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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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In 2011 I received a court summons claiming that I owed a debt

Customer Question

In 2011 I received a court summons claiming that I owed a debt to my ex employer, I disputed the claim and filed a defence, nothing more was hear until late 2014 when I received a directional questionnaire, I contacted my ex employer to quire why they had not take the action before, they said it was because the courts lost the papers. I asked another lawyer on you web site if they could do this and she said that there action was an abuse of procedure and unlikely to succeed. I sent a letter to the court saying this (not on a formal document) and received back the following order 'On the courts own imitative it is ordered that unless the claimant file an direction questionnaire by 4pm on 3rd December 2014 the claim be stuck out.' The order was made in pursuant to CPR 1988 part 3.3(3) The claimant's must have filed a directional questionnaire as the next thing I have received is documents with a hearing date of the 26th Feb.
I believed my defence was accepted in 2011 and as a result the evidence to prove my defence has now been destroyed and therefore the delay has seriously prejudiced my ability to defend myself. What I need to no is can I get this case permanently struck out before the hearing and if so what forms do I need to complete and what do I need to put down to make the judge dismiss the case,
I was required to file my defence within certain time limits, surly there is an obligation if they want to proceed to do so also within time limits, if so what are these, I also read that the European Court on Human Rights(ECHR) Article 6 (1) clearly states that I have a right to a hearing in a reasonable time and that reasonable time is from the date the summons was issued, so can I rely or use the Article 6 (1) ECHR
please can you help
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

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

Alex Watts :

What is the value of the claim please?

JACUSTOMER-dy1id3hz- :

£16,500

Alex Watts :

Just to be clear, when did you file the Directions Questionnaire and that it has now been listed ?

Alex Watts :

Is the claim number the same?

JACUSTOMER-dy1id3hz- :

The claim numbers are the same as the one from 2011 The directions questionnaire was sent to me July 2014

Alex Watts :

Ok. Have you asked the Court why the case was allowed to continue?

JACUSTOMER-dy1id3hz- :

No, I don't no how to

Alex Watts :

Let me get this right. The claim was started in 2011, you filed a defence but then heard nothing until 2014?

JACUSTOMER-dy1id3hz- :

That's absolutely right, when I ask the claimant why they had done nothing 3 years I was told that the courts had lost the papers! But as I said that they did nothing since 2011

Alex Watts :

Ok. You need to make an urgent application to stay proceedings. You need to use form N244

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

This is because the Court should NOT have started the proceedings back again

Alex Watts :

You filed a defence.

Alex Watts :

Then usually within a few weeks the DQ's are sent out

Alex Watts :

The Court can not be reasonably expected to try this matter given that it was 3 years before they did anything

Alex Watts :

As you say you have an Art 6 argument.

Alex Watts :

But apply to STAY proceedings

Alex Watts :

If this is refused then you can appeal to a Higher level Judge

Alex Watts :

But you need to stay first of all

Alex Watts :

Can I clarify anything about this today please?

JACUSTOMER-dy1id3hz- :

Can you advise what I should say on this form

Alex Watts :

Just that.

Alex Watts :

It was 2011 you filed the defence then you got the DQ in 2014

Alex Watts :

It would be unfair to allow proceedings to go and you would suffer prejudice

Alex Watts :

You cant be expected to defend an action after 3 years of nothing

Alex Watts :

Can I clarify anything else ?

JACUSTOMER-dy1id3hz- :

OK thanks help, let hope that works, but if I need to apply to a higher level judge is the another form I need to file

Alex Watts :

That would only be on appeal and that is automatic

Alex Watts :

If this does answer your question can I ask you to rate my answer before you go, it should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

JACUSTOMER-dy1id3hz- :

OK thanks help, you have been excelent

Alex Watts :

Thanks! Please remember to rate

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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