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Legal help/advice require.


Helandbak
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I have a small claim logged in court. But I have just had a response back from the judge saying,

 

 

'The defence discloses no reasonable grounds for defending the claim and is struck out.'

 

 

Is this the judge basically saying you have given a crap defence so get on and pay up?

I have submitted a counterclaim but nothing has been acknowledge about this.

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Basically the judge has considered that the defence is so bad that there's no point in allowing the case to continue to a final hearing. Striking out a defence basically deletes it from existence so the Claimant is now able to request judgment.

 

Did the order say anything about the Defendant being able to apply to set aside or vary the order?

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Well I've seen some truly hideous defences in my time but never known a judge gift a judgement without a hearing. So what defence this was I'm keen to know. Presumably it was based purely on law.

 

Anyway, you can write back within 7 days asking for a hearing. Mind, get a proper legal opinion as to its merits first to save a judicial bollocking later.

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If a defence is a pure denial and not CPR compliant...courts will and do strike out of their own initiative before it gets to allocation.

 

Perhaps post a copy?

 

Regards

 

Andy

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Hi mjt, thank you for explaining it for me. There was no mention of 'set aside' or vary the order. The exact wording is:

 

 

IT IS ORDERED THAT

The defence discloses no reasonable grounds for defending the claim and is struck out.

 

 

Judgement for the claimant in the sum of £-- plus £50.00 costs and court fees of £30.00 plus the directions questionnaire fee of £40.00.

 

 

Why I am being charged for a questionnaire. I have filed a counterclaim, which has cost me £95.00 as well.

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The case is between myself and Santander. I am arguing that. My original credit agreement was not with Santander and that I have not been issued a new one. This was both of my defences.

I have requested a CPR 31.14 Request, on the 24th October 2013 (faxed and confirmed) to Howard Cohen and Lewis debt recovery to which Howard Cohen has responded on the 1st of November, received on the 2nd of November. Unfortunately neither parties have given me the information I require to make my defence within the 14 days deadline. Due to my 28 days allowed to file my defence. I do so without the full evidence. So therefore have no defence to rely on. However

this information was requested from Santander prior to this being passed down the line. On the 20th of February 2013. They have also failed to provide me with the proof of debt. Therefore I believe this should not have been passed on without sufficient evidence. I also believe there is a clear breach of data protection.

Having now received only part of the requested documentation I am amending my defence.

The CCA received clearly shows an agreement between GE Money and Mrs Gardner, however contrary to the agreements own terms it is not signed by a rep of GE Money nor is dated for the agreement to start as clearly laid down.

The solicitor as brought to my attention that Santander took over GE Money in 2009, but no new agreement has been signed nor applied. They continued to take payments under the direct debit that was not re-issued nor was I informed that Santander had taken over the company. They changed interest rates and are no longer trading under 'ASDA' Credit cards.

So on four counts have breached the agreement and are no longer providing the service I signed up to dating back to 2004.

I must bring to the courts attention the signature on the 'Claimants' form, as not signed correctly under the CPR Practice

Direction 22 as I am lead to believe it should be a person.

I also take it the acting solicitor is employed by Santander under the solicitor’s code of practice.

I can only provide part evidence as the requested documentation has still not been provided but I believe I have retained.

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Was Santander named as the Claimant or has it been assigned?

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Thread moved to Financial Legal Issues.

 

Can you type out the particulars of claim verbatim or scan a copy of the N1 less any identifiable data?

 

Regards

 

Andy

We could do with some help from you.

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N1 is the summons blue claim form.

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N1 is the first page.... with the claim amount and the particulars of claim (the reason they are suing you)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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