Lantern/Moriarty PAPLOC Now Claimform- Morses Doorstep Loan ***Claim Struck Out*** now Judgement for Claimant!!

[AndyOrch]

You still have to file a witness statement in support of the initial defence....the defence refers to CPR 31.14 request and CCA requests...so there are 2 documents that must be attached and any (if) response attached.

 

If the defendant is not to attend the hearing then a notice must be attached to the statement and a copy served on the claimant informing the court of none attendance and requesting the court decides on the submitted papers alone...that's why you have to submit a statement.

 

None attendance is covered under CPR 27.9/

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9

 

So plenty to do if she stands any chance of her winning this claim......dont do the above and her defence will be struck out.

 

[MrJohnW]

Ahh, Righto, 

I thought the defence was enough, so basically the defence again, but as a statement.  Will get to it. 

Thanks

[AndyOrch]

Think it would be wise if you read a few topics in the Financial Legal Success forum. Don't simply repeat and expand the defence into a statement.....there is a knack and compliant layout....as per the instructions stated on the N157 Notice of Allocation.

[MrJohnW]

Thanks, will have a  peruse.  

[MrJohnW]

Claim Struck Out.  

[dx100uk]

Well done.

 

What statement did you file, and what point did the judge focus upon in striking out the claim? Or didn't it get before a judge?

 

Dx

[MrJohnW]

I wrote a statement for her based on

having no income,

being disabled,

Morses lending to her in her home when she couldn't afford it,

no one turning up to collect,

morses wanting all arrears at once after pandemic stuff was over

lantern not giving her the proper notice and paperwork prior to the claim or during it,

her disabilities meaning she could not attend.  

 

Judge struck out based on neither party attending and claimant not having given notice under CPR 27.9(1).  

[dx100uk]

would have been because they gave no procedural notice under CPR 27.9(1) then.

 

dx

 

[MrJohnW]

 

Couldn't respond there for some reason.  

 

Letter today saying judgment for claimant.  

 

What the heck?  It was struck out

  

[honeybee13]

Who's the letter from?

HB

[MrJohnW]

The court.  

[dx100uk]

have you moved since then?

looks like a set aside for summary judgement was done by the backdoor?

threads merged

 

[MrJohnW]

She gave up her home a few months ago to move in with family, but has a redirect in place(it's how this letter from the court came).  

[dx100uk]

umm. so nothing else?

most court docs (other than this one) have do not redirect on them.

has she checked the old home? can she?

 

dx

 

[MrJohnW]

No, just this.  She can't check old home.  

[dx100uk]

ouch should not have moved without informing the court and the debt owner.

give northants bulk a ring as find out if the claimant filed to strike out her defence and get a summary judgement using her old address as they spotted she'd moved from her credit file?

 

dx

 

[MrJohnW]

Why would she inform the court?  The matter was over?  Is that just a precaution because of the way it was struck out originally?  

She can't call, will they give thatt info out if she emails the court in question(not bulk, it had been assigned to her old local court) or does she need a letter written? 

[dx100uk]

all the court letters from northants bulk and the local court went somewhere...

if its a court mistake then it needs to be exposed and undone.

the claim might have been struck out but its still not ever immune from appeals.

i would 1000% guess her now address is on her credit file, and thus the fleecers spotted a good likelyhood of a backdoor set aside.