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Ccj claim process - set aside / struck out ***Claim Discontinued***

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Hi, a well known debt company have started proceedings in the county court against me for an 'alleged' credit card debt that they have purchased.

 

I defended all of the claim on the basis that I still hadn't been provided with the copy documents I had requested - credit agreement, statements, assignment and default notice etc.

 

 

The case has now been transferred to my local county court for hearing but the judge has ordered that:

 

1. The claimant is to send to the Defendant and file at Court copies of the requested documents by 15th December 2018.

 

2. The defendant is to file at Court and send to the Claimant an amended defence setting out the specific details of the defence to the counterclaim by 29th December 2018.

 

3.... upon expiry of the timescales for their provision, the matter to be referred back to a D/District Judge for further consideration.

 

4. This order was made without a hearing. Any party affected by it may apply within 7 days of service for it to be set aside, varied, or stayed.

 

 

 

I want help to understand what I need to do next.

 

1. If I (and the court) do not receive the documents by 15th December 2018 can I request the court claim to be struck out?

 

2. Is the judge likely to find in my favour and strike it out?

 

3. How long should this process take? Will it be fairly instant after the 15th December?

 

4. Would I still need to file an amended defence by 29th December and how can I do this if I haven't received the information I have requested in order to make my defence?

 

5. If the claim is struck out can the Claimant request to have it re-opened

 

6. If a claim is struck out can they begin the whole process again and start a new claim - or is that decision final for that 'alleged' debt?

 

I am obviously prepared that they may still provide the documents and that this will then progress to a hearing, but I suppose I'm hoping they do not, as they have not been able to provide them in the last few months that I have been requested them, and that would be better for my defence as hopefully it will be thrown out but as I am new to this I just wanted to know where I stand and what could happen.

 

Thank you.

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Please will you tell us which debt company you are talking about.


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you don't need any paperwork to file a defence

and yes I would be filing our std holding /no paperwork one

 

HOWEVER if they don't file enforceable paperwork by the 15th then the claim will be all but dead

you need to drop the counterclaim too

 

can you fill this link out so we have all the correct information to advise you properly

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do-**UPDATED-2018**(4-Viewing)-nbsp

 

and post up the defence you have already filed.

did you send CCA /CPR requests

 

once the claim isstruck out, no they cant start a new claim or reopen the struckout claim for the same debt reasons.

 

dx


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Thank you for your reply and advice.

 

I have already filed my initial defence, I will find the copy and try and post on here. My whole defence is based on the fact that Lowell haven't provided me with any proof that I owe this money, no credit agreement etc. If they supply all these documents by the 15th I will have no defence and will have to file an amended defence as stated in point 2 of the judges orders.

 

I did send a CCA request to Lowell as soon as I received the claim form and when this wasn't received within 14 days I filed my defence based solely on the fact I didn't acknowledge the debt and the claimant had been unable to provide proof what the debt was or provide me with the credit agreement etc.

 

Lowell wrote back to me confirming they would suspend any action until such time they could provide me with the CCA - No surprise they have carried on with action despite writing to me saying they wouldn't :roll: Luckily I didn't trust their word and have complied with all time frames set by the court.

 

I then got the form for mediation, which I rejected as I didn't have the documents and the mediation team also advised that they wouldn't be able to help mediate the case because of this and so it was transferred to my local county court.

 

I have not made any counter-claim, so unsure why they have referred to that in the orders.

 

 

I am pleased to hear that they cant start the proceedings again if they do not comply with the order and allow this to be struck out. That's reassuring.

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You referred to a counter claim in your initial post.....although I assumed it was an error...

 

" 2. The defendant is to file at Court and send to the Claimant an amended defence setting out the specific details of the defence to the counterclaim by 29th December 2018. "

 

1. If I (and the court) do not receive the documents by 15th December 2018 can I request the court claim to be struck out? Does the order not already state what will happen if either party fail to comply?

 

2. Is the judge likely to find in my favour and strike it out? See above..you may not need to make application to strike out

3. How long should this process take? Will it be fairly instant after the 15th December? Depends if they comply and file and serve on the 15th..they may be a few days late or not even comply

 

4. Would I still need to file an amended defence by 29th December and how can I do this if I haven't received the information I have requested in order to make my defence? You submit your initial defence again and incorporate their lack of compliance and add a request to strike out for failing to comply with directions.

5. If the claim is struck out can the Claimant request to have it re-opened Possible...if they set a side the order..we have had a few re serves and the courts have dismissed res judicata...down to the individual judge

 

6. If a claim is struck out can they begin the whole process again and start a new claim - or is that decision final for that 'alleged' debt? See above

 

 

Andy


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hows this going?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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hows this going?

 

Hi just wanted to update you on this.....

 

:whoo::whoo::whoo:SUCCESS :whoo::whoo::whoo:

 

 

Lowell did not comply with the court orders to file the requested documents (CCA and CPR) and they did not send any copies to me.

 

They did however write to me to confirm that they will be discontinuing the claim and attached the court form 'Notice of Discontinuance'.

 

I have called the court today and they have confirmed that the case has been discontinued.

 

I assume this is the end of the matter unless Lowell decide to lift the discontinuation at a later date but this would require a hearing and the documents being supplied.

 

Thank you for all your help and advice on this.

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nope they cant

nor can litigate for the same reasons..


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Good news Montana...thread title updated to reflect the outcome.

 

Regards

 

Andy


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