Claim received MKDP / HSBC Vs NTTF***Claim Dismissed***

[NewToTheFight]

Thanks for the help / direction Andy, however I had to post before 12.30 so had to go with my own attempt

Somewhat different from you angle I'm afraid...

We'll see how it goes

[NewToTheFight]

I've just phoned the court, no docs received from them

Are they now debarred from producing any as they have failed to file and serve?

How do I make sure as they have not obeyed the courts order?

[AndyOrch]

You inform the court if they have failed to comply with the Courts Directions and suggest they impose sanctions...preferably strike out.

And yes they are forbidden to use any Witness evidence.

 

Regards

 

Andy

[NewToTheFight]

I will write to the court as they have failed to provide any documents to the court to substantiate their case, I think that contravenes one of the CPR but I will have to look it up

[AndyOrch]

It does not contravene any CPR ...it contravenes the Court Directions and process.

[NewToTheFight]

Once again, a little help needed please.

I wrote to the court asking they be debarred from producing any documents and that the case must now be struck out as they cannot prove a compliant agreement was ever signed.

I also asked for costs

The judge has said I must submit a formal application for consideration

Is that an N244? How should I prepare a draft order?

[NewToTheFight]

Can anybody help me with this please?

[AndyOrch]

Yes you need to make application on the N244...obviously the court will not in this instance impose sanctions of their own accord (they should as the claimant has failed to comply with directions) and as stated in the courts order " failure to comply will be sanctioned/struck out "

 

So on the application you request it be struck out for failure to comply with the DJ xxxxxx Directions dated xxxxxxx Pursuent to CPR 3 (check the relevant PD)

 

A draft order is quite simple :-

 

Originally Posted by andyorch;

The Draft needs to be properly formatted correctly...... format as follows:-

 

 

 

Edit to suit

 

 

#### START OF ORDER ####

 

In the ......... county court

Claim No. ...

 

Before

 

District Judge ………

 

 

Dated ……… 20…

 

 

Claimant A

 

and

 

Defendant B

 

 

 

Draft/ORDER

 

Repeat your order as above here.

 

 

IT IS ORDERED THAT:

 

1.Bla bla bla

2.Bla Bla

3. The Claimant do pay the Defendants costs of this application, in the sum of £[ ] within 14 days.

 

#### END OF ORDER ####

 

 

 

Amend the order to suit.

 

Regards

 

Andy

[NewToTheFight]

Thanks Andy, you're a star

[NewToTheFight]

Just back from court, case dismissed as no evidence provided from claimant.

Judge ticked them off as they should know better and had not behaved reasonably.

I had made an application as per the courts instruction and asked they should be debarred from submitting evidence & the case should be struck out. Judge wouldn't even allow my application costs!

Costs have been awarded to me but the judge refused to pay my research time!! He stated that following the Jackson reforms a LiP needs to be pretty much up to speed with procedures and case law as a professional!!!

I had also asked for 8K as per Durkin but he didn't even discuss it.

Still, won £300 in costs at small claims and the case is dismissed.

Judge seemed to think that the debt may be sold back to HSBC. Where would they stand if this happens? Can it reappear?

 

 

Or do I just crack the bubbly and savour the moment??

 

 

Many thanks to all that helped esp Andy

[AndyOrch]

Excellent news NTTF

 

As the claim has only been dismissed and not adjudged it is possible it may rear its head in the future but I would very much doubt it.

 

Enjoy the victory.....

 

I will amend your thread title to reflect the outcome.

 

Well done

 

Regards

 

Andy

[NewToTheFight]

Will do, thanks again Andy