Just received an email/attachment from Eversheds with a statement of costs of £27k. Does that sound a bit high?

We told the judge in March that there was a previous claim and that it had been struck out.

Phew! Got notice of hearing of application through this morning: "The hearing of the defendants application for STRIKE OUT will take place at (time) on 16 January 2015 at (Court). Presumably they can't make a judgement against my wife and not me if it's a joint claim and hopefully because it got struck out for non-compliance in 2012 it will get struck out again? (feeling a bit more optimistic today...)

So new particulars/WS since March are in jont names

Yes, added last March so current claim is in joint names.

just read texanbar's thread and wanted to ask about notice of discontinuance - claim against me was discontinued but new claim against Mrs P was issued. At the hearing in March Eversheds asked DJ if I could be added to Mrs P's claim and he allowed it. still the same claim though. Problem?

ok thanks. can you see any reason why the judge wouldnt strike out?

as per your link above - strike out, order to set aside refused, no order as to costs.

i was just telling you what i included in the application and backed it up with proof of strike out, notice of discontinuance and duplicate claims. are we likely to be awarded costs if struck out?

also their current witness statement says the bank account/overdraft was terminated in 2009 yet they reissued a DN in 2013 as if the account was still active - cant issue DN if account is closed!?

yes sorry, just looking at worse case scanario and working back. my application covers cpr 3 - previous case was struck out because they failed to submit a witness statement. then they discontinued against me a year later cpr 38.7) and pursued my wife only with 2 identical claims - one through irwins, one through shoosmiths. the latter was dropped once we flagged it with northampton.

so worst case they can impose charging order but they cant enforce sale?

my main worry is a charging order and losing my house - i have kids aged 16 down to 4.

i meant hopefully the case will be struck out!

no bundle yet - is this copied of the documents we need to back up our case? hopefully the application will be dismissed - what reasons would it not be if they have regurgitated a struck out case?

hi Andy, only got your update yesterday morning after the n244 was due so I had to take a stab without your input. i referenced cpr 3 and 38.7 and asked for a strike out. judge has looked at it and said he will deal with it first thing at the trial. i was hoping NatWest were going to pull out because if the law/cpr is black and white, this case has already been struck out for non-compliance. so it looks like the trial is going ahead on Friday - how should we prepare?

Thanks Andy, could you help with what to write in section 10 (evidence set out in the box below?)

I'm putting together our application notice so that the judge can read it on Monday morning. Thanks Andy for the strike out/discontinuance info - very useful - they failed to comply with an order to provide their WS and we mentioned this failure to the court as a supplementary to the N170 filed in July 2012 and asked for a strike out. Then magically out of nowhere came a notice of discontinuance dated July 2012 and we have a letter from the court confirming strike out AND discontinuance. A further abuse of process was that they then subsequently reinstated the same claim through Northampton against Mrs P only and then 2 weeks later, another identical claim through a different solicitor - same subject, 2 different claims - surely this is an abuse of process? If we didn't have CAG friends helping us, we could have ended up with two CCJs for the same debt! Next thing to mention is that the current claim includes loan + overdraft. They original issued DNs for both and in Claimants recent WS, they say that Claimant is entitled to apply an unpaid item fee each time a payment is missed as per Section 6.3 of the Private Banking Terms and Conditions. Isn't there a specific termination procedure for overdrafts, whether authorised or unauthorised? Further in their WS, they say: "the current account had insufficient funds to meet direct debit requests and as such, the current account became overdrawn. The Claimants contacted the Defendants advising them of this and requesting them to amend the position immediately. As this was not done, pursuant to section 6.5.2 the Terms and Conditions, the Claimant was entitled to immediately terminate the overdraft". So they are saying that the account was terminated in 2009 and they issued a default notice in May 2009. There was no termination notice and then another default notice in April 2013 for the same "overdraft" - surely if the account has been terminated by their own admission, a subsequent default notice has to be non-compliant to say the least! The final point possibly to include in the application notice is that they issued a "notice given in compliance with CCA 1974 because you are behind with sums payable under loan agreement" and then a failure to comply letter demanding payment 5 days from the date of the letter. They conveniently omit in their WS that they also issued a DN 4 weeks after the first letter and a few weeks before the failure to comply letter and this DN is defective. All of this and we still have the ICO investigating false data reporting and the FOS investigating harassment. Would appreciate some thoughts on the above and what to be asking the DJ to do e.g. strike it out before trial, hear it at trial and apply strike out, apply for costs, etc?

case was struck out - we didn't receive a strike out order from the court but have a subsequent letter from the court showing case for Mrs P was struck out and case for Mr P was discontinued. this was a joint case with Mrs P as leading name and NatWest failed to file WS in response to court ditections. about 4 weeks after the WS deadline NatWest filed discontinuance for Mr P only. what CPR would be relevant?

just checked with the court and they have said if we get an application in tomorrow it should be looked at on Monday. they also said we could send a revised witness statement as part of the application. should we start with cpr 38.7 and ask for it to be struck out on the basis that it has been heard before and struck out due to non-compliance?

back in November the court allowed an applicatiob 5 days before. the trial got rebooked so worth a try again?

witness statements were submitted June 2014, trial is on 16th Jan so wondering about revised WS or application to strike out.

So given that the same thing happened the first time around i.e. the claimant decided not to submit a witness statement and the case was struck out as a result, this could be relevant? Should we revise our witness statement, submit an application to strike out or both? Do we need to submit the revised WS 7 days before the trial date?

Hi Andy, how does this case relate to mine if at all: https://civillitigationbrief.wordpress.com/2014/01/03/second-action-struck-out-as-an-abuse-of-process-report-of-first-instance-decision/ On the face of it, there seems to be an abuse of process if a case has been struck out, regardless of whether it went to a full trial or not. D

The claim against both of us is for the same debt. NatWest failed to submit a witness statement in June 2012 so the court struck it out. NatWest then sent a notice of discontinuance address to me only. The court then confirmed by letter earlier this year that case against me was "discontinued" and case against Mrs was "struck out". They then issued a new default notice in April 2013. The basis of the case is the same and I have enough evidence to show they were in contempt of the initial order of the court to submit a WS by 12th June 2012.