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Thread: How to strike out a claim? URGENT

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  1. #1
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    Default How to strike out a claim? URGENT

    I revieved a mcol, no particulars at all just a fixed sum.

    I filed a defence based on what I think it could be about just to purely put in a defence, I have received the directions questionnaire and before I fill it in and return it I wanted to explore the possibility of applying to have the claim struck out?
    (I originally wrote to the court asking them to strike out the claim if the claimant failed to provide the poc's within 14days along with my aos but got no reply)

    Is it worth writing to the court and asking them to consider it on the grounds the claimant provided no Particulars at all?


    Or should I hope the court decide to strike it out without my prompt?
    I'd like to avoid a hearing but at this point with my limited knowledge of what POCS I'm not in a position to accept mediation. I know the claimant is doing this out of spite and I owe no money so it's very annoying to me to have to go through any of this.

    Any help would be greatly appreciated!

  2. #2
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    Default Re: How to strike out a claim? URGENT

    Did the claimant put on the claim form that Particulars of Claim were to follow ?

    As you have put in your defence already then you can use the DQ to ask for it, however the claimant could simply provide the further particulars to get the claim on track. Could you post the claim word for word, and your defence to it pls. Is the claim over £10k ? I wouldn't just hope the court decides to strike - they won't without having reason to look at the claim - no one bar you and the claimant will have read it at this point.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    ****If you upload documents to your thread, please ensure you have redacted any personal data FIRST***

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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  3. #3
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    Default Re: How to strike out a claim? URGENT

    Hi there,

    No there was no mention of particulars to follow, in the section for the POCS it says

    The claimant claims interest under section 69 of the county courts act 198r at the rate of 8 per cent a year from **** to **** of £3.41 and also interest at the same rate up to the date of judgement or earlier payment at a rate of £


    Just to reiterate I wrote to the court manager asking for POCS or a possible strike out if not submitted within 14days (on advice of a solicitor ) but recieved no reply.

    Yes I was thinking that about the DQ but in all honesty it's annoying that the claimant may get extra time to provide the poc's when they should have been provided to me right away.
    Is it worth me applying to strike out the entire claim based on the Particulars? I read that I would have to pay a fee and fill out a form and it could be unsuccessful..

    The claimant has made a few mistakes on the mcol form, supplying no surname for myself and addressing the form to my place of work..it's all very clear to me it's a mischievous claim it's just convincing the court of that.

    - - - Updated - - -

    And no the claim is for £300

  4. #4
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    Default Re: How to strike out a claim? URGENT

    Okay cool. Sounds like you are right they have just bunged a claim in expecting you to have a panic and pay them so have put absolutely zero effort in.

    To strike out an application is normally required, a letter sometimes brings it to the attention of the court manager but most often they reply and request a formal application. You can do an application now and submit along with the DQ but it is going to cost you the application fee, reclaimable against the other side if you get the claim struck out, but an upfront cost for you - I believe it would be £100 at the moment ( without a hearing ) - I can't see how it would get refused though as no particulars at all have been provided. It depends really how much you put in your defence so might need sight of that so we know exactly what your position is at the moment.

    Alternatively you could try just using the DQ to request a strike out which as a LIP you might be okay with, but likely result is the court asking you to submit an application.

    Actualy wondering if the claimant could have made a mistake in not submitting particulars if they used the moneyclaim online system.

    Have you written to the claimant properly asking for the particulars ? and have they responded in any way ? ( by properly I mean that you could show to a Judge and seem reasonable etc )
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    ****If you upload documents to your thread, please ensure you have redacted any personal data FIRST***

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors and Legal Services Providers offering fixed fees on our sister site - LBcompare.co.uk

  5. #5
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    Default Re: How to strike out a claim? URGENT

    Quote Originally Posted by Unknown101 View Post
    I filed a defence based on what I think it could be about just to purely put in a defence, I have received the directions questionnaire and before I fill it in and return it I wanted to explore the possibility of applying to have the claim struck out?
    File your DQ before the deadline or your Defence is likely to be struck out.

    The DQ is a form simply asking for information so the claim can be allocated to your local court and any dates when you are likely to be unavailable and whether you intend to bring any witnesses with you or need an interpreter etc.

    The DQ is not an opportunity to have any 'legal' dialogue with the court.

    Did you put in your Defence that you are unable to plead effectively since the Claimant hasn't pleaded their claim with any facts? That Defence will eventually been shown to a DJ who could make make an Order for the Claimant to particularise their claim.

    However you've implied that you've filed a Defence based on guesswork on what the POC should contain so that may send out the signal that you know what this claim is about unless you drew the court's attention to the inadequate POC.

    Without seeing what you've put in your Defence it's hard to comment.

    A Summary Judgement application would ask the court to strike out the Claim as having no likely prospects of success.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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