Struck out

[Andy75]

Hi All,

New to the forum , so apologies if I am naive with any etiquette.

issue

1. My section 21 struck out ( non attendance) ( January 22) ( served August 2020)
2. Claimants Representative ( CR) applied N244 to courts
3. I was cc without viewing the N244 or evidence referred to in the witness statement .
4 CR states they had not received the trial date.
5. I have correspondence stating CR haven't adhered to the order ( the submissions of paper bundle to myself and the court within the deadline ). Therefore ,this is notification in itself
6. I also CC the courts asking if they had received the bundle which was part of the order.
7. The CR has been obstructive and uncooperative throughout . At one point prior to the strike out they stated ' seek legal advice' knowing I am a LIP .

Can anyone help on the process of responding to a N244 -
I believe my evidence demonstrates it is a vexatious claim with little chances of the Claimant winning. Abuse of process and contempt of court.

The process is obviously very stressful , especially considering the length ( fast track).

Many Thanks

[R0b]

Hello

What section 21 of the law are you talking about? I presume you are referring to a s.21 eviction notice but you need to be clear as we can't be expected to know since there are thousands of section 21's in various legislation.

If you are seeking a s.21 then how come you are not the claimant and instead the defendant? Further explanation would be helpful.

Also, if your s.21 was struck out then why is the CR making an application for N244?

What does 'cc' mean?

[Andy75]

Hi Rob,

Apologies, yes In regards to a housing matter .
I am the defendant in this case. The case was struck out . The Claimant and CR did not attend court and I requested a strike out.

The CR submitted an N244 and requested the case be reinstated. They state they did not receive the court order ( the courts confirmed they sent out via post with mine ).
They also stated I did not tell them about the court date either .
I have evidence I referred to the month of the court date along with requesting information due to the deadline quoted on the previous order.
At no point was I aware they had not received the order.

I was advised to contact the SRA in regards to their conduct ( uncooperative , obstructive and offensive ) .

Responding to this N244 form.
Am I able to state their conduct and the overriding objective etc . They also stated they had 51% chance of success ,however believe it's at zero . Am I able to state this in my response ? I believe they are drawing money out of their client knowing the claim cannot succeed.
Am I able to state within the N244 , abuse of process ? Do I quote each rule ?

Thanks for assistance.