Still Waiting for Response to CPR31.14 Request Can I Apply for Strike Out

[jay11]

Received claim form dated 29/02/2016 from Hoist Portfolio Holding 2 Ltd. Sent CPR31.14 request on 9/03/2016. On 01/04/2016 the claimant said they are still looking for the documents and gave a "general extension of time". And will give a further 14 days for submitting defence after providing the documents I have requested in CPR31.14.

It is now 39 days later and have not heard anything back from them.

Can I apply to the court to have the case struck out with immediate effect? Or do I need to give them any further deadlines/chances to comply?

Any help or advice on what to do from here would be very much appreciated.

[nemesis45]

Re: Still Waiting for Response to CPR31.14 Request Can I Apply for Strike Out

Hello Jay,

Do you have a thread on this claim so we can see some history?

I would not be relying on HPH2 stating a " general extension of time" I think you need to phone the court to check exactly is going on.

Then it will be easier to consider the next move.

nem

[jay11]

Re: Still Waiting for Response to CPR31.14 Request Can I Apply for Strike Out

Hi Nem
Thanks for the quick response
No thread yet
I've spoken with the court today and its all in standby
Last time I've heard from HPH2 solicitors was on the 1st of April as below :
"We are currently in the process of retrieving the documents requested.
Therefore, please accept this letter as our agreement to a general extension of time.
Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the Claim Form as you feel appropriate.
We trust this is in order."

[nemesis45]

Re: Still Waiting for Response to CPR31.14 Request Can I Apply for Strike Out

Hi Nem
Thanks for the quick response
No thread yet
I've spoken with the court today and its all in standby
Last time I've heard from HPH2 solicitors was on the 1st of April as below :
"We are currently in the process of retrieving the documents requested.
Therefore, please accept this letter as our agreement to a general extension of time.
Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the Claim Form as you feel appropriate.
We trust this is in order."

Have to agree this is a very long delay, you could write to the claimant stating if they can't supply the agreement you seek to have the claim struck out at their costs, so you are suggesting that they withdraw the claim in the interest of saving costs and court time.
Give them 10 days more then write.

nem

I suspect they are trying to come up with a " reconstituted " agreement because the original in unavailable.

[charitynjw]

Re: Still Waiting for Response to CPR31.14 Request Can I Apply for Strike Out

Claim issue date 29/02/2016 + 33 days = 02/04/2016.

Even if the 28 day extension was allowed (did you contact the court to ok this?), that would be 30/04/2016. (Saturday)

By my calcs, the court deadline was 4pm Mon 02/05/2016? (If extension was ok'd)

What does 'it's all in standby' mean?

@nemesis45 for comment?

[jay11]

Re: Still Waiting for Response to CPR31.14 Request Can I Apply for Strike Out

@nemesis45
HPH2 lawyers requested by letter an extention of time to provide the documents requested on CPR31.14
I've spoke with the court today for an update and they're response was that everything is on standby
They emailed me the following information after my call :
"If you think that a claim has been issued against you incorrectly you may apply tostrike out the claim using the attached N244 Application Notice. Please ensure you give your reason(s) for wanting the claim struck out. "

Thanks in advance for all the help
Jay

[nemesis45]

Re: Still Waiting for Response to CPR31.14 Request Can I Apply for Strike Out

@nemesis45
HPH2 lawyers requested by letter an extention of time to provide the documents requested on CPR31.14
I've spoke with the court today for an update and they're response was that everything is on standby
They emailed me the following information after my call :
"If you think that a claim has been issued against you incorrectly you may apply tostrike out the claim using the attached N244 Application Notice. Please ensure you give your reason(s) for wanting the claim struck out. "

Thanks in advance for all the help
Jay

If the claim stays on " standby " for too long strike out may be the best option.

nem

[jay11]

Re: Still Waiting for Response to CPR31.14 Request Can I Apply for Strike Out

@nemesis45 @charitynjw
Do I need to give the claimant a notice period to provide the documents or can I just apply to the court for the claim to be struck out.
Also in the claim can I ask for an immediate strike out or will the court want a notice period for them to comply following which it will be struck out?

[jay11]

Re: Still Waiting for Response to CPR31.14 Request Can I Apply for Strike Out

Any help on the above question will be much appreciated

[mystery1]

Re: Still Waiting for Response to CPR31.14 Request Can I Apply for Strike Out

This is like russian roulette and i wouldn't advise you to play that game !! They can now apply for a default judgement. You need to defend or apply for strike out immediately before they do so, and they may even if they promise not to. They are taking the piss.

M1

[nemesis45]

Re: Still Waiting for Response to CPR31.14 Request Can I Apply for Strike Out

@nemesis45 @charitynjw
Do I need to give the claimant a notice period to provide the documents or can I just apply to the court for the claim to be struck out.
Also in the claim can I ask for an immediate strike out or will the court want a notice period for them to comply following which it will be struck out?

It's best to write to the claimants solicitors along the lines of.

Ref: CC Claim No,

Sir? Madam,

I refer to CC Claim No................................:

Which has been stayed since date........................: it has become clear that your client is not in possession of the documents needed to proceed with this claim I therefore give notice that within 7 days of the date hereon I will apply to the court for the claim to be struck out and will seek the costs of the application from your client.

I suggest that your client should be advised to discontinue this claim in the interest of saving costs and court time.

An immediate response is required.

Yours etc.

Use signed for post check delivery date and signature.

nem