Abuse of fair and proper procedures

[deband1980]

Hi, this is in relation to the kind advise that I was giving about the Defendants strike out application which as I now understand matter's is within the defendants legal rights as to apply for..

However before the Defendants made application and the Court have evidently allowed the Defendant's this opportunity, both the Court and the Defendants could well be in breach of process and such application to strike out the claim has further been breached, and in particular, the Court for allowing this application proceed.

I have maintained that I have followed all correct rules and procedures.

And here's why I believe a breach of process has been committed and would be grateful if someone could please clarify the legal position.

A claim form was sent and issued by the Court and sent to all parties thereafter.

On the claim form I clearly indicated that a particulars of claim would follow, and within the 14 day period allowed under CPR for the particulars to be served.

This was the case and the particulars were sent and by next day guarantee service by Royal Mail, and the Royal Mail have provided data as to establish the Defendants did sign for the POC, accordingly.

I served thereafter a certificate of service which was filed with the Court and the Defendants were also provided with this document of service.

The Defendants failed and within the period of time allowed to acknowledge the claim and subsequently failed to provide a defence, this despite having the claim form and particular's of claim in their possession, and the certificate of service.

I filed and requested that judgement in default of the Defendant's not providing a defence be entered, the Court failed to enter judgement in default, or even consider this application?

I have and on numerous occasions politely asked them to give reasons why the failed to follow the procedures which I assume they have an obligation and a duty to follow, regardlesly but to no avail.

Any advise on this would be appreciated, whilst in no way qualified to confirm that there are strong ground's as to suggest an abuse of process, based on the facts, more likely than not likely, this has been the case.

Thank's.

[Amethyst]

When was the application to strike made ? ( before you requested default judgment ?)

[Amethyst]

Ahhh from your other thread

The Defendants application to strike out the claim was made before the time to provide a defence had expired,

so, yes, that application will be considered first and puts a bar on you obtaining default judgment.

[deband1980]

When was the application to strike made ? ( before you requested default judgment ?)

Thanks for your response, no the strike out application was made after default judgement was requested and ignored, unfortunately.

[deband1980]

Thanks for your response, no the strike out application was made after default judgement was requested and ignored, unfortunately.

The Defendants are alleging that they did not receive the POC, evidently they did.

So the Court allowed them thereafter to acknowledge the claim and make application to strike my claim out.

[deband1980]

Any help, as always would be greatly appreciated, thanks

[deband1980]

Any help, as always would be greatly appreciated, thanks

Have now decided to opt for a judicial review, clearly something is not quite right.