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  1. Hello I am suing a builder, without legal representation, so it has been a very steep learning curve! Late November, and most of December 2017 I was ill wilth Flu combined with Shingles - the latter affecting eyesight. I know this was a stress thing. My question really is that documents should have been exchanged on 14th November 2017, i attended Defendant's solicitors (partly to keep my costs down) at the correct time and date and saw defendant's Solicitor's assistant - Solicitor was busy! I duly handed over my information, none forthcoming from the other side. I was not unduly worried as such because I thought perhaps that was how it worked! Around the 5th/6th December I received a large envelope from Defendant's solicitors with paperwork in it, these being the documents that should have been exchanged before. My only real questionable thing about them was a couple of the items included were from MY information, which he did'nt have before my visit to exchange! I received a letter on the 8th December, from the Defendant's Solicitor telling me the case had been "struck out"and enclosing the bill for Defendant's costs! I contacted the CCMCC and was told that I needed to pay £100 to ? (I can't remember the wording). I sent this off, contacted other party's solicitors and told them i had done this. I never knew why it was struck out - only defendant's solicitor told me this. I received a letter from CCMCC saying that the actual cost was £255 (!) so I sent that off. Again speaking to CCMCC it appears that everything is continuing forward so I take it no longer "struck out". Now that I am actually feeling better, I have been able to think things through a little bit more logically, a huge amount of time double checking on the internet - am i too late in requesting this case be "struck out" because of non-compliance by defendant's solicitors? It is entirely my fault that i did not pick up on the "non-compliance" item about exchanging documents - although the more i do think about it, I now believe it was deliberate because i didn't know any better. Any advice would be really welcome
  2. Horizon Parking issued a claim - my initial defence was that I had insufficient information from them to confirm or deny the claim and that I had sent them a Subject Access Request. Got a reminder from the court about a more detailed defence, so using the SAR, I completed and filed the following defence: DEFENCE OF CLAIM BY ORDER OF DISTRICT JUDGE xxx DATED 20 JUNE 2018 1. I have received a copy of the Subject Access Request from Horizon Parking Limited and the paperwork includes parking charge notices and reminders from Horizon Parking Limited. 2. I have not received any evidence of a contract between Horizon Parking Limited and the landowner that assigns the right to enter into contracts with the public and make claims in their own name. In the absence of such proof, I would contend that Horizon Parking Limited have no authority to issue parking charge notices. 3. I have not received any proof of planning permission granted for signage, etc under the Town and Country Planning Act 2007, which puts into question any authority Horizon Parking Limited may have to issue or attempt to enforce parking charge notices. 4. I have not received details of any damages and indemnity costs added to the claim, specifically, the date they were levied, the amount of the charges, a detailed financial breakdown of how the charges were calculated, and what the charges cover. This means that even if the Claimant could demonstrate their authority to issue a parking charge notice, the overall amounts being claimed would be in dispute. 5. The signage in the car park is vague – it states: “Parking limited to 2.5 hours” but there is no mention of any penalties for exceeding this time limit. 6. The signage states in small print at the bottom: “If the driver of the vehicle fails to adhere to the terms and conditions of parking, a parking charge notice will be issued.” There are no terms and conditions readily available despite my request from the Claimant. 7. I contend that until such time as the Claimant discloses material which unequivocally justifies an entitlement to the sum of money claimed, it is impossible for the Claimant to show and for the Court to determine that money is owed to the Claimant. I believe that the facts stated in this defence are true. I thought this would be sufficient, but have just received a general order of judgement saying my defence has been struck out because it doesn't adhere to CPR 16.5 I phoned the court and they couldn't advise, so I would like to know what options may be open to me: 1. Can I appeal? 2. Can I submit a revised defence 3. Can I negotiate a payment plan with Horizon to prevent judgement being entered? 4. Anything else?
