northern rock unseured loan court claim ! - **WON** STRUCK OUT

[johndeevoy]

C,mon Guys !!!!!!!!!!!!

 

Any thoughts on this, cant belive what a complete sod the court manager was !!!

 

Not happy, it was in front of him in black and white and he would still not strike it out

 

Sham

 

 

Not really, its up to Judges to make orders to strike claims out.

[creditcardmug]

Not really, its up to Judges to make orders to strike claims out.

 

The judge had already made the order mate and the time was up, it was an "unless" order, so the court staff should have followed the judges orders!

[shammy36]

Hi all and ccm,

 

Ok, phoned the court this morning and asked if the claim had been struck out , and was told by the nice lady in the court section that my faxed request had been put in front of the judge on the 10th of september.

 

This is the best bit guys !!!! she said "i cant tell you what the judges decision was, as all the files are in the cupboard and you wont know until we get to them at the end of next week , as we have so much of a backlog we are still working on cases from the 1st september"

 

Can you belive that !!!!!!!!!!:-?:?:eek::grin: def going to expload !

 

Sham

[creditcardmug]

Gobsmacked

[shammy36]

Hi ccm,

 

Me to.

 

When i hung up , I could not belive what i had just heard.

 

Sham

[creditcardmug]

I dont know what you can do, even if you made a formal application presumably that would sit in the cupboard until after this judgement emerged:confused:

[shammy36]

Yep .... Think your right mate , just a case of sitting it out again.

 

Sham

[johndeevoy]

The judge had already made the order mate and the time was up, it was an "unless" order, so the court staff should have followed the judges orders!

 

No my friend, the court staff have no power to strike out claims. If what you say is correct then this would give court staff power to determine whether or not an Order has been met (no matter how obvious - as in this case).

 

This is power that only the Judge has. All unmet Orders must pass by the Judge first before being struck out.

[creditcardmug]

I have it on good authority that the court manager does have the power to do this,here is a post to my thread from pt2537

 

when you speak to the court manager ask if the claimant has filed an AQ as directed by the judge

 

if they havent, then ask for the case to be struck out without further order, the court manager has the power to do so , so if they refuse refer them to the order by the judge

[johndeevoy]

I know for a fact that only the Judge can order claims to be struck out and it is improper execution of the law for a clerk to take it upon themselves to determine whether or not any Order made by the Judge has been complied with.

 

Anyhow, it sounds like the Judge has already made a decision in this case, the clerks just couldn't be bother looking for the file!!

[creditcardmug]

I know for a fact that only the Judge can order claims to be struck out and it is improper execution of the law for a clerk to take it upon themselves to determine whether or not any Order made by the Judge has been complied with.

 

Anyhow, it sounds like the Judge has already made a decision in this case, the clerks just couldn't be bother looking for the file!!

 

It seems to me you are determined to argue every bit of advice anyone gives on here, i dont think its helping the majority.

 

I for one dont have time for it so i wont be answering any of your posts again

[johndeevoy]

It seems to me you are determined to argue every bit of advice anyone gives on here, i dont think its helping the majority.

 

I for one dont have time for it so i wont be answering any of your posts again

 

 

Im disappointed at this pettiness. If I see somebody giving out incorrect information why can I not give my own opinion or indeed question advice given by others? If this site is to benefit people by giving advice on aspects of the law then it is imperative that advice given is questioned and not just taken at face value. At the end of the day, a lot of people may rely on advices given on this site, majority of which come from people with no legal qualifications or experience.

 

The site will only really benefit people when advice given is proven to be sound by further analysis, questioning (if needed) and explanation.

[johndeevoy]

Let's just agree to disagree on this one CCM. Its a minor point anyway.

 

I will concede that it is feasible for any particular County Court Judge to direct his Court Manager to strike out claims if a response is ordered from a party and no response is received. However, such direction would be an administrative excercise only and would not be the normal operation of the law. It certainly doesn't work like this in my jurisdiction nor in the OP's.

[shammy36]

Hi All,

 

picked up my post this morning after returning from a rather large stint of working away.

 

Had one from the court !!! opened it and guess what ?

 

**STRUCK OUT** !!!!!!!!!!!!! WHOOOOOOOOOOOOOOOO:D:D:D

 

Huge thanks for all who have helped me with these unreasonable toerags. Special thanks to PT2537 the man is a star , also 42 man who helped me get this whole thing going.

 

But my biggest thanks and a massive round of applause goes to creditcardmug:grin: Mate, i could not have done it without you , thank you so much for all your help.

 

Gonna go and have a stiff drink and a long sigh of relief now:-D:-D:-D

 

Regards Sham

[42man]

NO WAY....Excellent news !!!....well done Shammy....

[AndyOrch]

:Dexcellent result shammy

 

 

Regards

 

Andy

[pt2537]

FAN-Bloody-TASTIC

 

Great news dude

[pt2537]

I know for a fact that only the Judge can order claims to be struck out and it is improper execution of the law for a clerk to take it upon themselves to determine whether or not any Order made by the Judge has been complied with.

 

Anyhow, it sounds like the Judge has already made a decision in this case, the clerks just couldn't be bother looking for the file!!

Hate to say it, but this is wrong,

 

a proper officer of the court has the power to strike out a statement of case without the need to go to the judge,

 

if the judge has issued what is refered to as an Unless order, and such order has not been complied with then the court officer has the power to dismiss the case without further order

[creditcardmug]

Absolutely fantastic news mate, im well pleased for you.

 

Must admit you had me a bit worried at times though.

 

Go and have that well earned drink.

 

Regards CCM

[shammy36]

Thanks again ccm,

 

Way ahead of you on the drink thing , wallowing in a large jameson as we speak:-D:-D

 

Sham

[johndeevoy]

Hate to say it, but this is wrong,

 

a proper officer of the court has the power to strike out a statement of case without the need to go to the judge,

 

if the judge has issued what is refered to as an Unless order, and such order has not been complied with then the court officer has the power to dismiss the case without further order

 

Firstly, it is not a statement of case being struck out here (which can be resubmited by way of application), it is the actual claim.

 

Secondly, do you purport that a court clerk can take it upon themselves to determine whether or not any party has complied with an Order of the Court?

 

Sorry, but I believe you're wrong. I maintain that Court Clerks have no power to strike out claims. They do have power to carry out the administrave duty of removing the struck out claim from the list. Claims do not (or technically should not) be automatically struck out by clerks on the back of an Unless order. If any Court office is carrying out such practice it must be doing so at the direction of the presiding Judge.

 

The correct procedure is for the matter to be put before a Judge to determine whether the Order has been complied with and either execute the unless order or give further time, orders or whatever he sees fit.

 

And congrats shammy

Edited October 3, 2008 by johndeevoy

[johndeevoy]

"it is improper execution of the law for a clerk to take it upon themselves to determine whether or not any Order made by the Judge has been complied with"

 

Im surprised you disagree with this statement pt. Its quite clear cut if you think about it.

[pt2537]

"it is improper execution of the law for a clerk to take it upon themselves to determine whether or not any Order made by the Judge has been complied with"

 

Im surprised you disagree with this statement pt. Its quite clear cut if you think about it.

No, a Proper Officer of the court NOT A CLERK, there is a difference

 

I have spoken with the court manager at Southampton CC on a number of occasions and had cases struck out without the case being laid back before the judge

 

however, a clerk does not have the authority to carry out such an action , see CPR part 3 and PD 3

[tinkerbell20]

congratulations!!:D

[out of cash]

congratulations!!:grin: