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F E Smith
F E Smith, Solicitor
Category: Bankruptcy Law
Satisfied Customers: 8445
Experience:  30 years in general practice.
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I am defending another spurious money claim that I 't

Customer Question

For FES Only:HiI am defending another spurious money claim that I don't believe has anything to do with me.The Claimant was ordered by a Deputy District Judge to "file and serve a reply to Defence by 4.00pm on 7 July 2016".The Claimant has not done so.Yesterday I was served with a N244 Application by the Claimant asked that they be "granted relief from sanction under CPR 3.9 for its failure to file and serve a reply to Defence by 4.00pm on 7 July 2016". They have requested that the matter be dealt WITHOUT a hearing and have included a whole load of legal technicalities and case law references in their evidence. I can send these across to you if you would like to read.This N244 was dated 8 July 2016 - AFTER the deadline to reply to my Defence.My questions are as follow:1. Do I have any right to defend this application, and if so, how do I go about it?2. Is it reasonable that they ask for an extension after the deadline to file has passed?3. Do I have any grounds to request the matter be struck out on the basis that they did not comply with the original order?Your help once again would be greatly appreciated.Thanks and best regardsChris
Submitted: 3 months ago.
Category: Bankruptcy Law
Customer: replied 3 months ago.
Attaching copy of the N244 served.
Expert:  Ash replied 3 months ago.

Hello my name is ***** ***** I will help you with this.

Has the matter been allocated to track Chris?

Customer: replied 3 months ago.
Thanks - but this question is for FES only.
Customer: replied 3 months ago.
Please vacate the question and allow FES to respond. Thanks.
Expert:  F E Smith replied 3 months ago.

Hello again. Thank you for the question.

I think we’ve covered this on the other thread now but please don’t forget to rate this thread so that I get paid for my work on the other thread (I hope that makes sense.).

Best wishes.

Customer: replied 3 months ago.
HiThanks - if I did want to argue the application how would I go about it?Given that the Claimant has requested it be dealt without a hearing how would I get my objections in front of a judge? I know this is a spurious as the other claim and am determined to force them to produce some evidence sooner rather than later!ThanksChris
Expert:  F E Smith replied 3 months ago.

If they are producing the evidence now, then I think that it’s a waste of time defending it which is why they have asked for it to be dealt with without a hearing because it saved costs and in all honesty it’s largely a formality.

If however they not producing the evidence now, I would oppose it and say that they’ve had plenty of time to produce the evidence and they have produced it now after so many months, clearly it’s not available and all they are doing is prejudicing your position.

Customer: replied 3 months ago.
HiThey have not produced a shred of evidence of any agreement in any form whatsoever which is why I want to defend it and point that out as soon as possible to the court.There is no form enclosed or referred to with the N244 so how do I actually go about arguing it and ensuring that it catches up with the Claimant's N244 which had already been filed?ThanksChris
Expert:  F E Smith replied 3 months ago.

Just write to the court stating that you wish to oppose the application on the basis that they have had plenty of time to produce the documents, they admit (point out the part of the application I mentioned) that this is their error and their submissions are spurious padding. Attach a witness statement detailing exactly why they shouldn’t get any relief and why their claim should be struck out.

I would say, that you also wish it to be dealt with without a hearing, because the last thing you want is to lose and have the claimant apply for costs and then oppose that on the basis that this is their fault.

Can I clarify anything else for you?

Please don’t forget to rate the service positive. It’s an important part of the process by which experts get paid. It doesn’t cost you anything but helps me greatly.

Best wishes.


Customer: replied 2 months ago.
Hi again...I have just submitted a new question marked For FES Only - I very much hope you will be able to help as soon as possible.Many thanks and best regardsChris
Expert:  F E Smith replied 2 months ago.

I will look at it now for you.

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