  3. Hi, I have received a claim form from northampton bulk centre with asset collections as the claimant. The original loan was from lending stream who sold it to asset, I dont mind paying it but the amount has grown somewhat from the last dca who chased it and i cant afford to pay that much back. I have responded to the claim at moneyclaim. help needed please
  4. Had to email the court to see where a claim against me was as hadnt received anything. Received an email from them today stating that due to me not filling out the questionnaire my defence was struck out, further down the email stated that the claim has also been struck out as the claimant did not file a directions questionnaire. I can pay money to have my defence considered, but its seems to be a standard email sent out as as the case has been struck out it is pretty irrelevant. My real questions are Can the claimant pay £XXX amount to reopen the case? If YES do I need to pay to have my questionnaire submitted or does it reset the clock? If they can do this will I be informed of this and my defence accepted? Full email below. Unfortunately we cannot process your Directions Questionnaire as it has been received outside of the time allowed. The defence has now been struck out. If you would still like to contest the claim you will need to apply to re-instate the defence. This application should be made using an N244 Application Notice and should be accompanied by a completed Directions Questionnaire. You will need to explain why you did not file your Directions Questionnaire within the deadline provided and why you feel you should still be allowed to contest the claim. All forms can be downloaded from www.justice.gov.uk/forms. If the claim against you was for over £10,000 please attach an N181 Directions Questionnaire; for claims of £10,000 or under please attach an N180 Directions Questionnaire. You will need to provide one copy of the application for each defendant, one copy for the claimant and one copy for the court. There is a £100 court fee to process the application without a hearing or a £255 court fee to process the application with a hearing, payable by cheque or postal order to HMCTS or by card by calling the Helpdesk between 9am and 3:15pm. If you are applying as an individual rather than on behalf of a company and you cannot afford to pay this fee you can check if you are eligible for help with fees by downloading the EX160A booklet. Please note that the claim has also been struck out as the claimant did not file a directions questionnaire. Please note, applications are not automatically granted. The outcome of your application is at the discretion of the District Judge or court appointed Legal Advisor. If you require any further information please contact our helpdesk on the number below. Alternatively you can email us at [email protected]; Please ensure that you state the above case number in the subject heading of your email
  5. Hi guys will start this " high level" but appreciate we may need to delve into the lower level detail too.. In April 2017 a case I was a defendant for was "struck" as an order placed by the judge upon the defendant was not complied with. Through the post last night I get a new county court for the same account, same claimant but different "solicitor" to send " payments/ documentation though to. Is this REALLY allowed? and if so in what cases? Just strikes me as odd Thanks
  6. Hello everyone! I would really appreciate any help or guidance on a claim I received from Northampton County Court. Firstly, last year I received a claim against me issued by a debt collection agency (Asset Collections & Investigations) for an unpaid payday loan. Amount claimed £527.22 + interest for period 21/6/2016 - 12/12/2016 at yearly rate 8% + interest until the day of judgement at a daily rate £0.12 + court fee of £60 = total £604.44 With a help of this forum I defended this claim, the claim was struck out by my local court and to my knowledge the court order was never appealed. To my surprise just a couple of days I received a new claim issued by the very same debt collection agency. Same Particulars of Claim just the claimed amount and interest changed. This time the claimed amount is £604.44 + interest for period 24/6/2016 - 06/07/2017 at yearly rate 8% + interest until the day of judgement at a daily rate £0.13 + court fee £60 = total £756.69 I'm really struggling with this one, CAB and NDH have been unable to offer any guidance and I don't want really give up and let them win. Thank you in advance for any helpful comments.
  7. I am litigant in person. At a court hearing on 7th December 2016, I was ordered to file and serve my claim on the defendant within 14 days. I posted my claim by special delivery on 21st December 2016. I have proof of postage and delivery – which demonstrates that the defendant signed for my claim on 22nd December 2016. On 23rd December 2016, I received an email from the Defendant, acknowledging that he had received my claim on 22nd December 2016. He also attached an application to the court stating that my claim should be struck out on the grounds that I had failed to comply with the court order to file and serve my claim within 14 days of 7th December 2016. I have now received a court order stating that there will be a hearing to determine whether my claim should be struck out. This hearing is listed on 20th March 2017 (the very day on which we were originally meant to have a case management hearing on my claim). In the meantime the Defendant has not filed his defence or any other papers on me. His defence was due to be filed and served by 18th January 2017 and I was due to file a response to his defence by 25th January 2017. My questions are these: 1. Is the Defendant correct in stating that I have failed to file and serve my claim within 14 days of 7th December 2016? 2. If the answer to 1 is ‘yes’, can my claim be struck out for this reason? 3. As the Defendant has made a strike out application, does the defendant still need to comply with the deadline for filing his defence which was 18th January 2017? 4. At the case management hearing on 20th March 2017, if the Defendant’s strike out application is unsuccessful (as I expect it to be) do we then proceed to having a case management hearing on the claim or will the court simply give a further deadline to the Defendant to file his defence? 5. Is there something that I should be doing now in response to the Defendant’s strike out application? Some background: The Defendant has a history of non compliance with court orders in respect of this claim and has kicked this claim around for almost a year now – employing one spurious delaying tactic after another such as claiming non-receipt of court papers, illness etc. He has never filed a defence in all of this time and I strongly suspect that he has no defence to file. I had managed to obtain judgment in default against the Defendant – which he manged to get set aside using these spurious delaying tactics. The key thing that I have in my favour is that I have managed to register a charging order on his property – which the court allowed to remain even after judgment was set aside. Is there anything I can do or say before or at the case management hearing to bring this whole sorry saga to a quick and speedy conclusion in my favour?
