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Strike out procedure question


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ASKING FOR CONFIRMATION ON THIS AS IMPORTANT

An ex colleague knocked on my door asking for help with a court claim he received from a DCA via MCOL

 

First thing going through it was that the defence needed to be submitted the next day :roll:

 

I did find out that he had taken advice through an internet forum and has written to the claimant (RECORDED DELIVERY) via a CPR 31.14 for the particulars mentioned in the POC

 

I submitted a holding defence on non compliance of CPR 31,14 and requested to amend once the documents had been produced

 

He then receives a letter from the claimant rejecting his holding defence, and that they are going to continue.

 

28 days later he has now received a "Directions questionnaire"

 

My own thoughts are to attach a draft order for directions with the directions questionnaire requesting a strike out within 14 days if they do not comply with the order for disclosure.

 

IS THE DIRECTION QUESTIONNAIRE APPLICABLE OR WILL IT BE A SEPARATE N244 APPLICATION

(thinking of application fee)

 

They have had over two months to obtain these documents which refer to an overdraft and a credit card (two separate claims , same date of issue)

 

Comments please people

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