HPH 2 (ex HSBC) claimform (overdraft)

[AndyOrch]

The question I have asked above is whether it is more sensible to submit an application to the court (with attached draft order) compelling the Claimant to supply these documents or have their case struck out without further order.

 

Could soneone address this and give me the reasons for/against please?

 

If the above is possible, I won't be wasting my time any further with submitting a defence and, more importantly, this case won't reach my local county court as, like previous history on here would suggest, I've had big problems with in the past.

 

It would also allow me to get a proper defence in once I have these documents on hand (if I do not receive them, then their case will be struck out without further order so there won't be any need for me to do anything!).

 

Again, I'd like to know if I could explore that avenue (and if not, why not?).

 

.

 

Disclosure follows a defence...the claimant is not compelled to disclose anything until after you submit a defence and consider its position...and inform the court whether they wish to proceed...therefore your application would fail...because until the claim has been allocated there is nothing to strike out.

 

Andy

[zeek06]

Interesting.

That same approach with submitting a similar application seems to have worked when I submitted that with my HSBC credit card

- I've got an order by the NCC judge striking out HSBC's claim.

 

So, what should I do:

 

1. Submit an application to NCC to compell the Claimant to disclose these documents or strike out their claim without further order?

2. Submit my defence (see 2 questions below)?

3. Submit an application and a defence?

 

If I need to submit a defence, do you have any notes/suggestions as to the text I proposed above, particularly the bold part (re: Cliamants "notice")?

 

Timing of submission for the defence:

I just did a recalculation:

the claim was issued on the 28 June.

28 days (plus 5 days' "service") makes it up to 31 July,

not what I initially though 1 August,

 

 

but that falls on a Sunday. So, am I good if the court receives my defence on 1 August before 4pm?

If so, I definitely need to get this sent today around noon before the Post Office closes

(dx, to answer your query, I can't use the MCOL service for personal reasons which I won't go into here).

 

Thanks again in advance!

 

Zeek

[dx100uk]

you cant count

to arrive in time def was due by 4pm yesterday.

deadline is actually today

[zeek06]

I know it has been been a while since I was here,

 

for the record - I did submit a "strike-out" N244 application and the judge agreed.

 

He first reduced the claimant's claim to zero,

then struck it out without further order when they were unable to produce anything.

 

Success!

 

This thread can now be moved to the "success stories" (;

[dx100uk]

well done everyone

 

 

dx