Court Papers received - draft abuse of process defence

MC12345

Thanks, fingers crossed, the wording on order 2 is very definitive, not 'may be struck out', but 'will result in the claim being struck out' - can only hope.

MC12345

Just spoke to listings at the county court and they said they  filed with the court on the 5th November (15 days before - compliant with order), advised that's very well but they didn't serve to us until yesterday, 12th, (not compliant with order)  she said they will go by the date of the statement which is dated 28th October ????

Oh well, can only send the email in the hope it is picked up by the judge.

MC12345

Will this be at the discretion of the judge or is there some authority we can quote to help make it easy for him/her to bosch it ?

Le_Kirk

beamerguy said:

Le_Kirk said:

  The C is supposed to be a professional outfit whilst the defendant is a Lay person!

Professional claimants ???   doubt we will ever see that in the parking scam

I did say supposed to be!  Professional in the sense that they are paid for it, it is their day job.  For the purposes of comic effect, I agree with your comment!

Coupon-mad

This will be down to the Judge on the day of the hearing, not the clerk's opinion.

nosferatu1001

Make sure you have proof of the late service.  

henrik777

MC12345 said:

Thanks Hendrik777, just wasn’t sure if they might try and present some lame excuse and the judge might allow it ??? 

https://www.civillitigationbrief.com/2019/02/22/if-you-are-at-trial-and-havent-paid-the-trial-fee-strike-out-is-automatic-a-formal-application-for-relief-from-sanctions-needs-to-be-made/

Ignore the reason for the AUTOMATIC STRIKE OUT which is different and focus on the effect of an automatic strike out. The envelope etc is evidence.

Obviously the fact is they sent to the court in time, but not to you. They will need to explain this, and personally, i think it reeks of opportunism. That simply cannot be a good enough reason to grant relief.

You will however, need to explain to the court, that they were late sending and serving you and thus the automatic strike out, as per the court order, took effect.

MC12345

Thanks for the continued replies. We sent the letter off on Friday along with the evidence, (envelope with stamp mark and cover letter with date post 2 weeks to hearing). On Friday the County court person on the phone said, send an email and we'll pop it before a judge for consideration if it is a preliminary mater.

Today, the county court help desk (different person on the phone) said that these items can't be put in-front of the hearing judge as a preliminary mater for strike out without an N244 form and the associated £100 being paid for a judge to see it before Friday mornings hearing. It seems like a bit of a big spend to do that and perhaps hope that the hearing happens on Friday and application for strike out and costs happens then, or by some fluke if the judge preps the case they look at the papers before the hearing and and see our request and vacate the hearing (an easy out to clear Fridays pile) at the top of the bundle.

Does this all stack up ? I haven't been given duff info by the county court desk ?

Many Thanks

Coupon-mad

Yes, that makes sense.   Wait till the hearing and the Judge should have read it...if not, start with that as a preliminary matter before the Claimant speaks, get in there.

MC12345

Thanks coupon-mad, FYI this is what we sent.