Direct Line Court Claim Default Win! But they have now applied for set-aside. Advice please...

[Endymion]

Sorry my post should have read...

 

Ask for the DEFENCE to be struck out, costs to be paid within 7 days etc and your costs of this application. filing the N244 will costs £75 but you will get it back...

 

Apologies.

[ITP]

Thanks Endymion, so in summary:

 

1. Regarding the £400 they have failed to pay I need to fill out an N244 and ask for the defence to be struck out.

2. If they fail to send in a defence for the claim for the 2nd time I can apply for summary judgement. Is there a form to fill out for this and a fee to pay?

 

Thanks again, this forum is so valuable.

[ITP]

They were late with the defence and still have not paid the £400 wasted costs ordered, so I have applied for my 2nd default Judgement.

 

The defence arrived the day after my application and is now with the judge to decide what to do.

 

The defence claims that they have not received detailed particulars of claim from me!

1. They were sent special delivery and signed for.

2. At the recent set aside hearing they claimed not to have received them and the judge had my copy photocopied and given to them.

 

So the defence that they have put in is very poor and I do not believe would stand up in court. Can I ask for the Judge to strike out the defence? Are there any risks involved in doing this apart from the small application fee? Can they claim wasted costs if I don't manage to get the defence struck out?

 

So many questions: Thanks again everyone!

[Endymion]

Phone up the Court and see if they have listed your application for a hearing. If so, then you can ask the Court to strike out the Defence in that hearing for:-

 

a - late service

b - No reasonable defence raised

c - Not paying wasted costs (although this would be a draconian order)

 

If no hearing is listed and the Court will make an ex-parte order then you need to wait to see what the judge has ordered. If the defence is not struck out then you need to assess whether or not the Defence has any prospects of success which is difficult to do and the Court are usually loathe to strike out a defence if it has even the most remote chance of success.

 

Best thing to do if the Defence is not struck out is to file your Allocation Questionnaire confirming you beleive that the Defence has no reasonable chance of success and put forward draft directions that will mirror such allegations. Judge will then look at your AQ, the Defence and if minded my strike out the claim or order a case management conference to discuss the merits of the claim, where again you can argue the Defence is rubbish!

 

Other than that, the best thing to do is just plodding on and make sure you comply with the directions handed down. Then, if the Defendant does not comply simply make application after application to get Unless Orders that they comply or defence struck out.

[ITP]

Thanks again, I guess the only thing I am concerned about is if I apply to the court to strike out the defence and fail will I be liable for costs incurred by the defendant? Or will they not have a chance to argue against the strike out?

[Endymion]

If your application fails then you will be likely to be ordered to pay the Defendant's costs. See how your summmary judgment application does, but if not succesful, I would not be tempted to apply to strike out the defence, but just keep on at the Court whenever possible to higlight it is rubbish and also get as much evidence to contradict their defence so as to further rubbish its chance of succes.