need help to strike out ref allocation stage, Cabot

[woolfysmith]

Hi

 

Could someone tell me what form we fill out to strike out a claim which is at the Notice of allocation stage.

 

Have asked them for a copy of CCA many times, they have now replied and stated that it is in all our intrests that any documents not on the disclosure list should be dealt with at the trial.

 

Many thanks

[pt2537]

Hi

 

Could someone tell me what form we fill out to strike out a claim which is at the Notice of allocation stage.

 

Have asked them for a copy of CCA many times, they have now replied and stated that it is in all our intrests that any documents not on the disclosure list should be dealt with at the trial.

 

Many thanks

???

 

Im confused by this comment,

 

are you saying they are refusing disclosure?

 

If that is the case then a strike out would not be available imho , the more equitable remedy would be an order compelling disclosure and costs in your favour with a sanction that non compliance will lead to a strike out

 

That would be more appropriate

 

 

and its an N244 form

[woolfysmith]

Hi

 

They are not refusing disclosure, the CCA agreement is,

1. unreadable,

2.no account numbers,

3.also in the guise as an application form

4.Interest rates on supposed CCA are not the same as one on the statments they have sent.

 

Want to strike out,

 

So is it still a N244

 

Cheers

[pt2537]

then that is a matter of fact for the trial judge

 

Striking out is dangerous, and furthermore you will be liable for costs if you fail.

 

im not sure that this is the correct route,

[woolfysmith]

Thankyou for your help.

 

Can I ask why its dangerous? anymore dangerous than facing the judge who may well just dismiss everything we say

[pt2537]

ok let me turn the question back on you

 

what reasons do you believe you have for striking out the Claim? i mean proper reasons, such as why an illegible agreement should lead to strike out?

[woolfysmith]

I was hoping to build a case with someones help on the points below, but do take on board what you are saying

 

They are not refusing disclosure, the CCA agreement is,

1. unreadable,

2.no account numbers,

3.also in the guise as an application form

4.Interest rates on supposed CCA are not the same as one on the statments they have sent.

 

Want to strike out,

 

So is it still a N244

 

Cheers

[DonkeyB]

Point 1, unreadable, is your route, IMO.

 

But pt’s comments re costs etc still stand.