Backdoor Arrow/Drydens 2008 CCJ/CO - MBNA Card - , debt was already SB'd , **WON** set aside - Now being chased 12yrs later.!!

[mandyjayne]

Thanks IGNM

 

not sure what you mean re: bogged down in applications? Sorry can you explain.

 

Yes i will phone the court tomorrow and post with their reply.

 

Thanks MJ

[I've got no money]

If you do nothing there is a risk that they would try to enter a default judgment, which you would therefore have to apply to set aside - as it is they may well apply for relief from sanction - that is they may apply to set the strike out aside - so it is possible that you are going to have have to oppose their application.

 

It is better from your point of view to be the one who has done what the court has told you.

 

By the way make sure that you keep the envelope that their letter came in

[I've got no money]

The other thing to remember is that MC may read these threads

[mandyjayne]

Thanks again IGNM...

 

I will keep the envelope and, i will not do nothing.

 

I shall put in my defence/letter not sure which.. before this Friday..

 

Post tomorrow with what the court say

 

MJ

[I've got no money]

Thanks again IGNM...

 

I will keep the envelope and, i will not do nothing.

 

I shall put in my defence/letter not sure which.. before this Friday..

 

Post tomorrow with what the court say

 

MJ

 

You can decide what to do after talking to the court tomorrow...

[mandyjayne]

Hi all..

 

ok i have just spoken to the court they have received the new defence from claimant but it was logged onto the court system on May 28th..so they were out of time.

 

The lady said to write a letter re: the strike out to the court manager, but can i have some advise from someone please on the best foot forward with this.

 

If it is struck out is judgment then in my favour, and am i right in thinking it has to go in your favour so that the claiment cant re-open the case??

 

Help PLEASE...have until Fri with this.

 

MJ:D

[I've got no money]

As the claim has been struck out the Claimant can apply to the court for relief from sanction

 

Have a look at Magdas' thread...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/189645-outstanding-costs.html

 

There are a series of hurdles that they have to jump through to get relief and you are entitled to oppose any application.

 

As far as that is concerned it is a question of waiting and seeing what the other side does

[I've got no money]

Hi all..

 

ok i have just spoken to the court they have received the new defence from claimant but it was logged onto the court system on May 28th..so they were out of time.

 

The lady said to write a letter re: the strike out to the court manager, but can i have some advise from someone please on the best foot forward with this.

 

If it is struck out is judgment then in my favour, and am i right in thinking it has to go in your favour so that the claiment cant re-open the case??

 

Help PLEASE...have until Fri with this.

 

MJ:D

 

I'm a bit confused - I thought that they had to comply with the disclosure Order - what defence are we talking about...

 

In terms of the court - what did they tell you to do about your defence - were you told to file it anyway or told to write to the court manager about the other sides' failure to comply with the unless order.

[the_shadow]

I'm a bit confused -

 

Glad I wasnt the only one who read that and thought... what defence? MJ, you are the defendant and not counter claiming as far as I understand, you also had until 5th June to get your defence in.

 

S.

Edited June 1, 2009 by the_shadow
Went back for the date defence had to be filed

[mandyjayne]

Hi sorry for confusion,

 

What i meant to put was the court have received the claimants "reply to Defence" which had to be there as stated on the court order, by 4pm 22nd may, but not received until 28th may.

 

 

And yes they are supposed to have complied with disclosure order, but have not.

 

The court said they dont give out legal advise so cant help with what i have to do about my defence being there by Fri.

 

All she can suggest is to write in again as before to the court manager, but i want to know from you guys if this is the best thing for me to do!!?

 

Hope this is clearer:D sorry trying to do a thousand things in a short space of time!

 

MJ

[the_shadow]

Hi sorry for confusion,

 

What i meant to put was the court have received the claimants "reply to Defence" which had to be there as stated on the court order, by 4pm 22nd may, but not received until 28th may.

 

The details of the order you posted up didnt state this as far as I'm aware.. did you omit this?

 

as far as I can remember the order was for them to give the complete disclosure documents listed to you by 22nd may

 

and that you have until 5th June to file full defence in reply?

 

S.

[mandyjayne]

shadow im getting really confused..

 

Im looking at the court order and it says

 

Before district judge ***** sitting at ****county court

 

IT IS ORDERED THAT

 

1. Unless by 4PM on 22nd May 2009 the claimant provides the documents requested by the defendant pursuant to paragraph 3 of the order dated 11th March 2009, the claim be struck out.

 

2. The time for filing of the defence be extended until 4pm on 5th June 2009.

 

Dated 28th April 2009.

 

The claimants sols have sent to me and the court a reply to defence as stated above with no docs apart from the set of statements, the application form etc etc...no default notice etc.

 

I have no idea if this is right or wrong...sorry but this is all i have

 

Do you need me to type in their reply to Defence?

 

thanks MJ

Edited June 1, 2009 by mandyjayne

[steven4064]

If the order says "unless by 4pm on 22nd May...the claim will be struck out" and they didn't, that would seem to me to be GAME OVER.

[the_shadow]

shadow im getting really confused..

 

Im looking at the court order and it says

 

Before district judge ***** sitting at ****county court

 

IT IS ORDERED THAT

 

1. Unless by 4PM on 22nd May 2009 the claimant provides the documents requested by the defendant pursuant to paragraph 3 of the order dated 11th March 2009, the claim be struck out.

 

2. The time for filing of the defence be extended until 4pm on 5th June 2009.

 

Dated 28th April 2009.

 

The claimants sols have sent to me and the court a reply to defence as stated above with no docs apart from the set of statements, the application form etc etc...no default notice etc.

 

I have no idea if this is right or wrong...sorry but this is all i have

 

Do you need me to type in their reply to Defence?

