Need Advice on Getting Claim Struck Out.

[Ivan99]

Hello,

 

I've been following a few peoples advice on here and have now reached the stage of attempting to get a claim struck out.

 

I spoke to the court today and they have confirmed the claim I am defending has been stayed. Just to recap this was a debt where finance

was taken out on a electrical item. I have disputed the amount in full and I have asked for evidence. Nothing has come back and 7 months has passed. The court have confirmed that I can apply to get the claim struck out.

 

I am keen to do this, however the court say it will cost £40 withthout a hearing or £75. I was hoping to find out which route is better and if there is anything you recommend putting in the application? I also was keen to find out that - if the DCA has not responded for 7 months, does this mean the claim is likely to actually be struck out or could I potentially be wasting money on this application.

 

Any advice would be much appreciated.

 

Thanks

[42man]

Have they not provided any paperwork at all ? Did you order disclosure via the Civil Procedure Rules ? or via a SAR or CCA ? Going via an N244 is usually the best option as I understand it...

[Ivan99]

I told the court I inted to defend the claim in full, however I cannot file a full defence until the claimant has sent me the documentation etc. I told the court I have sent the claimant a CPR request which I did. They have not responded to myself or the court.

 

I now have to fill in the N244 form and decide whether to have a hearing for £75 or no hearing for £40. So this is where I am with it and I'm a litte unsure of the best course of action. I also really don't want to waste my money, if it is unlikely it will be struck out, so I'm hoping someone can advise me on where to go with it from here.

[AndyOrch]

Submit an Holding Defence and save yourself £40.00.

 

Regards

 

Andy

[Ivan99]

But the claim is already stayed. I thought a holding defence only gets the claim stayed?

[AndyOrch]

But the claim is already stayed. I thought a holding defence only gets the claim stayed?

 

So you have AoS an pleaded defend in full and not submitted a defence but now it is stayed?

 

Regards

 

Andy

[Ivan99]

Hi Andy,

 

Sorry what does Aos mean? Well the defence I submitted stated I dispute this amount in full but cannot prepare a full defence until the DCA

has submitted me with their documentation etc. I think this was my attempt at a holding defence. Anyway the claim has been stayed so just trying to find out how likely I am to get it struck out and if there are any tips on getting it struck out.

 

Thanks

[AndyOrch]

Ok with you now Ivan (AoS) Acknowledge of Service

 

Ok just submit an AN N244 requesting that the claim be struck out for non complience without an hearing.The Claimant may object buts thats the gamble.Worth £40.00 though to get them off your back

 

Regards

 

Andy

[Ivan99]

Thanks Andy,

 

If the claimant does object, does the stay get lifted? Just trying to see if I'm potentially opening up a bigger can of worms, so to speak.

[AndyOrch]

Thanks Andy,

 

If the claimant does object, does the stay get lifted? Just trying to see if I'm potentially opening up a bigger can of worms, so to speak.

 

No you are not applying to lift the Stay but to strike out.If the Claimant objects and lifts the stay the case proceeds.IMHO I would leave it stayed unless you know there is no case to argue and the Claimant will not respond

 

Regards

 

Andy

[Ivan99]

It just seems that they have given up. They haven't chased me for any money or anything since the beginning of the year and haven't responded to the court.

 

Thanks for the help.

[AndyOrch]

I have delt with cases stayed a lot longer than 7 months and then the AQ arrived.However the longer they leave it the harder to revive which they have to pay for when submitting their AQ.Is this a SCT?

 

Andy