Application Notice

[GirlAloud]

I have recieved a N244 application notice from a creditors solicitor looking to dismiss my defence on the grounds it has no reasonable chance of suceeding. I want the defence to stand.

 

The court has already issued directions with a provsional trial date.

 

They are quoting CPR 3.4 2 a and B and CPR 24.2 a and b

 

Any advice on how to respond would be welcome!

[supasnooper]

From the info that you have posted it would appear that the Claimant has asked for Summary Judgment.

 

If that is the case, you need to respond with a Witness Statement rebutting the Claimants points..

 

Have a look at post 4 in this link - http://www.consumeractiongroup.co.uk/forum/legal-issues/253800-summary-judgment-process.html

 

and this post - http://www.consumeractiongroup.co.uk/forum/show-post/post-2862276.html

Edited June 15, 2010 by supasnooper

[GirlAloud]

Thank you very much for your help. So far I have only had papers sent by the claimants solicitor - nothing from the court yet. Their bundle included:

 

- witness statement

- very poor copy of a CCA (completely unintelligible)

- stement of account

- a lot of screen prints (which mean nothing to me!)

 

They made the same request on their allocation questionairre, though the court issued directions on 25 May.

[supasnooper]

Please can you post up the letter from the Court regarding the hearing....does it mention Summary Judgment ?

[GirlAloud]

In the claimants allocation questionairre - they asked for my defence to be struck out under CPR rules. The court appears to have ignored this and issued directions (dates for exchnage of lists etc etc). It appears my defence was accepted - no mention of summary judgement.

 

The claimant has merely submitted a N244 with the same thing on it - except this time attached a WS, an illegible copy of a CCA (poor copy - small and blurred), a statement of account and a load of screen prints supposedly showing dates of default notice (in reality nothing more than a jumble of dates and codes).

 

At work at the moment, but will happily attach other docs if needed.

 

Thank you VERY much for the attention you are giving this.