Can I ask a claim to be struck out at the Northampton stage?

[Decanus]

just a quickie...

 

I recently had a court claim issued, but wrote to them explaining they were in default of a SAR and I would be making a formal complaint.

 

They responded by saying 'we will not take any further action in respect of your account unless we give you further notice'

 

shall I assume this to mean they have suspended the claim, and just wait to hear? or shall I (indeed, can I?) contact Northampton Bulk Centre and ask the claim to be struck out as they have admitted breaking the rules and lacking any of the necessary paperwork?

 

never had this before, so any advice would be helpful.

 

Thanks in advance

[tendogs]

Can't say that I know but I'd be inclined to call Northampton and ask them

[creditcardmug]

Hi, You must respond to the claim, otherwise they will get default judgement against you, they may say no further action will be taken, but the are lying!

[Decanus]

thanks for the replies guys.

 

I have already completed the acknowledgement of service, and have sent CPR letters, as well as the letter telling them of the SAR default.

 

I was hoping, before having to submit an actual defence, I could get the claim thrown out at the Northampton stage..

[creditcardmug]

I suggest you file your defence, and file an application notice for their claim to be struck out,judgement in your favour, and costs awarded to you.

 

you can do both at the same time if you want

[diamondgirl]

The ball is now in the creditors court - they may not proceed but as creditcardmug said they are lying if they say no further action will be taken. They just don't want you to defend anything to make it easier for them. DG

[Decanus]

that sounds good CCM.

 

Could I just ask for a few pointers as to how I go about that?

 

I'm guessing the defence will just be a case of submitting an 'embarressed' defence, but would I need to add in anything further?

 

and how would I go about submitting an application notice and a claim for costs? (I've not really incurred any costs as such, just time and paper!)

[Decanus]

thanks diamondgirl, , posts crossed!

 

I agree with what you say though...never trust 'em.

[creditcardmug]

Its form N244, you can download it from the HMCS website, costs £75

 

What was that about having no costs!

[Decanus]

If I wanted to save the £75, could I not just submit the defence, wait for the court to make an order to the claimant to provide said docs, and when (or if) they do not, then the claim would be struck out and I could claim costs..

 

its just the exposure to the £75 costs, as that's quite a lot of cash at the moment...

[creditcardmug]

If I wanted to save the £75, could I not just submit the defence, wait for the court to make an order to the claimant to provide said docs, and when (or if) they do not, then the claim would be struck out and I could claim costs..

 

its just the exposure to the £75 costs, as that's quite a lot of cash at the moment...

 

Well thats the normal way, but you asked in post 1, how to get it struck out straightaway.

[Decanus]

well, the quicker the better, but I shall probably follow the slower, cheaper route...

 

I shall just submit an embarrassed defence, but also write to the court manager enclosing a copy of the letter I received, asking for the court to throw the claim out...worth a try I guess