  8. im baffled and shocked that this claim has just been struck out and can only imagine that the judge (case was heard without a hearing) that they were having a bad day or it was their first day doing the job. just now ive received a judgement of order thats stated my claim has been struck out pursuant to CPR 3.4(2)(a) in that it discloses no reasonable grounds for bringing the claim. in short my claim was becxuase the buyer of an item i was seller lied to ebay and paypal and stated the item was faulty. in short i proved it wasnt faulty and also proved that their defense was full of lies and gave evidence showing. not only did they lie to ebay/paypal but also in their defense. and somehow my claim has been struck out. since the order doesnt state how to get it going again and also doesnt explain what aside,vary or stayed means or what i form i need to fil in . im at a loss and ive been given only 7 days to apply. im guessing its the n244 form? but other than that i havent a clue how to get this case going again .
  9. I've just realized that i made a claim back in 2007 for unfair charges which was stayed pending the "oft" test case going through my paperwork i've found that it was struck out in feb 2010 could you tell me if i can start the process again to reclaim my unfair fees please
  10. Hi, I was employed for 7 years as a support worker/assistant nurse I trained as a psychiatric nurse (4 years) I then worked for private health care (the priory) for 18 months, then moved on to work for the NHS (high secure services) I worked here for 4 years. In the last 3 months of my employment, I made 4 medication errors. (none at any other time in my career) No patient was harmed. I have no criminal record. At the time I made the mistakes I was going through a divorce from my wife of 18 years. I was under an extreme amount of stress. I left the job when I had a car crash on my way to work. I was not sacked. I continued to practice as an agency nurse for 8 months with no other problems. within this time the NHS employers sent me for a psychiatric evaluation. I was still experiencing a lot of stress so I agreed to go. 2 weeks later I had been given a diagnosis by post of a serious mental health disorder. On top of this I received a letter from The nursing council stating that The NHS had whistle blown to them about my practice, subsequently they had sent me a letter saying I was struck off. I was in so much stress and anxiety at the diagnosis that I didnt contest the ruling. I ignored the letter feeling disillusioned and upset that they had taken my lively hood away after so much training and practice. The diagnosis was wrong. I have never experienced psychosis and have never taken anti psychotic medication. As An ex nurse I realised that denying you have the condition is seen as no insight and subsequently a person would be hospitalised because of the presumed risk of not complying with medication. I have never been sectioned or been in hospital I realised that if I had denied it the potential for me being hospitalised and forced to take medication, would have potentially ruined my life further. And so for 8 years i kept up a face for the health professionals, It took me at least 3 years to get my head together, enough to return to university to complete a masters degree. I am now back to my usual self and have regained my self worth and esteem. I now wish to return to my nursing career. The NMC states that to be reinstated to the register you have to have a period of 5 years away from practice. I would also have to attend a panel meeting in London to be assessed. My question is, I have a serious mental illness (on paper) although I am considered well because they believe the medication has helped my over time. (which I have never taken) . I desperately want to return to my career, does anyone know if my circumstances would make this an impossibility.?
