Erudio/Drydens Claimform - old SLC debt - stayed since 2019 - now N244 to lift stay &/OR SJ ***Application Dismissed***

[AndyOrch]

The claim number must be the same on all documents.(assuming there is only one claim) With regards to their application n244 (which differs claim number wise) does it refer to your correct agreement numbers ?  

The above posted response by DX is not suitable as a witness statement in response to an application for Summary Judgment. Please wait until you have clarified my first point.

 

Andy

 

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[AndyOrch]

Then their application is invalid ( unless they they resubmit it with the correct claim number) 

21 minutes ago, lifttheveil said:

The girl on the phone told me that the reference that Drydens had put on the N244 (BCD23456) actually belongs to another case!

Thought so....you need to clarify with the court if they have dismissed their application or should you still respond to it.

 

Andy

[AndyOrch]

Tricky  so you can either advise Drydens of their error and suggest they withdraw their application and vacate the hearing or you can submit a short simple reply by way of a statement in objection to their application (must be filed not less than 7 days pre hearing date) advising the court that the claimant has referred to incorrect claim numbers not associated to your claim and respectfully request the court dismiss the claimants application.

[AndyOrch]

First option yes second option if your statement is successful yes.

[AndyOrch]

Yes fine, lay it out as a statement Court Name Claimant  V Defendant etc claim number.

1. I, xxxxxx

2. I make this Witness Statement in objection and to oppose the claimant application dated 7^th September 2023 for Strike Out/Summary Judgment in view of my defence submitted to the claim dated xxxxxx pursuant to CPR 24.5 (1) a/b. Although my name is stated on the form, the claim number (xxxxxxx) at the top of the form does not belong to any claim I am associated with. I rang the court today to confirm this.

3. As the claim number is invalid an unconnected, I respectfully request that the court dismiss the Claimant’s application. 

 

“I believe the (claimant or as may be) believes that the facts stated in this [name document being verified] are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”

 

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[AndyOrch]

Yes I would make it as easy quick ref for the DJ.

[AndyOrch]

Just one other point so you understand....Its the signed statement thats invalid that refers to incorrect claim numbers ...incorrect numbers on the N244 are important also...but the statement as been signed and it should end with

“I believe the (claimant or as may be) believes that the facts stated in this [name document being verified] are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”

Ive also added your statement truth above to post # 33

[AndyOrch]

Thats okay then still go for the N244 application that remains invalid.

[AndyOrch]

Just an after thought in case the court treat it as de minimis and allow it alter your statement as follows.

1. I, xxxxxx

2. I make this Witness Statement in objection and to oppose the claimant application dated 7^th September 2023 for Strike Out/Summary Judgment in view of my defence submitted to the claim dated xxxxxx pursuant to CPR 24.5 (1) a/b. Although my name is stated on the form, the claim number (xxxxxxx) at the top of the form does not belong to any claim I am associated with. I rang the court today to confirm this.

3. As the claim number is invalid an unconnected, I respectfully request that the court dismiss the Claimant’s application. 

4. Should the court allow the application to proceed without correction it is respectfully requested that I be allowed to submit a further in depth full response to the claimants application.

 

“I believe the that the facts stated in this [name document being verified] are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”

 

[AndyOrch]

What date has the hearing been set for ? Would you have time to draft a further statement should they allow the application to proceed ?

Just covering all basis as you will only have one stab at responding to their application /statement.

[AndyOrch]

So your deadline would be this coming Fri 4.00pm.

Its your choice but I personally would continue after 4 with points of objection to their statement which you know are incorrect.

Then you have all basis covered...hopefully they would reject the application but if they didn't and allowed it to proceed you would be going into the hearing with no statement or evidence points raised.

 

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[AndyOrch]

If that's true and is a complete defence then yes you could but if they can defeat the SB argument have you nothing else to fall back on ?

[AndyOrch]

Well thats the point I've been making, will they thats why I suggested a double edge sword.I don't think they will in time and if you informed the claimant they will have time to correct by Fri.

 

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[AndyOrch]

Have a go at adding to the statement and we can polish it for later in the week 

[AndyOrch]

Response to application SJ/SO is normally 7 days pre hearing to file and serve

[AndyOrch]

 Topic title updated.

 

Andy