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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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A company claimed i word them money, which i depend and sent

Resolved Question:

A company claimed i word them money, which i depend and sent them written proof that i did not, they then took out a county court action against me. On the day of the hearing they had not paid the court fee and the case was struck out and i was written to confirming this.
One month later i received a letter from the court saying that there was now a hearing at the end of January as the case was now reinstated. can i do anything, firstly i have now thrown all my paperwork away
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
There is no way of getting this struck out before it is considered I'm afraid. You can only apply for a claim to be struck out if it has no legal basis.
The only way to defend this now is to go to court and argue that the money is not due. It is fairly rare that a person can prove they do not owe something as you can never really prove a negative. What you do is convince a Judge that it is more likely than not that you do not owe the money but that can only be done at court.
The fact that the claim was struck out originally for non compliance with the CPR doesn't mean they cannot reissue I'm afraid.
Sorry if that is bad news but it is the reality of your position and I can only give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

sorry i should have said that there was to be a written contract between us, which i never signed and wrote to the company telling them that as they had written to me stating they could go no further because i could not give them any more information, they could go no further for me. I then wrote and said that our contact did not exist. (they were trying to get money back from a PPI for me)

Expert:  Jo C. replied 2 years ago.
Did you use their service?
Customer: replied 2 years ago.

no they wrote and told me they could go no further with my case

Expert:  Jo C. replied 2 years ago.
If that is right then that is a defence. They just didn't perform the contract. That is what you will have to raise in court.
Customer: replied 2 years ago.

thank you thats what i thought

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
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