Unsure of Court Jargon

[gonnawin]

I am hoping that someone reading this can help make things a bit clearer for me. I am filing a claim against RBS, everything was going along as I had expected when i received a copy of their allocation questionaire (filled in by their solicitors). In section G, other information, they requested that

 

'the court strike out the claim as I had not shown that I had reasonable grounds for bringing the Claim and despite the Defendant requesting that the Claimant remedy the lack of particularit pleaded in the Particulars of Claim within 14 days, the Claimant had failed to do so'.

 

I instantly repled and copied in the court advising that i acknowledged all correspondce from them and i did not feel that I need to further explain my grievances with them as I had already done so directly with RBS and as their client I would assume that they would have provided them with all the necessary information. Anyway in early December we received a letter from the court, this is what it said.

 

IT IS ORDERED THAT

 

The court being of the view that the particulars of claim are sufficiently particularised:

 

1. Unless the defendant do by 18 December 2006 file a particularised defence to the claim, the defendant be debarred from defending the claim and the claimant may enter judgement for the amount claimed and fixed costs.

 

We received another letter today:

 

Upon the court having read the amended defence of the 13 December 2006 and being of the view that it is not a particularised defence in accordance with the order of 22 November 2006.

 

IT IS ORDERED THAT

 

There be permission to the claimant to enter judgement for the amount claimed and fixed costs.

 

My husband and i have no legal backrounds and are a bit confused as to what this means, does it mean we are able to carry on with our claim and go to court or does it mean we have one?????

 

Sorry for the long post but i wanted you to know the full story and where we were coming from

 

Thanks

[why!!!!!!]

Hi,

Ive looked at your post a few times now.

The court are now saying that you can enter judgement for the amount of your claim and costs on the grounds that RBS(defendant) have not entered a particularised defence for the second time in accordance to the order the court had made on them back in november.

Basically RBS's defence wasnt good enough. You can now go ahead and enter judgement. IMHO It is going in your favour.

Im not sure if they would be granted a set aside though(be given extra time to amend their defence again)

Hope this helps you.

Claire

[gonnawin]

Hi Claire

 

Thanks for your reply.

 

Does this now mean we have to do something to enter judgement or does the court automatically enter judgement for us. I want to act on this straight away if we have to do something.......

 

Thanks again.

[why!!!!!!]

Hi,

You have to contact the court yourself to enter judgement, try phoning the court to find out how you go about it(i believe it has to be in writing).

The court staff are very helpful, explain to them that an order has been made for permission to enter judgement against the defendant and ask how you go about doing so.

Claire