Can anyone advise on action after defence has been struck out?

[Cherry123]

Hi

This is the first time i've used this website and not finding it easy to find my way around. I've been through the process of reclaimin my bank charges and just over 2 weeks ago the court wrote me a letter considering striking the defence out on the basis that they had no intention on defending it and abusing the court process. The court gave the solicitors 2 weeks to object to the strike out. Most people i who have been on the same time scale as me had an offer before the 2 weeks was up but i have heard nothing. Does anyone know what i do next?

 

Thanks

Chez

[Cherry123]

Hi

This is the first time i've used this website and not finding it easy to find my way around. I've been through the process of reclaimin my bank charges and just over 2 weeks ago the court wrote me a letter considering striking the defence out on the basis that they had no intention on defending it and abusing the court process. The court gave the solicitors 2 weeks to object to the strike out. Most people i who have been on the same time scale as me had an offer before the 2 weeks was up but i have heard nothing. Does anyone know what i do next?

 

Thanks

Chez

[Bigmac versus]

Which court and bank is this for?

[Cherry123]

It's Lincoln court and HSBC

[Bigmac versus]

Ok the court will write to you telling you of HSBC's response to this so expect a reply soon.

Expect settlement to follow.

When is your court date?

[Cherry123]

I have not been given a court date. All that has been put in the letter from the court is that "If the defandant objects to the proposed strike out it is ordered to file, within 14 days of the date of service of this order". The 14 days have now passed and i haven't heard anything yet. So should i expect a letter from the court now? What should i expect to hear do you think? Many thanks for your help!

[Bigmac versus]

Yes you should expect a letter anytime but you can call the court.

[Cherry123]

Thanks, i will do

[Bigmac versus]

Ok let me know how you got on.

[chauvesouris]

The two weeks will have begun from the date that order was served on DG. But once you get to that date, it will still take a little while for the courts to get back to you (whether DG have responded or not). So your best options are probably to sit tight and give the court a chance to write to you (this is the English legal system - it is not famed for its speed). Then if you haven't heard anything in a couple of weeks, it might be time to call the court and see what is happening with your case.

 

Out of interest, which court are you in? And did you request the strikeout order?

[hagenuk]

Do not wait for the court, you must enter a Judgement in Default as the defence has been struck out. To enter Judgment in Default you will need to obtain a Form from the court, this is known as a "Request for Judgment" Form.

 

The form you need is an N225, here http://www.hmcourts-service.gov.uk/H...forms_id =465

 

Complete this and file it with the court where you filed your claim.

 

The court will send an N30 [Judgment for Claimant (in default)] and when you receive this judgment has been granted.

 

This can then be enforced, by issuing a warrant of execution. In order to do this you will need to file an N323 (request to issue a warrant of execution) but let us not get ahead of ourselves, this may not be necessary.

 

File the N225 as soon as you can and obtain the judgment first.

[livelylad]

Threads merged and moved to HSBC forum.