claim against me struck out, now it's back on?

[mileroad]

Hi all

 

I had a claim against me from a DCA which I defended. I received a letter stating the claim was struck out.

 

Received a letter today staring that case has been transferred to my local court ( not Wrexam ).

 

I logged into MCOL and posted below is the claim status. I thought the claim was done and dusted but it seems not.

 

Can anyone shed some light on what I should do next or is it a case of waiting for a court date?

 

 

A claim was issued against you on 09/12/2013

Your acknowledgment of service was submitted on 14/12/2013

Your acknowledgment of service was received on 16/12/2013

Your defence was submitted on 03/01/2014 at

Your defence was received on 06/01/2014

Defence was struck out on 25/07/2015

Your defence was rejected on 25/07/2015

The claim issued against you was struck out on 06/11/2015

Your claim was transferred to WREXHAM on 17/12/2015

[determindator]

I suggest ring Wrexham Court and your local Court to get clarification. It does say the claim issued against you was struck out on 6/11/15. Maybe they appealed?

[dx100uk]

I bet the letter didn't say the claim was struck out

but your defence was struck out.

 

 

dx

[Old Cogger]

I bet the letter didn't say the claim was struck out

but your defence was struck out.

 

 

dx

 

i.e.:- your defence not the case struck out??/

[mileroad]

No it definitely said the claim was struck out. I logged into MCOL site and it shows it was struck out on 6/11/2015?

 

 

 

A claim was issued against you on 09/12/2013

Your acknowledgment of service was submitted on 14/12/2013

Your acknowledgment of service was received on 16/12/2013

Your defence was submitted on 03/01/2014 at

Your defence was received on 06/01/2014

Defence was struck out on 25/07/2015

Your defence was rejected on 25/07/2015

 

'The claim issued against you was struck out on 06/11/2015'

 

Your claim was transferred to WREXHAM on 17/12/2015

[Old Cogger]

okn

 

 

 

Your claim was transferred to WREXHAM on 17/12/2015????

 

ring them and ask what is going on refer to the above

[mileroad]

Determindator

 

I'll be very upset if they were allowed to appeal. As you can see by the dates, they missed the deadline to forward the case after receiving my defence. And then get my defence struck out 18 months later!

[citizenB]

Well it looks like they are saying your defence was rejected - but then goes on to say that the claim was struck out.

 

I think you need to contact the court to see what is going on. Perhaps start with MCOL, then Wrexham

Edited January 17, 2016 by citizenB
missed information

[citizenB]

Can you get a screen shot of the information on MCOL ?

[mileroad]

That's what it says on MCOL site, I copied and pasted it.

 

I received a letter from Wrexham yesterday saying case had been transferred to my local court.

 

I'm assuming it got struck out because I replied to defence struck out letter and they were told to supply my CPR requests. They missed the deadline (again ). I'm wondering if they have found a loophole i.e. getting a court date and hoping I don't turn up?

[mileroad]

I Will ring my local court tomorrow, I'm pretty sure they struck the last one out.

[AndyOrch]

Claimant may have made application to set a side or vary and get it back on track...and they have failed to inform you ?

 

Andy

[mileroad]

Hi

 

I have been working abroad and have come back to a very thick bundle of papers from solicitors concerning this claim and I'm very confused.

 

It seems that Andy was right and they are requesting the court set aside.

 

Amongst everything is a witness statement from a solicitor.

 

It's saying that the courts messed up and shouldn't of struck out the claim.

They are saying I failed to file a Directions Questionnaire and that's why they got my defence struck out.

 

I have never been asked to file a Directions Questionnaire and if you check the MCOL timeline I posted in a previous post,

you can see there is no mention of it on the timeline.

 

The conclusion to the witness statement says:

 

The court is respectfully requested to set aside the order and the claimant would kindly request that the judgement is awarded in their favour pursuant to the Application.

 

 

As stated above, the defence was struck out pursuant to the order, entitling the claimant to judgement in the claim.

 

In the alternative, the court is requested to reinstate the proceedings to allow the claimant to continue the claim against the defendant.

 

The hearing is in March and I don't know what to do, if indeed I can do anything?

 

They have also added £2500 to the original claim for solicitors fees!

 

Any ideas anyone?

[AndyOrch]

If perhaps you could scan the courts paperwork/application notice /witness statement (less any identifiable data) and we can see what we are dealing with...you should be able to submit a witness statement in response...which we can assist you to prepare.

 

Regards

 

Andy

[mileroad]

Thank you for your quick response Andy.

 

I'm in a hotel at the moment and all I have with me is my phone and a tablet. Am I able to do that with one of these appliances and if so could someone advise me on how to do it. Can Itake photos and somehow upload them?

[AndyOrch]

You can but there's no rush...better with a scanner when you get home.

 

Here the instructions anyway...without scanner using an image

 

 

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

[mileroad]

Thank you for your quick response Andy.

 

I'm in a hotel at the moment and all I have with me is my phone and a tablet. Am I able to do that with one of these appliances and if so could someone advise me on how to do it. Can Itake photos and somehow upload them?

[mileroad]

Not sure if this will work and they are in order

docs1.pdf

[dx100uk]

yep that's ok but you've left things that can ID you on them.

 

 

i'll remove them and put them up in a minute or two once I've redacted them

 

 

dx

[mileroad]

Thank you

 

Took me a while to figure out. I couldn't find the go advance, then I figured out you have to go to the " full web site "

[dx100uk]

1st lot done

 

 

be better to upload as pdf and redacted if you could

but if you cant

then simply photo them

and then send them to me

and i''ll make sure they are ok.

 

 

an email address is coming via a pm

 

 

dx

[mileroad]

Yes thank you, I see Ihave left claim No. On.

[AndyOrch]

Hi

 

Okay many thanks I have read your upload...this really hinges on 2 points...you failed to submit your DQ ? The claimant avers that they submitted theirs on time ? The court has made an error in striking the whole claim out ...or have they...it all boils down to whether the claimant can prove they submitted their DQ on time.

 

Regards

 

Andy

[mileroad]

I sent in my defence in Jan. 2014 and i can honestly say that i heard nothing more about it until i received a letter in July 2015 saying my defence had been struck out. I answered that letter saying the claiment had still not provided the cpr requests in my defence.

 

I think, but I'm not certain, i received from the courts a copy of a letter sent to claiments telling them they had a certain time to provide me with the cpr requests.

 

The next letter i got was the letter informing me the claim was struck out.

 

Sadly I i no longer have any of the correspondence, I stupidly thought that was the end of it and threw it away.

 

Also can i ask if they are allowed to add solicitors costs of £2000 plus £500 court costs?

[AndyOrch]

Depends which Track we are in ...what was the value of the claim?

 

Just rolling back to your last post...are you stating that once you submitted your defence.....you never received a Directions Questionnaire (N180 or N181 subject to the value of the claim) ?