Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



+ Reply to Thread
Results 1 to 12 of 12
  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Cherry123 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    Posts
    6

    Lightbulb Can anyone advise on action after defence has been struck out?

    Hi
    This is the first time i've used this website and not finding it easy to find my way around. I've been through the process of reclaimin my bank charges and just over 2 weeks ago the court wrote me a letter considering striking the defence out on the basis that they had no intention on defending it and abusing the court process. The court gave the solicitors 2 weeks to object to the strike out. Most people i who have been on the same time scale as me had an offer before the 2 weeks was up but i have heard nothing. Does anyone know what i do next?

    Thanks
    Chez

    Similar Threads:

  2. #2
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Cherry123 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    Posts
    6

    Lightbulb No contact from DG since consideration 2 strike out defence - help!!

    Hi
    This is the first time i've used this website and not finding it easy to find my way around. I've been through the process of reclaimin my bank charges and just over 2 weeks ago the court wrote me a letter considering striking the defence out on the basis that they had no intention on defending it and abusing the court process. The court gave the solicitors 2 weeks to object to the strike out. Most people i who have been on the same time scale as me had an offer before the 2 weeks was up but i have heard nothing. Does anyone know what i do next?

    Thanks
    Chez


  3. #3
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    Posts
    5,150

    Default Re: Can anyone advise on action after defence has been struck out?

    Which court and bank is this for?


  4. #4
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Cherry123 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    Posts
    6

    Default Re: Can anyone advise on action after defence has been struck out?

    It's Lincoln court and HSBCicon


  5. #5
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    Posts
    5,150

    Default Re: Can anyone advise on action after defence has been struck out?

    Ok the court will write to you telling you of HSBCicon's response to this so expect a reply soon.
    Expect settlement to follow.
    When is your court date?


  6. #6
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Cherry123 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    Posts
    6

    Default Re: Can anyone advise on action after defence has been struck out?

    I have not been given a court date. All that has been put in the letter from the court is that "If the defandant objects to the proposed strike out it is ordered to file, within 14 days of the date of service of this order". The 14 days have now passed and i haven't heard anything yet. So should i expect a letter from the court now? What should i expect to hear do you think? Many thanks for your help!


  7. #7
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    Posts
    5,150

    Default Re: Can anyone advise on action after defence has been struck out?

    Yes you should expect a letter anytime but you can call the court.


  8. #8
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Cherry123 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    Posts
    6

    Default Re: Can anyone advise on action after defence has been struck out?

    Thanks, i will do


  9. #9
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    Posts
    5,150

    Default Re: Can anyone advise on action after defence has been struck out?

    Ok let me know how you got on.


  10. #10
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    chauvesouris Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2007
    I am in
    South of England
    Posts
    106

    Default Re: No contact from DG since consideration 2 strike out defence - help!!

    The two weeks will have begun from the date that order was served on DG. But once you get to that date, it will still take a little while for the courts to get back to you (whether DG have responded or not). So your best options are probably to sit tight and give the court a chance to write to you (this is the English legal system - it is not famed for its speed). Then if you haven't heard anything in a couple of weeks, it might be time to call the court and see what is happening with your case.

    Out of interesticon, which court are you in? And did you request the strikeout order?


  11. #11
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    hagenuk Authoritative hagenuk Authoritative hagenuk Authoritative hagenuk Authoritative hagenuk Authoritative hagenuk Authoritative hagenuk Authoritative hagenuk Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    Posts
    2,199

    Default Re: Can anyone advise on action after defence has been struck out?

    Do not wait for the court, you must enter a Judgement in Default as the defence has been struck out. To enter Judgment in Default you will need to obtain a Form from the court, this is known as a "Request for Judgment" Form.

    The form you need is an N225, here http://www.hmcourts-service.gov.uk/H...forms_id =465

    Complete this and file it with the court where you filed your claim.

    The court will send an N30 [Judgment for Claimant (in default)] and when you receive this judgment has been granted.

    This can then be enforced, by issuing a warrant of executionicon. In order to do this you will need to file an N323 (request to issue a warrant of executionicon) but let us not get ahead of ourselves, this may not be necessary.

    File the N225 as soon as you can and obtain the judgment first.

    iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.
    Vanquis - Claim issued, no AoS or Defence received

  12. #12
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Devon
    Posts
    9,526

    Default Re: Can anyone advise on action after defence has been struck out?

    Threads merged and moved to HSBCicon forum.






    I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.


Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE