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case thrown out of court
andyandpaulasmum
Posts: 15 Forumite
has anyone else had their case thrown out of court without been heard i dont know what else i can do
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i applied for £1,800 bank charges back it got took to court and got thrown out without been heard is there anyone in same situation or does anyone know what else i can do ?0
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andyandpaulasmum wrote: »i applied for £1,800 bank charges back it got took to court and got thrown out without been heard is there anyone in same situation or does anyone know what else i can do ?
Can you clarify was there any kind of hearing at all as normally there would need to be an application before a case can be struck out. The only exception is if there was a hearing and you failed to attend.As I am not the Pope or legally qualified I may be wrong so feel free to get a second opinion from a qualified person0 -
there was no hearing it was thrown out of court without been looked at i telephoned the court and was told that the judge had too many applications and was not looking at all of them and just throwing them out of court do you know if theres anything i can do ?0
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andyandpaulasmum wrote: »there was no hearing it was thrown out of court without been looked at i telephoned the court and was told that the judge had too many applications and was not looking at all of them and just throwing them out of court do you know if theres anything i can do ?
When you receive the formal order from the court as it was made without you being present you have the right to apply for the order to be varied or discharged but you will only have about 7 days to do soAs I am not the Pope or legally qualified I may be wrong so feel free to get a second opinion from a qualified person0 -
although my case was thrown out of court could i wait and see the outcome of test case and maybe try again0
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Why was it thrown out?0
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i telephoned the court to ask why case was thrown out they said it sometimes happens if judge got too many to look at0
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andyandpaulasmum wrote: »although my case was thrown out of court could i wait and see the outcome of test case and maybe try again
You maybe estoppel from submitting your case again. In other words the bank could argue because your case was thrown out and you didn't do anything to stop it, you have no right to have your case heard again.
I suggest you apply for it to be varied asap.I'm not cynical I'm realistic
(If a link I give opens pop ups I won't know I don't use windows)0 -
There also should have been a reason given in the letter that told you the case had been "thrown out".0
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what do u mean apply for it to be varied0
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