CCJ Struck Out by Judge

[MrMerlin]

Hi, I have a legal issue with a company that is refusing to serve paperwork in regards to their claim.

 

The judge ordered the claimant to serve a 'reply to the defence' by today or the claim will be struck out.

 

The court or the defendant (my company) have not been served.

 

1. Can I ask for costs?

2. Can the claimant reissue a new ccj?

 

Any help would be appreciated.

 

Thanks

[citizenB]

So a claim has been issued against you and the Claimant, despite Judge's orders, they have refused to provide any documents in respect of their claim. The Judge has now struck the claim out ?

 

I would say yes, you are entitled to any wasted costs.

Not sure about the reissuing of the claim - I would assume if they have not provided them so far, then it is likely they are unable to at all. In which case, it would be foolish of htem to issue another claim.

 

I will ask others on site team for you.

[MrMerlin]

Hi,

 

Thanks for the reply. Yes I will email the court requesting case to be struck out. The court letter stated this if they didn't serve today.

 

I have a counterclaim and my fixed costs (court fees).

 

I'm just concerned they can go through the process again.

[AndyOrch]

So the claim has not yet been struck out...and do you have it in writing the direction for them to disclose their response to your defence or it will be struck out?

 

Has the claim been allocated yet? Has the court not received a response to your defence?

 

Regards

 

Andy

[MrMerlin]

Hi,

 

Allocated yes.

Defence filed. Yes.

Court date set for 24th August.

 

Court wrote to claimant and defendant requesting defence documents and reply to defence from claimant.

 

Claimant served defence documents only, I wrote to the court requesting reply to defence and didn't serve.

 

Judge wrote to claimant saying serve ref paragraph 4. (Request for reply to defence) by 4pm today or claim will be struck out. That's what the order says.

 

Claimant has sent defence documents again. ( they're don't know what their doing )

 

I've not been served.

 

Question is: I can ask for wasted costs?

 

Under CPR 38.7 the claimant will require court permission to reapply?

 

Or - can they ask for reinstatement?

 

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I'm trying to sort out their options. This is not a bank/personal debt matter.

[AndyOrch]

Well if thats what the order states you should be able to push them to strike out....normally you would make an application using N244 but if you can get the court to follow through with the DJ it wont cost you further.

 

Wasted costs are possible on a strike out but CPR 38.7 is not applicable as the claimant has not discontinued his claim ...the court has struck it out.

 

Again reinstatement can only be at the courts discretion and with permission.

 

Regards

 

Andy

[MrMerlin]

Thanks Andy. I'll contact the court tomorrow asking for the strike out and see what happens.

[MrMerlin]

Letter today saying case is struck out and the court case on 6th of August is vacated.

 

Looks like a good result.

 

I assume that's it? Can they appeal now?

 

Any advice going forward?

 

Thanks.

[AndyOrch]

Nice one MrMerlin......now just wait a few weeks and make sure alls quiet on the western front:wink:

[MrMerlin]

Thanks Andy.