Claimant NOT complied with court order - Help please

[Guest BaseJumper]

I applied on to the court, behalf of my better half, to have a decision which was given in default to be set aside due to the fact the Claimant had not complied with my CPR 31.14 request, from the points mentioned in the PoC. This was granted and a court order was made to the claimant to furnish the defendant with the required documentation 14 days from the service of the order. That time has now passed and all She has recieved is a photo copy of an application form, which in their covering letter states; enclosed is a copy of the original agreement xxxxxx ( the account number was subsequently changed and amended to xxxxxx) and a copy of the T & C at the time of opening. Below it states as for the DN our client is unable to provide as this was not retained, however it was issued and sent to address xxxxxxx. It would have contained blah blah blah but a copy of the template is enclosed. We are also unable to supply you with a true copy of the Formal Demand as this was not retained, however we enclose a template that was in application at the time. Both were sent by First class post and we have no proof of postage. it is averred that, notwithstanding that postage alone constitutes service, by reason of section 7 of the Interpretation Act 1978, in the absence of proof to the contrary, the DN and FD are in any event deemed to have been delivered.

1. If this is now part of the legal process and has been for some time why have these documents not been available before the issue of proceedings?

2. What is the next sugested course of action?

[guzzleguts]

Hi B

 

Was the court order an Unless order. ( IE.Unless the claimant produces the doc's by date xxx the claim will be stuckout without further order)

 

GG

[Guest BaseJumper]

Hi Guzzleguts

Sadly no. It states: upon the Claimant not appearing and the Defendant not appearing

EX PARTE

IT IS ORDERED THAT the Claimant to give disclosure of the documents as requested by the Defendant in 14 days of the service of the order.

[42man]

I think you may have to request a strike out using an N244

[42man]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/179597-no-agreement-use-civil.html#post1937068

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/134001-suggested-letter-where-claimant.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/136843-capquest-county-court-claim.html

 

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/160830-shortfall-court-summons-urgent-2.html

[Guest BaseJumper]

42Man. Flipping heck - How do you get some much so quick. Having only read a few threads from the links you sent they seem to lean that way, the N244 that is. Especially the ones from Aloysiush.

Initially, when this started and I sent out my CPR 31.14 and the time limit passed I sent a N244 to northampton there was much faffing and the date for submission passed due to postal service from their end to me and consequently it was not accepted as a strike out, but was transfered to my local cc and I had to pay £75 for a setaside. thus here today seeking help. I will read on with the links, catch my breath and then soldier on with another N244. Do you think it would be advisable to contact the court and just mention what has happened, as they know the judge and his/her ways of protocol or just go for the N244?