Cabot/? Claimform - 2004 Marbles Card 'debt'***Claim Struck Out***

[AndyOrch]

None compliance with court directions can either be a or else order giving them a further 7 days or even a strike out of the claim....varies.

[sasher01]

Thanks Andy.

[sasher01]

This morning,

the wife receives a letter from Scrabrats solicitor offering a 50% discount as full and final settlement.

 

 

In their words, " This will enable you bring this matter to a conclusion without the need for a County Court Judgment."

 

Considering they haven't sent one single piece of relevant paperwork regarding this case I'm really chuckling at their assumption of getting a CCJ!!

 

Stinks of desperation on their part I think?

[sasher01]

This morning my wife received an email from the Court stating:

 

The following order has been made and sent to the parties.

The system is prompted to refer the matter back to a Judge once the deadline date has passed

. If you could email to state receipt or otherwise in the meantime that would be useful.

 

Pursuant to order dated 4th March 2015

IT IS ORDERED THAT

 

1. Unless the Claimant do file and serve on the other party written statements ordered by the Court

dated 10th March 2015 within 7 days of servicve of this order

the Claimants claim will be struck out without further order of the Court

and the Small Claim hearing listed for 10th June 2015 will be vacated.

 

2. The Court has made this order on its own initiative pursuant to Rule 3.3 of the Civil Procedure Rules 1998.

 

Any party affected by this order has a right to apply to set it aside, vary or stay it,

by application made not more than 7 days after this order was served on the party making the application.

 

Dated 27 April 2015

 

So, is it looking good for her and does she have to do anything as she has complied?

[AndyOrch]

7 days then sasher from the date of your order....ring the court on that date (if no response ) and check to see if its been struck out.

 

Regards

 

Andy

[sasher01]

Andy,

 

 

Correct me if I'm wrong please. The order dated 27th April, I make 7 days yesterday taking into account the Bank Holiday. Nothing received in post yesterday or today, should she ring the Court today?

[AndyOrch]

Yes

[sasher01]

Thanks Andy, will keep you updated.

[sasher01]

She phoned the Court and explained that nothing had been received since the order was issued and they told her it would now be referred back to the Judge and she will hear from the Court again.

 

 

Now the waiting continues.

[AndyOrch]

[sasher01]

Well, finally the update we've been waiting to put up.

 

 

After chasing the Court we finally received a letter this morning stating that Scabrat's claim has been struck out.

 

 

Not only did they never send the wife any evidence of the debt, they never sent anything to the Court either.

 

The order does give the option to have the order set aside, varied or stayed so long as they fork out more money within 7 days from the 27th May.

 

 

Not a clue what any of that means??

 

I'd like to express our thanks to andyorch who has helped, advised and assisted throughout and in view of what a great site this is, we will be making a donation.

 

Many thanks

 

 

Andy.

[dx100uk]

hey great news

 

 

dx

[tedney]

Thats great news.

The order does give the option to have the order set aside, varied or stayed so long as they fork out more money within 7 days from the 27th May.

I think that means that Scabrats have to pay more if they decide to contest (set aside) the court order, or seek to change the order (varied), or to ask for more time (stayed) to send documents. All unlikely I hope.

Well Done.

t

[AndyOrch]

Well done Sasher......

 

I will amend your thread title to reflect the outcome...I cant see them making application to set a side.

 

Regards

 

Andy