can struck out action be claimed in a second court action

[chindit]

hello can someone please advise if a claim is successfully struck out can the claimant issue new proceedings for the same debt.kind regards.

[MissFM]

Re: can struck out action be claimed in a second court action

Hi Chindit

http://civillitigationbrief.wordpres...een-dismissed/

Is this any use?

[chindit]

Re: can struck out action be claimed in a second court action

hi and thanks for your input i just struggled to understand that case. my case is a claim for debt i defended the claimant did not respond to my defence so the case is stayed.i would like to apply to have it struck out.but if they could issue fresh claim for the same debt there would be no point .kind regards chindit.

[MissFM]

Re: can struck out action be claimed in a second court action

I struggle to understand that kind of thing, too, Chindit. What it seemed to me to be saying was that, although another claim could theoretically be issued, it would be that much harder for the claimant to justify it.

But I've no doubt that someone more knowledgeable will be able to give you more help

[chindit]

Re: can struck out action be claimed in a second court action

thank-you.

[FlamingParrot]

Re: can struck out action be claimed in a second court action

hi and thanks for your input i just struggled to understand that case. my case is a claim for debt i defended the claimant did not respond to my defence so the case is stayed.i would like to apply to have it struck out.but if they could issue fresh claim for the same debt there would be no point .kind regards chindit.

I think there was a case here where that had actually happened - an old claim was stayed for year and the claimant issued a new claim rather than applying to lift the stay.

I have found the case in question: http://www.legalbeagles.info/forums/...027#post429027

...in particular, this post by PT2537:

The second claim becomes an abuse of the court process.

Its the second claim that should be struck out

[chindit]

Re: can struck out action be claimed in a second court action

hello thanks for that input it seems the debt is not ever truly over if a dca want to keep applying they can.but i guess by getting it struck out it may deter them pressing further.and go for easier pickings.kind regards for all the help.