  11. Please could someone help i bought a car which went faulty after four months. i am taking the dealer to small claims court. i was given a date of 1st feb 2016, took a day off work to attend got back yesterday from holiday to find a letter from chesterfield court to say it has been struck out as i failed to comply with the previous order requiring the filing of evidence to be relied upon. im no solicitor so having gone through the paperwork i realised the court wanted me to get an expert to check the vehicle and submit his foundings. im not sure what to do now as ive paid £3250 for the car £185 for the initial fee and then a further £355 for a hearing which has now been struck out! Can i ask to resubmit the case and if so will i have to pay again i was due in court tommorow. please help
  12. i recently had a claim struck out due to limitation issues. the other sides costs were ridiculously high at £17,000.00. the court order was for those costs to be paid within 14 days. i am currently on tax credits with a very low income, i have no savings. the property i am living in is mortgaged and is in negative equity. firstly how do i apply to vary the order so i can pay over time. secondly can i apply to have their costs assessed? cheers
  13. I never get a cold. Worked outside most my life and always thought as i do not mix with many people that is why i have never been struck down. But my throat is sore,my beak is running and my eyes are streaming,so i have taken to my nest. For a few days at least. It must be a strong one to catch the owl out. I have just wondered how it is in your area.Are you struck down by the virus from hell. Many maybe are laid low as perhaps a cold virus is running rampant Have you any remedies wise ones out there.Even my ears are itching. Good grief it may be a door that gave it to me,can you believe such a thing. Or maybe a supermarket trolley. Everything may be contaminated.Putting protection on. Oh,it is to late i am contaminated already. From a scientist at Cardiff University. Have you caught the virus and who gave it us.Who was the little devil who caught it first. And how did they catch it.There is a question to answer for the wise ones out there. OOPS I hope it was not me,going undercover in my nest.Pulling twigs over me and some down feathers.
  14. I wrote to County Court explaining I had misunderstood their 14 day order to return info to them, after 16 days, asking for an extension. They have replied saying my claim is struck out as I have 'made no formal application for re-instatement of the claim and relief from sanctions' I have read Part 3.9 of Civil Procedure Rules and understand what has happened (sort of!) Is this about the process? Is there a form to use and guidance about what the Court wants to re-instate, please
  15. Hi i have had a similar experience with a child minder She took me via MCOL to a county court over a debt the claim was struck out but now she has instructed bailiffs.(correction -a dca - DX) What I need to know is if the claim was struck out how come she can instruct bailiffs , has she broken any laws in doing so and can i now counter claim?
  16. Hi just had a doorstep visit from debt collectors moorcroft my husband answered the door and nearly let her in i asked her to leave my property which she did no problem and just said she would put me down as a refusal i was just sorting out my ccas do i now send them to moorcroft or citicards
  17. Hello, A friend / colleague was struck off. She can not work as an RN since being struck off. After speaking with her earlier today, she has no intention of returning to the nursing profession (private or NHS) since the ordeal of the case against her. However - she does want to clear her name of any wrongdoing. At court, she was found guilty of neglect, a patient fell out of bed. In her court case, there are some concerns. 1. Her barrister didn't bring any of the witness statements from her colleagues which showed that the owner was infact lying and covering up in relation to her repeated request for maintenance. 2. On the night of the incident, my friend had to work a double shift (since there was no staff). 3. No attention given to the fact that the nursing home had approximately 10 or so managers in the 2 years prior to my friend accepting management position there. 4. No attention given to the fact and evidence that my friend requested a repair to the faulty bed, email sent to bed manufacturers, entry made in maintenance book, nursing home owners informed of bed. 5. At court, it was discussed that my friend disposed of the bed. It was then discussed that my friend was actually disposing of evidence. There are a few other inaccuracies and concerns for court case. Friend has given about £8,000.00 to the barrister dealing in the court case but feels that the barrister did not perform to the best of his ability since a lot of witness statements were ignored. I know the owner of the nursing home (he is a GP). From what I understand, various other managers worked at the nursing home and left simply because repairs and maintenance was ignored. My friend has worked in other nursing homes which were due to be embargoed. She is a very well known nurse and I know that some nursing homes actually have headhunted her because of her abilities to turn a bad nursing home into a good nursing home. I have worked with my friend in a hospital and she is one of the few nurses I would consider to go beyond their minimum required duty when dealing with patients. I have not worked with her in nursing homes, though, on two occasions i did have to make a visit to nursing home where she worked. After reason for my visit concluded, she showed me around the home as she was proud of the fact that she turned it from being closed down to that of a much higher standard. This nurse should not have been struck off. Is it possible so she can make an appeal? Clear her name? She feels that if full explanations and evidence was shown in court, then she would have been found not guilty, whilst the GP who is the owner of the home is found guilty? (Off topic, but I know of far too many GPs who own nursing homes) Any help / advice appreciated, thanks!
