Jump to content


Please note that this topic has not had any new posts for the last 2508 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Can someone please tell me what struck out of court actually means?

 

 

Last summer I bought a motorbike frame,

 

I received it and it was the wrong one,

 

I told the company and they said send it back and we will refund you and your postage,

 

I sent it back to the address on the invoice they provided with the item,

 

Couple days later the bike shows up back at my house as it was refused delivery,

 

I e mail the person and they said that that's not their address anymore and they have moved and that they hadn't updated their stationary.

 

they gave me their new address I sent it back,

 

They said they had received it ok, and that they would refund me,

 

a week passed I e mailed again,

 

a week later they replied saying please give us your bank details,

 

then another week passed saying they lost them,

 

weeks and weeks had passed and I had gotten fed up by now

 

I went to a small claims court.

 

That took a few months,

 

I even posted in all the e mails and my postage receipts to the courts for evidence.

 

Then after a few months of all this,

 

I got a letter saying ''stuck out of court''

 

what does this mean?

 

and where can I go from here?

 

Thank you kindly

Link to post
Share on other sites

What exactly did the order say? When a case is struck out there's usually a recital to the order explaining why. It should begin with "Upon" for example "Upon the Claimant not paying the hearing fee" so you know what happened.

 

If a claim is struck out it has been brought to an end but not usually because a judge has considered it without merit, cases tend to be struck out because of a technical or procedural defect such as no one attending a hearing or an order not being complied with.

 

You can make an application for relief under CPR r 3.9 which, if successful, brings the case back to life. The Rule has recently changed though to make such applications more difficult but have a look at the Rule and post back.

Link to post
Share on other sites

Thanks for your replies guys..

 

 

Just looked and it says ''Upon neither party attending''

 

 

I didn't even get asked to go, and the courts are 2 doors down from my house. Also a pervious letter I received months back said that when it goes to the court neither party has to go. (I think) so I posted in my evidence months ago.

 

 

I thought going to a small claims court would solve the matter, The motor bike shop even admitted that they owe me the money to them.

 

 

Where can I go from here???

 

 

Thank you for your help

 

 

Regards

Link to post
Share on other sites

We dont know why it was struck out as we havnt got the paperwork, you have. You answered the question, it apoeared there was a hearing but no one attended, if its only a few doors away then you could pop in and enquire why, as above you can apply for the strike out to be set aside, youll have to show a good reason, it appears some paperwork has gone astray.

Link to post
Share on other sites

So I presume no one attending is frowned apon by the courts?

 

 

How can I find out more about CPR r 3.9?

 

 

I will visit the courts some time this week.

 

 

Thanks for your help

Link to post
Share on other sites

Google is your friend.. For every CPR there is normally an accompanying practise direction which gives practical steps, these are all available online.> http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03

 

Eerr..If no-one attends then the court will think maybe its been settled or that you dont care, it is sometimes possible to not attend and let court know first but not advisable.

Link to post
Share on other sites

Thanks for your reply guys., Really helpful as this is all new to me

 

 

I will be visiting the court this week, hopefully they can shed some light, I fear I may just get to meet the sectary and get turned away.

 

 

one last thing, what exactly is the CPR r 3.9?, and how do I try to get one?, is it a form I download, fill in and send to the courts?..

 

 

And if all else fails, should I start another case open? or would it be best to just forget about the whole thing

 

 

Once again, Thank you

Link to post
Share on other sites

Hello

I read 3.9 thank you.

 

 

Please excuse my ignorance, but if I want to go ahead with this what do I need to do, write a letter to the courts manager stating so?

 

 

Thanks for your help guys.

Link to post
Share on other sites

No you will need to make an application using form N244 and pay an £80.00 fee.

 

You will need to provide evidence as to why you should be granted relief from sanctions and the criteria are in CPR 3.9.

Link to post
Share on other sites

Right got you, Thank you very much..

 

 

My reason being for not attending (which I presume is the reason the case got struck out) is that I never got a court date to attend, via the post, or a phone call or anything. Is that a valid reason to apply for the strike out to be set aside?

 

 

I went to the court today, but couldn't speak to anyone as they are 10-2 and I went after work at 4pm, I shall visit on my lunch hour tomorrow.

 

 

Thank you for your help

Link to post
Share on other sites
Right got you, Thank you very much..

 

 

My reason being for not attending (which I presume is the reason the case got struck out) is that I never got a court date to attend, via the post, or a phone call or anything. Is that a valid reason to apply for the strike out to be set aside?

 

 

I went to the court today, but couldn't speak to anyone as they are 10-2 and I went after work at 4pm, I shall visit on my lunch hour tomorrow.

 

 

Thank you for your help

 

 

 

 

 

I would say so yeah.

Link to post
Share on other sites
  • 2 weeks later...

Hi guys, bit of an update, I got my form and have filled it all in ready to send, but im stuck on what or how I should word what goes under ''what order are you asking the court to make and why?'' any help would be great thank you very much

Link to post
Share on other sites

You are asking that the Strike Out order of xx/xx/13 be set aside and that there be relief from sanctions.

 

You will then have to provide a Statement of Case saying why you didnt attend and any evidence.

Link to post
Share on other sites

Just be mindful of CPR 3.6

(1) A party against whom the court has entered judgment under rule 3.5 may apply to the court to set the judgment aside.

(2) An application under paragraph (1) must be made not more than 14 days after the judgment has been served on the party making the application.

 

As you first posted here on the 5th of Jan your application is going to be filed with the court out of time.

 

However, I'm not convinced CPR 3.5 applies in this case because I read it as being relevant only when judgment has being entered into as a consequence of one party not complying and the other applying for judgment as a consequence. I imagine that as neither party attended the whole case was struck out rather than judgment having been given in favour of your opponent although your earlier post is silent on this.

 

If this is the case then there is no actual judgment to be set aside and that a simple Relief from Sanctions Application under CPR 3.9 is preferred requesting that the whole case be re-instated for the reasons given. A Relief from Sanctions Application is not limited to being made within 14 days either.

Link to post
Share on other sites
Just be mindful of CPR 3.6

(1) A party against whom the court has entered judgment under rule 3.5 may apply to the court to set the judgment aside.

(2) An application under paragraph (1) must be made not more than 14 days after the judgment has been served on the party making the application.

 

As you first posted here on the 5th of Jan your application is going to be filed with the court out of time.

 

However, I'm not convinced CPR 3.5 applies in this case because I read it as being relevant only when judgment has being entered into as a consequence of one party not complying and the other applying for judgment as a consequence. I imagine that as neither party attended the whole case was struck out rather than judgment having been given in favour of your opponent although your earlier post is silent on this.

 

If this is the case then there is no actual judgment to be set aside and that a simple Relief from Sanctions Application under CPR 3.9 is preferred requesting that the whole case be re-instated for the reasons given. A Relief from Sanctions Application is not limited to being made within 14 days either.

 

Thats my interpetation too, if the other side had shown up he could of got default judgement but as neither side did, it was struck out.

Link to post
Share on other sites
  • 3 months later...

Hi guys

Just a quick update, I send in the form and they wrote back to me asking for some evidence so I took it into them and they send me a new date for a hearing.

 

 

Just a few questions, Ive given my evidence into the court by hand so that means I don't have to take another copy with me or do I?

 

 

The 80 I spent, can I get that added to the claim or is that on me?

 

 

Will the other party involved of been issued papers to come along also?

 

 

Thank you kindly

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...