can i apply to strick out a claim against me?

little_oak

Hi

i am in the middle of a case defending against Creation Financial services.

Whilst i am reasonably happy that they have an unenforceable credit agreement and the judge dismissing thier application to strick out on the grounds o no defence i am getting rather irritated with them by thier lack of compliance with court orders.

they have refused/been unable to supply an agreement with terms and conditions for the past 14 months despite two court orders to do so. Having only submitted the front page of what was an instore application for a store card with no T&C's but my signiture. They have also failed to submit evidence by the dates order by the court twice now. leaving me to enter my defence blind. this has then lead to them telling me they will be asking for it to be dismissed as it alledgedly contains a greater scope than detailed in my orginal defence submission.

Can i ask the court to strick out and if so what grounds and what form do i use?

Please note i am not one of those not paying because i don't want to but did orginally try to talk to these guys over two years ago seeking a sensible payment plan after i lost my job thier indifference and lack of customer care has left me with no choice but to bite back.

jon_boy75

they dont need to provide the credit agreement anymore, since a precedent was set allowing them to provide a 'reconstituted' agreement. someone better informed than me can tell you the case.

have they attempted to provide anything? if they're constantly in breach of court orders you can request a strike out, but i would have thought the court itself will have lost patience by now and brought them to account?

more details please

little_oak

Hi they have provided just a copy of the front of the store application and a clean copy of the same. there are no t&c's they say they were on the reverse and then in a witness statement say they can not produce them. The court has asked for the orginal document and t&c's twice and with three dates to comply. Plus i also asked for it last year. The dates are feb 2010 by me in a request with the statutory £1, by the court for a hearing in feb 2011, on the 7th feb 2011 by the court to be recieved by 25th March 2011. they themselves then asked on april 4 if it be extended to 25th April 2011. A letter today from them says they will send evidence shortly but still no orginal as requestd or terms and conditions.