  18. Hi there Would love some advice on my situation.. Link initiated court proceedings against me for an alleged debt of £9k. I asked for a copy of the CCA which this failed to provide. I mentioned this in my registered defence to the court. The court went on to demand that the DCA provide the court and me with a copy of the CCA by a set date otherwise the judge stated that the case would be struck out. That date passed 3 days ago. I didnt receive a copy of the CCA. My questions are: Should I call the court to ask whether they received a copy of the CCA? If the court hasn't received a copy of the CCA, am I supposed to apply for the case to be struck out some how, or should I leave it to the judge to make good on his stated intentions of striking out the claim? If I am supposed to apply for the case to be struck out and I dont, what could happen? Could the DCA apply for more time? If the court has receive a copy of the CCA, given that I have not, is the DCA still in breach of the courts motion, in which case should I tell the court that I haven't, and would this result in the case still being struck out? And I guess an obvious question is, in my particular case, should the claim be struck out by the court, can the DCA have the claim reopened if they eventually find a CCA? Things get abit more complex. After the DCA originally failed to provide a copy of the CCA within 12 working days as required by law, I issued them with a Section 10 data protection notice. This means that they must delete any details they have about me from their systems, and are not permitted to sell my details to another party. I sent a copy of the notice to the court. In this case, even if they had managed to send the CCA to the court and I by the date demanded by the judge, aren't they in breach of the section 10 notice for still having data about me on their systems (e.g the CCA)? And if this is the case, doesn't this invalidate this and any other claim they were to try and make against me re this alleged debt so the court would have to strike the claim out? If they are in breach of the section 10 notice, what further action can I take - especially in the case that they may sell on the alleged debt to yet another party? I know there are a lot of questions here, and I really appreciate your input.
  19. Hi, I have a legal issue with a company that is refusing to serve paperwork in regards to their claim. The judge ordered the claimant to serve a 'reply to the defence' by today or the claim will be struck out. The court or the defendant (my company) have not been served. 1. Can I ask for costs? 2. Can the claimant reissue a new ccj? Any help would be appreciated. Thanks
  20. I noticed last year (2013) that MKDP has entered a record of a CCJ and default out of the blues against me on my credit file. As I have never had any dealings with MKDP whatsoever, I called to challenge the entry on my file. MKDP claimed they had bought a debt i owed to Barclaycard. For the record the Barclaycard debt was settled/satisfied in 2009. There is a record to this effect on my credit file. I went to the court and I was successful in having the CCJ set aside. Following which MKDP then took me to court claiming that I owed the best part of £5K. The District Judge on the 18th of June 2014 struck out MKDPs claim as she had directed on two different occasions that MKDP provide evidence that I owed Barclaycard, and MKDP still did not provide the evidence.. .I'm guessing because they had nothing to present. MKDP's request afterwards for an appeal was also denied. MKDP has also not made any request for an appeal of the decision to a higher court within the 21 days allowed by law. This in effect means MKDP can never again come after me for this fictitious debt! Now to the crux of the matter, MKDP is still insisting, despite the court judgement, that I owe them and thus have to pay them before they remove the default record from my credit file. I have written to Equifax attaching a copy of the judgement. But, to my amazement, Equifax have written back advising that the default record entered by MKDP cannot be removed as MKDP are of the opinion that I still owe them. Equifax have advised that the record can only be removed at the behest of MKDP. So, please what can I do legally to get this fictitious record on my credit file removed. Is the court judgement not enough to get it removed? Can MKDP still insist on me paying a debt that I do not owe and that the courts have also adjudged that I do not owe? Despite the fact that there is no legal means left open to MKDP it appears I'm still being held to ransom by this dodgy company. ..is there nothing I can do legally?
