my claim struck out, item buyer lied to ebay/paypal stated item faulty

[AndyOrch]

You must submit a witness statement in response and objection to their application Mathew.Use the CPR rules as to why the court should dismiss it.CPR 3 is a good starting point look for relief from sanctions.

Your statement must submitted not less than 14 days before any hearing date.

 

Andy

[MathewLisett]

so in other words simply sending a letter adress the court as to why the defendants application to set aside should be struck out.

[AndyOrch]

A witness statement in the format of a witness statement...not a letter....letters go in the bin

[MathewLisett]

so like this aswell as my parts as to why i believe their set aside application should be struck out.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements

[AndyOrch]

so like this aswell as my parts as to why i believe their set aside application should be struck out.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements

 

Dont forget to quote the relevant CPR parts that you rely on as to why their application should be dismissed...have a go post it here and I will check it for you.

 

Andy

[MathewLisett]

hmm thats where im going to get stuck as ive just looked at https://www.justice.gov.uk/courts/procedure-rules/civil and i have no clue which ones i need.

 

ok so after i googled cpr 3 (since the site itself came up with nothing)

 

i have found https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03#3.4 which i think its a case of using

 

Power to strike out a statement of case

3.4

 

© that there has been a failure to comply with a rule, practice direction or court order.

[AndyOrch]

You have to use the law to fight them...so you quote and rely on the Civil Procedure rules as to why you object and why their application should be dismissed.As already stated above CPR 3 is a good starting point.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03#3.3

 

and 3.4

 

and 3.8

[Ganymede]

hi folks, ok so i think on the 15th august the defendant failed to send in their questionaire from the court and this was the 2nd deadline that was missed, so about 3 weeks ago after i made a call asking when the judgement is being sent to me via post i was told i needed to request the court for this to happen as apparantly they dont happen automatically. so i gained the judgment in my favour YES!!!

 

and just as i was about to do a high court rite, i get a call and was told that apparantly 2 months after the said deadline the defeandant has applied to the court to have the judgement set aside havifn filled the directions questinaire on time.

 

so on the peice of paper it states becuase this was done without a hearing that im able to apply to the court to have this order set aside,varied or stayed.

 

so my question is which do i need to request the court for the defendants request of the judgement to be set aside and for my judgement to be alive again so i can move on.

 

but on reading the last bit it says

 

IF the application is one which requires a hearing,and

a) the party making the application is the defendant,and

b) the defendant is an individual,then upon the filling of the application the claim will be transferred to the defendants home court. In all other cases requiring a hearing the claim will be transferred to the preffered court.

 

so im guessing im still able to do this application (sorry but the defendant section last bit has confused me now)

 

this application needs to be filled within 7 days of the order which arrived today and has the date of the 12th

 

 

Please can you answer my question?

 

Was the DQ filed in time or not?

 

What date was the DQ due and on what date was it actually filed?

 

Thanks.

[MathewLisett]

surely the first sentence would have answered this for you.

 

ie i filled mine on time and they failed according to ccmcc database to fill it on the first and 2nd chance.

[Ganymede]

surely the first sentence would have answered this for you.

 

ie i filled mine on time and they failed according to ccmcc database to fill it on the first and 2nd chance.

 

 

So what does this mean...

 

"the defeandant has applied to the court to have the judgement set asideicon havifn filled the directions questinaire on time."

[MathewLisett]

how would know, thats just whats on the document ive been sent. all i know is that nearly two months ago the deadline for them to file their questionnaire passed and i was informed they have failed to do so, so when i requested judgement weeks later i then got the judgement in my favor. so i have no idea whats going on. i can only assume they are pulling a fast opne on the court, enough for the court to do what they are doing.

[Ganymede]

Might help if you get a copy of their set aside application and tell us what it says.

[MathewLisett]

and how do i do this?

[Ganymede]

You should have been sent a copy. If not, then call the Court and request a copy be sent to you.

[MathewLisett]

so are you saying i should have received a copy of their application to setaside the judgement. as all i have received are the court documents about transferring to his local court.

 

so is there a specific form etc to gain this copy?

[Ganymede]

Yes the Court should have served you with a copy really.

 

Just call up and say you haven't got a copy of their application and ask the Court to post you one out.

[MathewLisett]

ok so the judgement for this case was in the defendants favour.

 

so i set an applicaiton to setaside that judgement along with why.

 

now with a hearing that i wasnt present at simply becuase i cant travel a round trip of over 9 hours, the judge has dismissed my application and found in favour of the defendant.

 

there has been no reasons given as to why i lost the case.

 

I have now sent a quote request however to thetranscriptionagency to find how much itll be .

[BazzaS]

You also posted on the thread http://www.consumeractiongroup.co.uk/forum/showthread.php?469584-How-do-I-deal-with-this-order/page3

 

It is hard to tell which case is which!.

 

If the sequence is

1) your claim got struck out

2) you applied to have the strike out set aside

3) your application was refused

 

Then there is little point in seeking a transcript.

 

I'm still trying to work out which claim had a judgement in your favour that the defendant got struck out, that you then lost. It might be worth seeking a transcript for the hearing of that case, but who knows with you posting the same details to the threads of different cases!

[MathewLisett]

as i have pm'd two staff members about this,

 

 

i messed up and its all down to ym dyslexia.

 

 

so its no surprise at all that you folks got confused and i greatly appologise for that.

 

i went with a set aside application as thats the believed advice i gained from here.

 

and just to set it straight, THIS is now the correct thread and again im sorry

[AndyOrch]

All posts made today to this thread have been unapproved at the OPs request

 

Regards

 

Andy

[Ganymede]

Same question as last time, did the Defendant win at a final hearing?

[MathewLisett]

Ok so had court papers today stating that a hearing will happen at the defendant place which i wont be able to attend as its too far away.

 

so since i know you can apply for the hearing to be transfer from one court o one closer to you, can somebody tell me what form this is as google isnt being very helpful or im giving it the wrong keywords.

[BazzaS]

Ok so had court papers today stating that a hearing will happen at the defendant place which i wont be able to attend as its too far away.

 

so since i know you can apply for the hearing to be transfer from one court o one closer to you, can somebody tell me what form this is as google isnt being very helpful or im giving it the wrong keywords.

 

N244.

 

Usually hearing is at Defendant's local court unless you are acting as an individual and they are a business.

What grounds are you wanting to use to arrange a transfer contrary to this?

 

GM previously advised:

Might help if you get a copy of their set aside application and tell us what it says.

 

That remains relevant, and unanswered.

[MathewLisett]

unfortunately times flown by and i havent managed to give them a call requesting a copy.

 

the reason is due to my health, that being ocd, depression, anxiety all supported by gp.

[Ganymede]

unfortunately times flown by and i havent managed to give them a call requesting a copy.

 

the reason is due to my health, that being ocd, depression, anxiety all supported by gp.

 

How do you hope to defend the application if you haven't seen it and don't know what they will argue?!

 

As for the location of the Court hearing, I wouldn't waste hundreds of pounds on an application to transfer the Court as you have little chance of success.