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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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County Court Claim – Strike out applicationWe have requested

Customer Question

County Court Claim – Strike out application We have requested an application be struck out, we sent the details to the claimants solicitor but he sent a letter today saying he has not received it and needs it by tomorrow at 11am. Failure to do so will result in vacating the strike out hearing due to the defendants non-compliance. We have sent the documents to him, this is the second time he’s pretending not to get documents – what do we do? He has already amended his particulars of claim without a hearing or allowing us to object by using case law, can he get this hearing (next Tuesday) vacated without us stating we did send the strike out application to him?

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

Alex Watts :

Have you applied to the Court for strike out please?

JACUSTOMER-yd6ky6x6- :

yes its set for next week

JACUSTOMER-yd6ky6x6- :

and i sent the docs to the solicitor before but not recorded delivery

Alex Watts :

Ok. Normally the court sends a copy of the application to the other side, did they not do this on this occasion?

JACUSTOMER-yd6ky6x6- :

probably did, the order said "application be served upon claimant upon receipt of this order"

Alex Watts :

I would check with the Court. If you sent the application by first class post it will be deemed served on the 2nd working day after posting.

Alex Watts :

In any event the Solicitor knows about it now so there is no escuse.

Alex Watts :

excuse

Alex Watts :

But I would check with the court, they usually send a copy and if so, you do not need to do anything.

JACUSTOMER-yd6ky6x6- :

hes sent a recorded delivery letter dated two days ago saying "he has not received it and needs it by tomorrow at 11am. Failure to do so will result in vacating the strike out hearing due to the defendants non-compliance."

JACUSTOMER-yd6ky6x6- :

and the hearing is next week

Alex Watts :

Check with the Court. If the Court have posted it and you have I would not worry. In any event you could print out and fax the application and get a confirmation receipt. Or just scan and email the papers and with a delivery receipt.

Alex Watts :

Can I clarify anything for you about this at all please?

JACUSTOMER-yd6ky6x6- :

This is what I will say; In reference to your letter in the subject line:

I am surprised you have stated not receiving the application documentation and have left it so late to let us know.

I have attached a scanned copy here, letter to follow.

Note any request to vacate the hearing will be refuted.

JACUSTOMER-yd6ky6x6- :

via email

Alex Watts :

Ok.

Alex Watts :

Yes and make sure you get a delivery receipt.

JACUSTOMER-yd6ky6x6- :

ok as in, is that acceptable?

Alex Watts :

Yes.

JACUSTOMER-yd6ky6x6- :

he never sends them, and he always says his fax is working but seems to turn it off when we fax (3 times now)

Alex Watts :

I see. I would email and click the button for delivery receipt.

JACUSTOMER-yd6ky6x6- :

He's basically an upside down book, real nightmare

JACUSTOMER-yd6ky6x6- :

Thats what I mean we have the receipt option but he never sends it back

JACUSTOMER-yd6ky6x6- :

and the fax report stops too

JACUSTOMER-yd6ky6x6- :

works for everyone but him..should I send recorded letter also?

Alex Watts :

Dont worry about a read receipt just a delivery receipt. No do not worry about sending recorded.

JACUSTOMER-yd6ky6x6- :

why not worry? you sure the judge cant say no letter not served etc

Alex Watts :

Yes because all you are required to do is serve by first class post. In any event the Court, as I have said, may have sent it.

JACUSTOMER-yd6ky6x6- :

ok thanks

Alex Watts :

If this answers your question, please take a moment before you leave and rate my service, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex

JACUSTOMER-yd6ky6x6- :

I rated it but its still asking to rate it

Alex Watts : That is strange, it does show you have rated it for which I am grateful!

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