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dax

a section 11 application order for costs against me has been withdrawn - struck out?

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Can someone clarify the term in law struck out please?

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Strike out: Striking out means the court ordering written material to be deleted so that it may no longer be relied upon.

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like a defence or a claim, whys that Dax, whats happening?

 

Glenn


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Well, thanks Michael and Glenn for replying and this is a seperate issue to a bank claim, although related to a banking situation so therefore somewhat reletive to the forum. I also noticed that others incidently have had claims struck out due to not preparing their claims appropriately. However, I am a defendent in an ongoing legal situation in which I have represented myself for the past three years.

 

Three years is a long time for any situation to have been dragged out and I am at this stage 'out' of the picture effectively or at least I signed a consent order to withdraw an application made against me to be dropped.

This was a number of months ago and the other side have not lodged this consent with the Court. The point is, I want out and have had enough of Solicitors (be they the other sides) turning every trick in the book, to earn themselves the bucks they do.

 

So I was going to ask the Court if they could strike out (me) effectively from proceedings as I dont want this situation to continue as it was baseless from day 1 and quite frankly, ive had enough.

 

Usually a claimant/Defendent may ask the judge to stike out a claim made by either party for whatever reason. In my case though any claims made against me were baseless and I proved so. The dilema is though that the situation has been left hanging and unconcluded due to the fact on my part that the other side have not lodged the application they asked me to sign undated.

 

It was signed undated because there is a third party involved whom the other side are still pursuing and presumably for some reason unbeknown to me I assume, they want to tie the two in to the same hearing to clear up together, so to speak, if that makes sense. Which might explain why the application has not been lodged?

 

Confused, well me too...

 

What I want to know is, can I apply to a judge to remove me from this proceeding and any further proceddings by having me struck out?

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If so by the way, how do I go about wording that to the judge?

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dax need a bit more info PM me if you wish

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Hi is there anyone who is a solicitor or knows a bit about law that can advise me on a legal matter, sharpish?

 

Ive pm'd a couple of people but had no real response to my querie and some other boxes are full, so not recieving messages.......im in a tiz waz now.......

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It may be easier for people to answer your query if you say what the query actually is!


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Good point Barracad, however id prefer to pm them. I had origionally put a more explanatry thread in the general forum 'Struck Out' but had no further response after sending a pm to someone who asked me to with details. Also I pm'd a couple of others, who were also unable to help..

If that answers your point raised.

 

I guessim hoping someone will say, yes! I can assist...pm me..

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I tried to pm you joncris days ago but you never replied, can you check your box..it may be full

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I tried to pm you joncris days ago but you never replied, can you check your box..it may be full

 

dax Try again

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Will try and get something conclusive on this Dax as promised.:D


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks Martin..youre a star!!

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Without knowing any specific details, you would not be looking to stike out your defence. This would be something the other side would request or the judge would order against you. The effect of which would be you would be liable for the claim.

 

You can make an application to be withdrawn from the proceedings by submitting an N244 giving your reasons for your application.

 

Hope this helps

 

Zoot

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Ok Zoot, If a section 11 application order for costs against me has been withdrawn by the other side on the basis that there be no order for costs (against me). I cannot be liable for the claim.

 

Althought the consent order for this was signed by me and the other side, it was not lodged ( naughty).

 

On the basis of that fact and the fact that I am not liable, I am not relevent to the case and therefore no longer need to be involved in proceedings.( Assuming iy gets lodged at some point)

 

I figured based on the conduct of the other side and my insignificance, I could be removed from the situation.

 

I want to make an application to be withdrawn from proceedings and shall follow your advice to give my reasons. I know that and am just looking to word things right. I just hope that, that removes me 'full stop' and figured being struck out..would.

 

As I was under the impression, that once somethimg is struck out, it is over. Is that correct?

 

Or, can the other side, after having lodged an application to withdraw an origional application for costs. Still re apply?

 

I hate law..its such a palava!

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Incidently, I had asked Claire 78 if she could help, thinking she was a bit clued in. She said she would refer to you and give you my details as I had pm'd them to her. I therefore assumed you knew them...just saying...

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Evidence can be struck out, witness statements can be struck out, Statements of claims can be struck. People can not.... that would be criminal lol :D

 

If you can get the other parties to consent to your withdrawal in your application that should make things quicker and easier although you can ask the judge with out their consent but their is no guarantee that he will allow it.

 

I'm not sure whether the other side can reapply for a costs order.

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ok zoot thanks for that

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