court action...next best move please

[gwa70]

briefly - CL finance applied to court for CCJ......i defended on basis they have never supplied CCA..........judge made order to them to supply docs by 21/10/09..............i assumed matter would be closed as i never heard anythng after date passed.............i rang court today to be told judge has file as CL finance have asked for hearing.........does this mean they have some sort of docs and are they allowed to wait nearly 3 months after the order............??

 

should i sit tight and wait to hear from the courts or get a N244 form done asking for case to be struck off for non comliance of judges order??

 

all help very much appreciated...

[postggj]

i would think the judge is considering striking out for non compliance of directions

 

wait for the court to reply

[gwa70]

the court lady told me that claimant had asked for the file to be lifted to go to hearing??..............thats all she would say........i took that as if they have asked for a hearing then they have finally scraped together some docs.....

 

wondered if it was worth asking for it to be struck out before in case it goes to hearing............would the judge have to deal with my request if it arrives before he sets a date as i can file on line tonight...

[postggj]

i would wait

 

if the judge has it, its his baby now

[BankFodder]

You should never assume that things have gone away just because you don't hear about it. A bad mistake. You had control and you lost it. You should have asked for the strikeout a couple of weeks after the judges deadline.

 

If they have already asked for some action on the file, it will be too late for you to pre-empt it. Wait to hear what it is about and maybe you will be able to counter what they say with a request to strikeout at the hearing.

However, let me tell you that November was a good time for this kind of appication but judges are no longer in the mood at the moment.

 

make sure that you call the court every few days just in case you don't get served with douments.

If you don't hear any definite info in the next couple of weeks then try applying for your strikeout.

However a likley result of that will be that they get 14 days to submit the docs with strikeout in default.

 

Her is a message for others who read this thread.

 

It is staggering the number of people who get into a good position and then do nothing just because they hope that it has gone away - only to find that suddently it has reappeared and bit them in the bum.

 

You must follow through and bring things to a conclusion yourself. otherwise you hand control to the other side.

[gwa70]

in my draft order i i said that should the claimant fail to comply then the case be struck out without further order...............when the judge basically filed telling them to defend i assumed he had accepted the draft and all in it therefore once the date had passed then the case would be automatically struck out..............i realise now i should have followed it up but maybe all is not lost..............

 

how binding is my draft if for instance they have come up with some documents 3 months after the deadline............does non compliance simply leave the case open??

[postggj]

its what the judge decides now

 

he may well strike out for non compliance of directions

[gwa70]

update - after speaking to court clerlks they advised to write to judge asking for claim to be struck out for non compliance........hey presto they went for it and claimant has untill 27th jan to provide the documents that they haven,t managed to provide for 6 months or more solooking good...fingers crossed............

 

so if anyone is dealing with similar cases right now at newcastle upon tyne courts then a letter rather than N44 would seem likely to be taken notice of..

[gwa70]

can anyone tell me how long after the deadline date should i contact the court??.....will they write to me immediately if the claimant doesn,t comply or should i write/phone them to finalise the matter...........

 

assuming the case is struck what is the claimant likely to do and os there anyhting i can do to discourage a further claim etc......

 

 

thanks

[gwa70]

any further advice much appreciated....

[supasnooper]

I'd contact the Court the day after the latest deadline.

 

If CL haven't complied, file for a strike out immediately !

[gwa70]

i rang the court today to be advised that the claim would be stayed automatically as no reply has been received........i asked if i,d receive a letter confirming this and was told no as the judges order covered this..........she also said that the claim could be resurected if the claimant provided the docs in th efuture......is this correct??? i was under the impression that a stayed claim was a dead one and claimant would have to file a new one if they wanted another crack at you

also should i accept the court clerks advice or write a letter to them and what would it say??

do i now write to the claimant for any reason or just leave it....

if possible would like to finish it for good with them so they don,t even think about coming back

[gwa70]

sorry meant to say struck out not stayed............