Help Please!! Claim struck out

[Harvey32]

I just got a letter through today saying that the defence and the claim had been struck out for failing to comply with directions.

 

The problem is that I did comply, I sent in a full court bundle from here and all the other details that were asked for.

 

I phoned the court and asked why the claim was struck out and they weren't sure. I've since sent over the proof of delivery for my bundle which was delivered on time.

 

Could there be anything else I've missed? I'm gutted.

 

Any suggestions what to do now the claim has been struck out?

[Harvey32]

This is a nightmare! The court rec'd my fax with proof of delivery and it now seems they have lost my bundle!

 

They will show the judge the evidence that I did submit it on time and I have to call back tomorrow afternoon.

 

Anyone know what happens in this situation?

[bennyowen]

Harvey32,

 

Do not panic because a lot of people have not had a similar experience. However, the evidence exist that you submitted your bundle. The court may be overloaded with paperwork and may have misplaced your bundle.

 

When you call them tomorrow, ask them if they require another copy of the bundle they misplaced.

[Harvey32]

Thanks Benny. I told the clerk that I have copies and can submit a new bundle if needed.

 

I just could have done without this so close to the finish. I hope my case get re-instated tomorrow and judgement is given against Abbey.

[kia]

how exactly did they word it did it say struck out beacuse of abuse of process or struck out the defence well its not been struck out because of anything youve done i think your the claimant not the defence thats the abbey so im would contact the court first thing and see whats going on cos i think u can ask for judgement on this dont quote me on this but well thats what it sounds like to me you need to find out exacly why its been struck out and take it from there but i dont think this is necessarily bad news xxxkia

[gizmo111]

Can you postthe exact order as it seems that the defence has been struck out.

[kia]

yep thats what i thought too as i got same one and basically its good news if it says that xxkia

[Harvey32]

the claim and the defence were struck out and the hearing date vacated. Its because the court lost my court bundle before it reached the judge. I've sent proof that I sent it so should find out what's happening tomorrow.

[kia]

yes but surely it would be the claimant would be struck out thats you not the defence how can they strike out defence when its your bundle thats been lost do you get me can u not just print another copy just in case its needed cos as far as i can see this is the courts mistake so its up to them to correct it let me know what they say the courts its inefficent though to lose something that important isnt it good luck xxxkia ps not u annoyed at by the way hope it didnt come across like that its just this is hard enough without the courts losing stuff

[Harvey32]

Thanks Kia. Abbey didn't bother to send a bundle into the court so as mine was lost their was no evidence for the judge so I guess he thought best to strike out both the claim and defence. I was fuming when I found out what happened.

[chelseaboy]

Hi harvey, It's not N'pton by chance? Last month I recieved a court letter saying case had been struck out because I hadn't submitted my bundle and like you I went nuts and had proof of delivery on time, basically, they found my bundle and sent it up to a Judge to be reinstated as it was their error, in my case it's been reinstated no problem but Abbey now have until about 21st to sort themselves out.... (originally it was 1st sept)..........So, if it's as you say then their shouldn't be any problem getting the case reinstated:) hope this helps

[kia]

looks as if they make a habit of it dont they but if they found chelseas then they might find yours too and u could say well u do seem to be making habit of it maybe even quote chelseas claim if that was alright to see if it will influence judge id be seriously p..d off too ill watch your thread see how the two of u get on xxxkia

[Harvey32]

Hi All,

 

Claim now resinstated at last. Seems like they found my bundle after receiving my proof of delivery!

 

I can now apply for judgement again!

[kia]

funny that isnt it that they found it when you produced proof youd sent it good luck with the judgement again not that youll need it now your on the home run now :Dxxkia

[Harvey32]

Just got an order through that the defence has been struck out due to non compliance and have been awarded judgement in default.

 

Please can anyone suggest what to do from here? Can they appeal against this? Thanks

[psm]

CONGRATULATIONS. Phone the court office Monday morning and they will advise you.

[Lula]

thats brilliant news, I too find it very strange that they manage to "find " your bundle after you send proof of delivery.

 

There should be a little tear off strip at the bottom of one of your bits of paper from the court, but speak to them as to how they want to play it, I would just fill it in and post it off (recorded delivery) to the bank or even take it there yourself and get a receipt.

[Harvey32]

Thanks guys, there wasn't a tear off part on the judgement so I'll give the court a ring on Monday. Can Abbey still aply to have the judgement set aside? If so I may wait as I don't want to prompt them into doing anything like that.

[Lula]

They might try but there is no guarantees that it would be successful, so ring the court Monday, On the notice that you received when you file should be the bit where you ask for judgement and show how you want to be paid.

 

In short, dont delay and get it done

[Harvey32]

Thanks Lula, I'll ring them first thing Monday.

[chelseaboy]

Hi Harv, whats the news as i'm about 5 days behind you, recieved judgement in default on the 17th, not sure how to get the money, just seeing if you've had any progress..... also my claims over 5k, does this make a difference? for further info read the last few pagws of the thread, Chelseaboy vs abbey....

[Lula]

Hiya Chels, makes no difference the amount of your claim, if the DJ says they have to pay, then they have to pay

[Harvey32]

Hi Chelseaboy,

 

I phoned the Court on Friday and informed them that Abbey hadn't paid up yet and they said that they should of by now. The court are sending me an enforcement pack out in the post but it hasn't arrived yet. I'm not sure what to expect either?

 

Hi Harv, whats the news as i'm about 5 days behind you, recieved judgement in default on the 17th, not sure how to get the money, just seeing if you've had any progress..... also my claims over 5k, does this make a difference? for further info read the last few pagws of the thread, Chelseaboy vs abbey....

[chelseaboy]

I sooooooo wish I could walk into the branch with the letter and go, "can I make a cash withdrawal of this amount please" and hand them the letter of judgement...... how smug would you feel just doing that:D

[kia]

you and a few million others start a group :Dxxkia