Non-compliance Of Claimant's With Court Order

[Cat Woman]

Hi,

We are the defendants in an ongoing case which has now got to the stage of abiding by the directions in the Judge's order by specific dates, etc. We've done everything we shoud have done thus far. However, the other side have done nothing - not disclosed anything at all, etc. etc. Everything we have written to the other side we have also copied to the Court, as instructed. A trial window is set for Jan 09 in fast track. The other side even contacted us for an extension date for disclosure of their documents - what a cheek! We are now in limbo & playing the waiting game. Surely the judge won't look at it any further if they've failed to abide by the Order. All this is, I might add, still with no copy of a CCA - which we have repeatedly requested since last March.

 

Is this normal legal practice????

[Lula]

Well, I am a bit rusty at this, but if they have failed to abide by a court order then you can ask the judge to strike out the claim, usually however, the DJ will give them 2 more weeks. But I am sure that surfaceagent will be along at some point soon to clarify matters. It might help if you tell us why they have taken you to court, amounts etc

[Cat Woman]

Hi,

Thanks. The details were in an original thread from months ago & I can't find it anywhere on the forum. Basically, the debt (personal unsecured loan) was from circa 1997 for just under 6K. Whilst we have made some payments over the years, due to one thing & another, the payments were sketchy and the debt got sold to various DCA's eventually ending up with arrow global who appointed Eversheds to deal with it for them and it is now in the hands of the court. As I said, there is no CCA, no evidence of debt assignments, etc.

[honey5]

would this be the thread you're looking for

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/143107-claim-form-issued-but.html

 

 

good luck

honey x

[Cat Woman]

Well I never - yes that's my old thread! God, it seems like this thing has been dragging on for ever!

[42man]

If they have not complied with the court order, then it might be a good idea to take the bull by the horns and send something along the lines of this....(obviously you will need to edit the below to suit)

 

Dear Sir/Madam,

Your help desk has informed me that my case has been stayed due to the fact that the Claimant has failed to contact yourselves within 28 days after receiving my defence.

On the 4th of April 2008 I requested under the Civil Procedure rules that the claimant furnish me with certain information (see attached letter) which would prove that they had the legal right to undertake Court action against myself with respect to the alleged debt as well as to permit me to submit an appropriate defence, to this date I have received nothing from the claimant.

In light of the fact that the claimant has failed to contact yourselves within the prescribed time period and has failed to provide me with the Statutory required proof that they can undertake Court action against me with regards to the alleged debt I respectfully request that the Court Strikes the Claim out

[Lula]

Is the debt statute barred yet?

[creditcardmug]

You can make a formal application to the court to have it struck out on the grounds above, but it costs you £75 to do this, however if you succeed you can claim it back along with all your other costs.

[Cat Woman]

I know only the judge can decide, but what do you think the chances of it being struck out would be, given the info from our side. We did see a solicitor at a free legal clinic a while ago - although he didn't seem to be an expert in debt - but he said the chances were about 50/50, meaning it could go either way.

[creditcardmug]

I know only the judge can decide, but what do you think the chances of it being struck out would be, given the info from our side. We did see a solicitor at a free legal clinic a while ago - although he didn't seem to be an expert in debt - but he said the chances were about 50/50, meaning it could go either way.

 

If you did it, you cant be sure of the outcome, your only making a suggestion to the judge,he might strike it out, or he might make an "unless" order.

 

Im no legal expert i only go from experience and what i have learned on here,its something you could do if you are impatient, sometimes the court will do it of their own accord, its a bit of a lottery really.

[Lula]

I have seen and heard of cases that have been struck out for non compliance, I have also seen cases where one side has been given another week or two to comply and failed and then the case was struck out, as CCM states, it depends on the judges mood on the day, there is nothing to loose by going for it and everything to gain.

 

You never said, when was the last payment or acknowledgment of the debt?