the other party of documents and witness statements then the defence shall be and is by this order struck out and the Claimant shall be permitted to apply for judgement for the amount claimed, interest if pleaded, and costs.


Dated 16 May 2016