case thrown out of court

andyandpaulasmum

should i write to the court

andyandpaulasmum

it was thrown out it says as a bar on judgement/enforcement is in place can anyone explain this to me please

beardface_2

It would help if you explained exactly what has happened on your case up to this point. I/we would only be second guessing as to what has happened without all the background.

andyandpaulasmum

the usual going down right road taking bank to court all straight forward doing as instructions and then getting letter from nottingham court telling me case been thrown out

Debt_Free_Chick

andyandpaulasmum wrote: »

it was thrown out it says as a bar on judgement/enforcement is in place can anyone explain this to me please

This suggests that a decision has been made beforehand, that you would not pursue the claim.

Or that the bank obtained a judgement preventing you from making a claim.

In other words, it was pointless you going to Court as the case was never going to be heard.

You'll need to give us some more of the background, especially about any discussions or claims you've made against the bank in the past.

Have you already claimed and agreed to accept a certain amount?

beardface_2

andyandpaulasmum wrote: »

the usual going down right road taking bank to court all straight forward doing as instructions and then getting letter from nottingham court telling me case been thrown out

Speaking bluntly

1. There is no such legal term as having a case thrown out therefore you can not have a letter from the court saying from any court stating such. You will have an "order" from the court. You need tou repeat that here verbatim, not paraphrased with your own interpretation.

2. There is no such thing as the "usual route". Every case is unique and the outcome is dependent on the sequence of events and the actions taken by the parties. You have not provided anywhere near enough information.

Having a bar on judgment in a letter is a million miles from having a case "struck out" and in fact may mean that your case is still active.

If you want help give a timeline, mention acknowledgement of service, defences, allocation questionnaires whether you requested judgment.

We all like to help on here but with the scant information you provided in the initial and subsequent posts many people will simply have not been interested in helping.

andyandpaulasmum

i paid court fees and recieved acknowledgment of service it stated that the bank was defending all ithe claim and heard nothing else until i recieved a leetter from court saying notice of judgement rejected giving the reason a bar on judgement/enforcement is in place please advise me

Iamthesmartestmanalive

andyandpaulasmum wrote: »

i paid court fees and recieved acknowledgment of service it stated that the bank was defending all ithe claim and heard nothing else until i recieved a leetter from court saying notice of judgement rejected giving the reason a bar on judgement/enforcement is in place please advise me

To me that sounds like the bank have argued the case should be stayed pending the test case

Your case hasnt been thrown out, merely a case of their being no judgement until the test case is complete

Tbh I find it utterly amazing how many attempts it has taken you to put a factual statement down as opposed to the 20 odd other posts in this thread were you havent given the information people needed

andyandpaulasmum

i rccieved letter in august stating before judge murdoch sitting at nottingham court without hearing it is ordered that the claim is struck out if the test case resolves in our favour will i be able to claim again my charges of £1,800. help

nickmack

andyandpaulasmum wrote: »

i rccieved letter in august stating before judge murdoch sitting at nottingham court without hearing it is ordered that the claim is struck out if the test case resolves in our favour will i be able to claim again my charges of £1,800. help

Can you clarify?

Do you mean the judge has ordered that your claim be struck.

or

Do you mean the judge has ordered your claim be struck if the test case is settled in favour of the banks

or

Something else?