 

thanks MJ

 

Ok, this basically says they had to provide the documents to you, why theyve done a reply to defence instead of complying with the order I dont know but its an unless order and they havent met the required instruction so the claim will be struck out.

 

S.

[the_shadow]

If the order says "unless by 4pm on 22nd May...the claim will be struck out" and they didn't, that would seem to me to be GAME OVER.

 

Youre just too quick

 

S.

[I've got no money]

I would write to the Court Manager - mark your letter URGENT and send it by Fax or special delivery or hand deliver it and get a receipt. It needs to arrive at court ASAP

 

I'd say something like this

 

"Dear Sirs,

 

Re: Case name and Number

 

I refer to the above and to the Order of the 28th April 2009 that the Claimant shall by 4pm on the 22nd May 2009 serve me with disclosure, pursuant to the order of the 11th March.

 

I would advise that the Claimant has failed to comply with the Order and did not serve the required disclosure by 4pm on the 22nd May.

 

In the circumstances my understanding is that the Claim is struck out without further Order. As there is now no claim. it having been struck out, I consequently do not propose to file a defence.

 

I look forward to receiving a sealed copy order formally striking out the Claim in due course.

 

Yours faithfully"

[I've got no money]

I think that the other side are likely to claim that they've complied with the Order and that they may try to enter a default judgment against you

 

- hence the letter to the court

[mandyjayne]

IGNM...yes they have... in the reply to defence, tried to get a default judgment against me and requested my claim be struck out, i was asking weather to post up what was written on the reply to defence but no-one picked it up!

 

I have prepared the letter you have suggested.. and will send it tomorrow...

 

and just for reference this is the order dated 11th march with paragraph 3 refered to in 28th Aprils order.

 

The Order

 

1. The judgment set on 17th september 2008 is set aside.

 

2. Permission for defendant to file and serve a defence by 4pm on the 15th April 2009.

 

3. Claiment to produce by 1st April 2009 all documents requested in defendants letters of 17th Nov 2008.

 

4. The interim charging order made on 20th Oct 2008 is hereby discharged.

 

5. costs.

 

MJ:-)

Edited June 2, 2009 by mandyjayne

[mandyjayne]

Hi...

 

IGNM's Letter sent to court first thing this morning... as in (post 313) above, recorded delivery.

 

Just have to wait now..

 

I feel like im supposed to be doing more..can someone just advise about the fact they have a Reply to Defence, i did ask in an earlier post weather i need to type up what they have said in it for help ..so that i can respond correctly...sorry just want to go over this so its right

 

things like: this document is offered in reply to the Defendants Application to Set aside dated 21st Nov 08.

 

Goes on about it not being statute barred then at point 6 it says: the claimant requests that the Defendants Defence be struck out and judgment granted in favour of the claiment for the amount claimed.

 

Now can someone tell me weather this is something that needs attention now..this was of course received after the 22nd may unless order (post 311)

 

MJ

Edited June 2, 2009 by mandyjayne
add

[mandyjayne]

bump

[citizenB]

Hi...

 

IGNM's Letter sent to court first thing this morning... as in (post 313) above, recorded delivery.

 

Just have to wait now..

 

I feel like im supposed to be doing more..can someone just advise about the fact they have a Reply to Defence, i did ask in an earlier post weather i need to type up what they have said in it for help ..so that i can respond correctly...sorry just want to go over this so its right

 

things like: this document is offered in reply to the Defendants Application to Set aside dated 21st Nov 08.

 

Goes on about it not being statute barred then at point 6 it says: the claimant requests that the Defendants Defence be struck out and judgment granted in favour of the claiment for the amount claimed.

 

Now can someone tell me weather this is something that needs attention now..this was of course received after the 22nd may unless order (post 311)

 

MJ

 

MJ, chances are there wont be many people who can help around at this moment (day jobs ).

 

If you believe it will help to type up the Reply to Defence so people dont have to ask questions, then that might be a good idea.

[I've got no money]

Hi...

 

IGNM's Letter sent to court first thing this morning... as in (post 313) above, recorded delivery.

 

Just have to wait now..

 

I feel like im supposed to be doing more..can someone just advise about the fact they have a Reply to Defence, i did ask in an earlier post weather i need to type up what they have said in it for help ..so that i can respond correctly...sorry just want to go over this so its right

 

things like: this document is offered in reply to the Defendants Application to Set aside dated 21st Nov 08.

 

Goes on about it not being statute barred then at point 6 it says: the claimant requests that the Defendants Defence be struck out and judgment granted in favour of the claiment for the amount claimed.

 

Now can someone tell me weather this is something that needs attention now..this was of course received after the 22nd may unless order (post 311)

 

MJ

 

No - at this point you don't but it might be an idea if you do type it up so we can see what their response is

[the_shadow]

No - at this point you don't but it might be an idea if you do type it up so we can see what their response is

 

the bit that is confusing me is if this is as MandyJayne has stated their reply to the set aside application from Nov 08, the judge has ruled on this, surely they should have requested a set aside of the judgement/order he made not send it in reply to the order of disclosure that the judge requested complied with.

 

Or am I just even more confused than I thought?

 

S.

[I've got no money]

the bit that is confusing me is if this is as MandyJayne has stated their reply to the set aside application from Nov 08, the judge has ruled on this, surely they should have requested a set aside of the judgement/order he made not send it in reply to the order of disclosure that the judge requested complied with.

 

Or am I just even more confused than I thought?

 

S.

 

No - I think that they've filed a formal "Reply to Defence"

[the_shadow]

No - I think that they've filed a formal "Reply to Defence"

 

Ahh yes makes sense now.

 

S.