Defamation Claim Help

[EXC]

I'm going to send you the draft witness statement in 'Word' now so you can edit or correct any errors or dates. If & when you're happy with it save it as a PDF and file it (and send copies to the claimant) with the completed form https://assets.publishing.service.go...4_web_0818.pdf

On the form where it says how you want the application dealt with, tick the box for 'without a hearing'. Leave the question about what level of judge blank. Where it asks who should be served with the application put the claimant. Where it asks what order you are asking the court to make and why, just put ''An Order to strike out the Claim - please refer to attached witness statement''. Where it asks if you've attached a draft order put ''please refer to attached witness statement''.

I think you'll have to pay the £255 application fee when you file it but hopefully you should get that awarded to you!

[Riannabri]

All sent and registered - THANK YOU and the fee was only £100


Confirmation from them:

The fee for submitting an N244 Application Notice is £100.00

How to pay the fee:

• You can pay using a debit or credit card by calling 0300 123 7050 between 9:15AM and 3:00PM Monday to Friday. Once your payment has been made you can email your application to the email address below.

[EXC]

Ok!

Best of luck and let us know what happens!!

[Riannabri]

I have emailed you......

You are not going to believe this

So, I paid for and registered the strike out on 12th October and today I got this email as below from Money claims

On calling the court they state they have never received the Strike out from Money claims or had any notification that I had even made any contact with Moneyclaims and that it went in front of the judge on Monday, they have said to send them all of the information direct to their email but it may be too late as he/she could have made a decision

Totally unbelievable, what do I do?

From: contactocmc <contactocmc@justice.gov.uk>
Sent: 30 October 2020 14:00

Good afternoon.

Thank you for your email.

In relation to queries regarding this case, all correspondence should be directed to the owning court, detailed below

Chelmsford Justice Centre

Email: enquiries.chelmsford.countycourt@justice.gov.uk

Phone Enquiries:

0344 892 4000

(from 9am to 5pm)

[EXC]

Ok firstly just so I understand, the email above it references an email you sent them. Why and what did you send them an email?

Also when you say they said '' it went in front of the judge on Monday'', what do you mean by ''it''? It won't have been the actual case as it's far too early for that.

I don't really understand why the case has been assigned to a court yet. Both parties would have had to have been sent (and returned) Directions Questionnaires for that to have happened and you haven't got the DQs yet have you?

You should resend the application AND your reply to the claim to Chelmsford with a covering email explaining that you'd already filed them with Moneyclaim Online and give the dates of when.

[Riannabri]

No I did not email or contact Moneyclaims <contactocmc@justice.gov.uk , I received an email from them (as my previous thread) in reply to my Strike out. I sent the Strike out on 12th October and then phoned them to ask the next stage and they stated they would email me to tell me that it had been registered with the courts and this could take a while, I assumed this was the standard process and only yesterday did I receive this email.

Regarding Directions Questionnaires, no I have not received anything, in all emails and phone convo's I state I would not be at the UK address until April at the earliest so all contact should be via email, Hoping they have not gnored this also and sent paperwork to the UK address

When I received this email from Money-claims I immediately phoned the court, this was the first I even knew that it had been assigned to a specific court. On speaking with them the lady looked at the case notes and stated there had been no communication from money-claims sending any of my information whatsoever and they had not forwarded or registered the strike out document. She also stated that it had gone in front of the judge on Monday and that the claimant was aware as she had phoned Thursday and Friday to get an update - It was the first that I even know it had been assigned to a court , let alone a judge.

She then told me to send the strike out form with the other emails received from Money-claims to the email given and the courts would look at it, she confirmed she could do nothing other than to put notes on the screen as a call handler.

I did email the courts immediately after our conversation sending all documentation and stating to them that my strike out was registered on 12th October although it had not been forwarded too them, I also included all other relevant documents and emails as they had me as not replying to Money-claims

[EXC]

Ok I think that's all you can do for the moment. Obviously keep me posted.

[Riannabri]

After many phone calls and complaints and so forth finally I have a reply and its Good News so THANK you so much with your help - I did pay so they have that part incorrect!! You will never believe the errors in this case by Moneyclaims!!!



Between the 26^th October & 5^th November 2020 there are records of telephone calls involving yourself & OCMC, then on 5^th November 2020 the attached letter was sent from our office at Chelmsford to the claimant with a response from the District Judge stating that the County Court does not have jurisdiction to deal with claims for damages for defamation unless both parties agree. To date I can’t see any evidence of a response from claimant has replied.



Having searched our mailbox I have retrieved your application to strike out. If you have paid the fee already please provide evidence to support this & we will action the application immediately upon receipt of your completed form.

[EXC]

Err ok!

But I'm not sure if that email saying the case can't be started in the County Court is in response to your strike out application or not. It's not a formal court order. However it looks like the judge has slung the case out so well done!

In your application you did ask the court to award you the filing fee so if you haven't already done so give them the proof you paid the fee and ask what the status is of your application and indeed the fee.

[EXC]

....thinking about it that email must have been in response to the claimant's letter to the court saying they had no objection to the case being transfered to the High Court. You need to find out the status of your application and the fee as you should be awarded it.

[Riannabri]

But I'm not sure if that email saying the case can't be started in the County Court is in response to your strike out application or not. It's not a formal court order. However it looks like the judge has slung the case out so well done!

In your application you did ask the court to award you the filing fee so if you haven't already done so give them the proof you paid the fee and ask what the status is of your application and indeed the fee

It was in response to the court finally being sent my Strike out and paperwork and a manager at Moneyclaims overseeing their many blunders.

Despite me having to pay the initial strike out fees I also have to now pay the Court fee which is madness considering Moneyclaims have admitted in a recorded phone call that they made the error by sending this to the court and they agreed it should never have been even processed. Also strange they state the ruling was made on the 5th when in fact it was not made until today.

I was then told to put in a Moneyclaim for the fees to the claimant - Unsure if I should or to leave it as it is?