Application for Strike Out

[smith69]

Hi All,

Could someone please confirm what form number or a link a form?

The form i am looking for is to make an application to strike out a claim in the small claims court. I have looked for the obvious but can not find it and the court staff are not being very helpful when i telephone them

Thanks

[R0b]

Re: Application for Strike Out

N244 Form - https://formfinder.hmctsformfinder.j...k/n244-eng.pdf

IF you are seeking to strike out then you will need to refer to one or more of the reasons why you wish to strike out under CPR 3.4 (2) as part of your application

[Diana M]

Re: Application for Strike Out

The form i am looking for is to make an application to strike out a claim in the small claims court.

Hello

May I ask for a little bit more information before you fill in any forms and possibly part with any fee involved.

Making an application doesn't guarantee the court will grant your application to strike out the claim especially if the other side contests your application.

And if it all goes pear shaped you could be lumbered with their costs of a failed application (even in the Small Claims Court).

So back to the beginning.

Who is claiming what and why?

And equally importantly what stage have these legal proceedings reached?

Di

[smith69]

Re: Application for Strike Out

Hi

Thanks for the link.

I have a free legal advice service with my house insurance, i have had a chat with them. They advised me to go down this route but they were more interested in trying to give me a fee quote to make an application.

Here's what has happened -

I provide accountancy services. Mr A applied as an individual to provide the services to him. I followed the normal procedure and followed the CCD - Customer Due Diligence procedures for Money Laundering Regulations. Everything seemed fine however when it came to payment before agreeing to provide the services, the client could not pay for the services from an account in his name online. He was prompted about this and became very irate sadly.

As the client was non face to face and they could not pay via an account in their name, we had to decline the business and follow procedure. MLR businesses have to follow a risk assessment, which was not satisfied. The client was later refunded.

Next thing we know is that we have a claim form - no LBA apart from an email stating see you in court.

He claims because i did not provide the services it left him unable to submit his accounts in time and has caused penalty/fines.

I have emailed them and asked for evidence of this, they have now emailed me a letter from companies house in relation to fines to a LTD Co, which i was not in contract with nor had any involvement. They are a director of the company.

The claim has been made in his name personally against my trading as name ( i am a LTD company)

My reasons for asking for a strike out are as follow (at the moment) -

1. The claim has been made by Mr A to recover a debt due as a company he is director of has been fined. The letter clearly states the debt is a debt of the company and not his. (basically claiming a debt for a third party but him listed as the claimant)

2. I never have had contract with the company in question or provided services to them.

3. The claim has been made against a trading as name and not my company.

I have summed this up and would be more formal if i continue. Would you need any more details?

[smith69]

Re: Application for Strike Out

Also the claim amount does not match up with the fine/penalty letter even including the court fee or "interest"

[R0b]

Re: Application for Strike Out

Also the claim amount does not match up with the fine/penalty letter even including the court fee or "interest"

On the face of it, your claim would appear to be suitable for a strike out application. It is common for a strike out application to be combined with a summary judgment application as if you fail on one, you might succeed on the other.

I am assuming you have the evidence to show that the contract was made between your Ltd Co. and Mr A personally?

Other points to note is that even if he is now claiming that the work related you were instructed on related to Mr A's Ltd Co. then it is the Ltd Co. who is the claimant and not Mr A. The Claim could be brought by Mr A as a director, but it is done so on behalf of the Ltd Co. Therefore, unless the claim is brought by the Ltd Co. the claim is not valid.

Reasons to strike out can also include a failure to comply with any orders by the court, the Civil Procedure Rules and any Practice Directions under it.