  21. Hi I wonder if you can help, I think this forum is amazing and I would appreciate some advice please. Can a Respondent use the Henderson and Henderson argument of abuse of process (ie: you can't get a second bite of the cherry) if the claim was referred to before but only at a preliminary hearing and not in the ET1 but as a head of loss on the Schedule of Loss and was dismissed during the case management orders? (That claim went to a full hearing and I won the right to receive occupational sick pay instead of SSP.) At that first preliminary hearing the Judge told me to "put a claim in" when he heard that holiday pay was previously underpaid and this was a continuing occurence. However, the Respondent is relying on the word "dismissed" in their argument for getting the claim thrown out, even though the claim had not been advanced as it was during a preliminary hearing. (Something in my daze prevented me from telling that to the different Judge at the new preliminary hearing for holiday pay, as their barrister certainly didn't!) Also, the old schedule of loss only referred to statutory holiday pay, but I found that I was entitled to contractual holiday pay out of time to amend the ET1 (this entitlement was in my contract which I had not seen since 2002 but they disclosed it 2 days before the hearing) so I put in my new calculations in the new claim. So it is a new claim with different particulars and a different starting date and I only knew about the contractual benefits when I saw my whole contract 2 days before the first hearing during a late disclosure from the Respondent - which outlined the benefit that they had withheld since 2002. (I only got the occupational sick pay during the first hearing since it was on the ET1 as "unpaid sick pay" but at the time of filing I had only ever received SSP for some of the time I was off sick). Also, to explain why I had not seen my contract since 2002, I didn't have the need to as I liked my job, but they cut my hours recently - calling me a casual worker, which I disputed since I had regular hours for years. I hope this makes sense! Any advice (or reassurance would be great as I am representing myself). Many thanks in advance! PS: Extra information: At the first preliminary hearing the respondent pleaded” ”The Claimant's ET1 does not disclose any claim for holiday pay, whether by way of a wages claim or under the Working Times Regulations 1998. According such a claim is not before the Tribunal for determination". In response the Judge made the following Case Management order: "The claim for holiday pay appears only in the Schedule of Loss and is also unquantified. It was not included or referred to in her ET1 and is accordingly dismissed".
  22. Can someone please tell me what struck out of court actually means? Last summer I bought a motorbike frame, I received it and it was the wrong one, I told the company and they said send it back and we will refund you and your postage, I sent it back to the address on the invoice they provided with the item, Couple days later the bike shows up back at my house as it was refused delivery, I e mail the person and they said that that's not their address anymore and they have moved and that they hadn't updated their stationary. they gave me their new address I sent it back, They said they had received it ok, and that they would refund me, a week passed I e mailed again, a week later they replied saying please give us your bank details, then another week passed saying they lost them, weeks and weeks had passed and I had gotten fed up by now I went to a small claims court. That took a few months, I even posted in all the e mails and my postage receipts to the courts for evidence. Then after a few months of all this, I got a letter saying ''stuck out of court'' what does this mean? and where can I go from here? Thank you kindly
  23. http://www.dailyecho.co.uk/news/10324982.Parking_firm_struck_off_by_trade_body/?ref=la
  24. Hi all im new on here and im a bit confused to the letter i recieved today first off i had a letter of the appeal decision makers on the 4th of january say that they have had my appeal go in favour of myself so i thought yippeee i won put everything into dwp for backdated payments that was 4 weeks ago, then today i had a letter of the tribunal saying that my appeal has been STRUCK OUT which i have no sense off and dont know what it means. So hoping that this doesnt effect my back payment so is there anyone who could help me as im so confused and worried now thanks .Please could someone help me understand i had a letter on the 4th of january saying my appeal has had reconsideration and that the appeal will now lapse. so this means the appeal will not be forwarded to the tribunal service. Then this morning January 26th i had a letter of the tribunals court saying the appeal has been STRUCK OUT what does this mean and will i still get the money in back payment which is owed to me payed thanks.
  25. Victoria Arlen has been reclassified, and has been told she's - "Not disabled enough to compete in the Paralympics". I know it's nothing to do with ATOS, but think it's ironic that they're one of the main sponsors. Could you imagine though if it was down to them? Anyway, she's making an appeal, and I wish her luck! I did try to find a link as this was on sky news, but there's no news reports online at the moment.
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