N24 Form

[Old2072]

Hi all, I'm new to this, but have read your forums in the past & had quite a lot of help from them, but couldn't find any help with this, so,

 

My wife & I ran a little shop but due to the climate we had to close in Febuary. The shop was solely in my wife's name I just helped out with the running of the shop. One of our suppliers who is owed money has taken us both to court, I filled in my defence for stating that I was not responsible for the debt as my wife was the sole trader and I was not responsible for the payment of any accounts. My wife filled in her own form stating she had no money & was trying to declare herself bankrupt.

I have today had a General Form of Judgment or Order, saying;

 

Before District Judge Jones Evans sitting at .........

UPON READING the papers

 

IT IS ORDERED THAT

1 The defendant attend ...... to show cause why the defence should not be struck out as disclosing no reasonable cause of action.

 

I assume my wife may get a similar letter in next day or so,

Please could someone advise me what I should do, as the court is 70 miles away (over 3 hours by public transport) & I am only on jobseekers?

 

Thanks in advance

[AndyOrch]

Hi Old and welcome to Cag

 

Firstly you need to get this transferred to your local Court CPR Part 30 - Transfer secondly they have tried to strike out your defence and the Court as requested you attend to defend the application.Now was this two separate summons in your names or a single with joint names?

 

Regards

 

Andy

[Old2072]

Hi Andy,

 

Thanks for your reply. We both got separate papers, mine had me as the 1st defendant with my wife as 2nd & my wife's was the other way round, they both had the same claim number.

 

Roy

[AndyOrch]

So 2 separate summons with both names on same claim number.... strange.Ok as this got to allocation stage ( IE have you completed an Allocation Questionnaire)?

Im assuming it as, as they have made application to strike out your defence.Have you received a copy of their application and any evidence in support of? You could also consider setting a side their application but thats further cost.

 

The power to make application to Strike Out to do so may be exercised on the application of an opposing party in the litigation where (a) the statement of case (usually particulars of claim or a defence) does not disclose a cause of action, such that there is no reasonable ground for bringing or defending the claim, (b) the pleading does not contain a sufficient precise statement of the facts upon which the claimant relies, © inadequate reasons are given for a denial in a defence, or (d) the proceedings are an abuse of the process of the court.

 

 

Attend the hearing and provide proof that your wife was the sole trader of the business and the alleged debt is not joint and several, your summons should be dismissed then you have your wifes to deal with.

 

Regards

 

Andy

[Old2072]

Thanks for your advice Andy, just a quick point you may help me with, am I better off getting the court changed to a more local court or leave it & travel there, if I do go for change how do I do that, just send a letter to court?

My wife's more simple, yes she owes the money she has always admitted that, but like me she is on benefits & has none stashed away,,

 

Thanks,

 

Roy

[AndyOrch]

Thanks for your advice Andy, just a quick point you may help me with, am I better off getting the court changed to a more local court or leave it & travel there, if I do go for change how do I do that, just send a letter to court?

 

 

See post# 2 my first advice.

 

Andy