Claimant claim struck off not replying to court

[Huricuri]

Hi
5years ago dca took us to court for a agreement we did not take out we refuted this tap dance took us to court we answered all documents claimant did not judge struck claim off after 28days 5years later dca wake up and want us to tell what happen and want all paperwork. what can they do what should we do reply yo them or not advice wanted thanks

[Curlyben]

Re: Claimant claim struck off not replying to court

There's very little they can really do as it is most likely statute barred at this point, but they will most likely confuse the issue and claim all sorts.
Unless the actual cause of action is substantially different they cannot simple reopen the old claim.

[alham]

Re: Claimant claim struck off not replying to court

"Don't tell them your name Pike." If needed, refer them to the court judgement.

[bluebottle]

Re: Claimant claim struck off not replying to court

If the judge who heard the case struck-out the claim, that decision is final, unless the DCA appealed the judgement and the appeal was upheld. You need to establish whether the judgement was appealed and found in favour of the DCA. If it has not, you can politely tell the DCA to go swivel.

[alham]

Re: Claimant claim struck off not replying to court

But if DCA is asking for information then they have not a clue, and anyway if judgement was set aside Huricuri would have been notified about it 5 years ago

[bluebottle]

Re: Claimant claim struck off not replying to court

Agreed, Alham. If it was me, I would first check to confirm that the DCA and OC had not been granted set aside, then refuse to provide them with any documentation. As CB says, they simply cannot re-open the same claim unless there is a substantially different cause of action.

[miliitant]

Re: Claimant claim struck off not replying to court

Discontinuance and subsequent proceedings

38.7

A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –
(a) he discontinued the claim after the defendant filed a defence; and

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.