Striking out order absolute

[tracied123]

Would anyone be so kind as to tell me what wording I should use to apply on a County Court Order to make an striking out order absolute.

 

The Claim was Struck out by the Judge and gave the Claimants the right to apply to get it set aside within 7 days. The Claimants who happen to be a firm of solicitors did not apply to get it set aside and are now a long time outside the 7 days. Yet they are still chasing me for the debt and saying they will get the order set aside if I do not pay.

 

Would anyone be able to tell me how I can go back to the Courts and now get the order made absolute. I have the Order I am just not sure on the wording I would have to use.

 

Thank you so very very much for all your kind help.

[BRIGADIER2JCS]

What are the details of this claim please.

Because the claim was struck out by the judge ( what reason did the judge give?) it does not necessarily mean there is not still an underlying debt.

 

 

You request that the court ratifies the judgement (Strike out) without leave to reapply.

The claimant has failed to apply within the 7 days set by the judge so the judgement stand.

[Ganymede]

Would anyone be so kind as to tell me what wording I should use to apply on a County Court Order to make an striking out order absolute.

 

The Claim was Struck out by the Judge and gave the Claimants the right to apply to get it set aside within 7 days. The Claimants who happen to be a firm of solicitors did not apply to get it set aside and are now a long time outside the 7 days. Yet they are still chasing me for the debt and saying they will get the order set aside if I do not pay.

 

Would anyone be able to tell me how I can go back to the Courts and now get the order made absolute. I have the Order I am just not sure on the wording I would have to use.

 

Thank you so very very much for all your kind help.

 

 

The claim is struck out and that is how it will stay unless an application is made.

 

There is no point in you wasting money on an application. A "strike out absolute" does not exist.

[tracied123]

Thank you for your kind replies.

 

The Judge struck out the Claimants claim as on 2 occassions he set directions that they supply paperwork to the Court by a due date and they ignored both the Orders.

 

The Judge Struck out their claim,

 

Upon the Claimant having failed to comply with the Order on 25th April 2014 and further upon the Claimaint failing to serve a full breakdown of costs claimed as directed in a further order dated 7th May 2014

 

And upon no defence having been filed to the Counterclaim.

 

It is ordered that

 

The Claimants claim is struck out.

 

Judgement for the Defendant on the Counterclaim.

 

Any party affected by this order may within 7 days of Service upon them apply to the Court to have it set aside. Dated 20th May 2014.

 

 

The Claimant has not applied for it to be set aside. They are a firm of solicitors yet they are now chasing me again for the debt, giving me 7 days to pay or making threats. I have reported them to their Governing Body, but as they have taken it to Court the Governing Body won't do anything or get involved.

 

I thought I had read some where but I must have been mistaken that you can make an order Absolute ie they cannot reapply to have it set aside at a later date. Sorry my mistake, I was trying to find a way of doing something to stop them reactivating the claim again.

 

Thank you so very much

[BRIGADIER2JCS]

Thank you for your kind replies.

 

The Judge struck out the Claimants claim as on 2 occassions he set directions that they supply paperwork to the Court by a due date and they ignored both the Orders.

 

The Judge Struck out their claim,

 

Upon the Claimant having failed to comply with the Order on 25th April 2014 and further upon the Claimaint failing to serve a full breakdown of costs claimed as directed in a further order dated 7th May 2014

 

And upon no defence having been filed to the Counterclaim.

 

It is ordered that

 

The Claimants claim is struck out.

 

Judgement for the Defendant on the Counterclaim.

 

Any party affected by this order may within 7 days of Service upon them apply to the Court to have it set aside. Dated 20th May 2014.

 

 

The Claimant has not applied for it to be set aside. They are a firm of solicitors yet they are now chasing me again for the debt, giving me 7 days to pay or making threats. I have reported them to their Governing Body, but as they have taken it to Court the Governing Body won't do anything or get involved.

 

I thought I had read some where but I must have been mistaken that you can make an order Absolute ie they cannot reapply to have it set aside at a later date. Sorry my mistake, I was trying to find a way of doing something to stop them reactivating the claim again.

 

Thank you so very much

Failing to comply with the judges directions twice so there is very little chance of any judge allowing a application now to set aside.

 

 

 

 

I see the judge found in your favour on a counter claim what action has been taken to enforce this judgement?

Is it a money claim?

 

 

A recorded delivery letter to the Senior/managing partner of the solicitors along the lines of.

 

 

Ref: Judgement dated XX.XX XXXX. (Claim Number xxxxxxxxxxxx.

 

 

Sir/ Madam,

 

 

I refer you to the above mention judgement made against xxxxxxxxxxx solicitors on XX. XX.XXXX I now require you to state your intention for settling the counter claim within 7 working days of the date hereon.

 

 

If I do not receive your proposals for settlement I will commence enforcement of the judgement immediately without further reference to you.

 

 

Amend to suit.

 

 

Rogue solicitors must be challenged every time.