Arrow/Shoos claimform - old MBNA debt - settled by Tomlin - drydens now write saying pay us not Arrows?

[AndyOrch]

Hi Toxic

 

No its does not act as a Witness Statement nor will it be seen by the Court...its their last ditch attempt to get you to back down.Wait for a response to your application.

 

Regards

 

Andy

[toxicdebt]

Many thanks Andy.

[toxicdebt]

Ive had a reply to my Application Notice for a strike out pursuant to CPR 3.4(2)(c.

 

Although I ticked the box that said I didnt need/want a hearing for this application the court has scheduled one for next week. Here is the courts reply...

 

Notice of Hearing of Application

 

The Hearing of the defendants application for to strike out will take place at xxAM on the XXth July 2013 at XXXXXXX County court.

 

And then a disclaimer paragraph about delays and changes etc.

*gulp*

 

Seeing as I didnt ask for a hearing when I submitted my application notice for a strike out does this mean that Arrow Global / Shoosmiths have requested one? Or does it mean that the court has decided on its own?

 

Will Global Arrow / Shoesmiths be there? / Be invited?

 

I know what I have to prove - thats the easy bit - they have not complied with a number (nearly all) of the courts directions etc, but do I have to submit any paperwork in advance etc. (Ive never been through this before).

 

How do these things run? any heads up on procedure etc would be of great help to me.

 

 

Toxic.

[AndyOrch]

Most strike outs do require an hearing Toxic to enable the other party to have their say......only if its by the Courts own initiative would it be without.Just prepare your arguments and why you made the application.Its nothing to be worried about...most likely to be held in the DJs chambers

him..you and them...state your case.

 

Regards

 

Andy

[toxicdebt]

Thanks Andy but there has been more developments.

Ive received in today's post an Application Order from Shoo's for a Summary Judgment. They want it heard at next weeks hearing for my strike out. The details are this...

 

1. The trial listed xx August 2013 be adjourned generally

2. The defendants application (my strike out) dated xx June be dismissed

3. The defence is struck out

4. Summary judgement for the claimant in the sum of £11,026.11

5. The defendant do pay the costs etc.

 

The have also FINALLY sent their witness statement which states a lot of lies which I can prove in court and their reasoning for dismissing my strike out is that they are already debarred from giving oral evidence at trial. (I can argue that one away easily I think).

 

If (when) the Court grant their Application for a Summary Judgment to be heard at the same trial as my strike out, will they be allowed to speak seeing as they are debarred, or are they just debarred at the main trial?

 

How do I defend an application for a Summary judgment?

[toxicdebt]

Just been reading up on Summary judgments and CPR 24.5(1)b States...

If the respondent to an application for summary judgment wishes to rely on written evidence at the hearing, he must –

(b) serve copies on every other party to the application, at least 7 days before the summary judgment hearing.

 

I dont have time to do this as my trial is less than 7 days away already.

 

Can I ask the court to set this aside or not allow it due to the above? I

 

If so, how do i do it (which form etc)?

[AndyOrch]

If you received it less than 7 days then that would be grounds to set a side their application or inform the court and request time to submit your WS in response (the court may grant 3 days) in view of their error.

 

N244 again Toxic and more costs...they have only made the application because of your strike out applic...hope the court sees through this.

 

Regards

 

Andy

[toxicdebt]

Thanks Andy. Ill drop another N244 in on Monday morning asking for a set aside.

 

EDIT: can I do this before the court actually grant their Application for SJ hearing? Or do I wait till I receive the courts decision?

[AndyOrch]

Ah its come direct from shoos not the court what date is on their N244?

[toxicdebt]

Its dated the 3rd July

[AndyOrch]

What date is on your General Order stating the hearing date?

[toxicdebt]

Date on the order for my strike out hearing from the court is 2nd July.

 

EDIT: Not sure if you meant that or the order for the full trial hearing. That was dated the 6th June.

[AndyOrch]

What is the SO hearing date?

[toxicdebt]

12 July - Next Friday.

 

They want to hold it the same time as my strike out hearing - "to save costs"

[AndyOrch]

Ok so they have just got their application in on time (9 days) however if they are forbidden to give evidence at trilal then they are going to struggle for SJ.I doubt very much their application would be processed in time for your hearing...but stranger things have happened.

 

lets have a recap:-

 

1. The trial listed xx August 2013 be adjourned generally

2. The defendants application (my strike out) dated xx June be dismissed (on what grounds ?)

3. The defence is struck out(on what grounds)

4. Summary judgement for the claimant in the sum of £11,026.11 (that should be interesting and what proof they will/can/be allowed to use)

5. The defendant do pay the costs etc.

 

Not asking the DJ for much !!!!!

 

Andy

[toxicdebt]

2. The defendants application (my strike out) dated xx June be dismissed - on the grounds they are are already debarred as a result of failing to supply a witness statement.

3. The defence is struck out - "Has no real prospects of defending the claim"

[AndyOrch]

Yes I know Toxic the above were just my inner thoughts not questions

[toxicdebt]

Oops sorry Andy. Hahaha

 

Its been a long day!

[AndyOrch]

So until you actually receive a General Order from the court re their application and re your hearing date of next week...the above is irrelevant and you cant really make application to set a side their application.

[toxicdebt]

Oh, Just had a thought. With regard to my strike out trial, do I have to prepare and submit a Witness Statement? Or do I just turn up and state my claim? The order from the court doesnt say anything - just the time of the trial.

 

And thanks for your help and advice this evening Andy. Its much appreciated.

[AndyOrch]

Oh, Just had a thought. With regard to my strike out trial, do I have to prepare and submit a Witness Statement? Or do I just turn up and state my claim? The order from the court doesnt say anything - just the time of the trial.

 

Not really just make sure you are quoting the correct CPR and drive it home...if the DJ starts to show leniency towards them dont have it...the CPR is black and white and sanction must be carried through.

 

But if they do manage to get their application and your hearing is adjourned for a new date then you will need to brush up on Summary Judgment and proceed with your defence.

[toxicdebt]

But if they do manage to get their application and your hearing is adjourned for a new date then you will need to brush up on Summary Judgment and proceed with your defence.

Hmmm. Hadn't thought of that scenario. They didnt ask for an adjournment on their Application- just asked for it to be heard at the same time as my trial next week, but I guess the court could implement one anyway. Hopefully not!

 

As for the CPR rules. I will push. Promise!

[AndyOrch]

2. The defendants application (my strike out) dated xx June be dismissed...if they get this your hearing will be adjourned/vacated

[toxicdebt]

So the Court could grant them their application points without any input from myself? Hadnt thought of that neither.

[AndyOrch]

No they would consider their application and set a new hearing date to consider both applications......you will always be allowed to challenge.