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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I received a court claim -payment of mortgage and interest

Resolved Question:

I received a court claim for non-payment of mortgage and interest from a limited company, Company ‘A ‘that I have a loan agreement with.
A charge was given over property to secure the loan.
I have not received any money from the lender as Company ‘A’ is dormant and has been since incorporation in 2011 and as such has had no financial transactions.
I have filed a defence to the claim and made a Counter Claim to have the charge removed.
The claimant, Company ‘A’, has submitted a reply to my Defence and Counter Claim.
In the reply to my Defence and Counter claim the claimant has stated that although the lender is dormant, Company ‘A’ arranged for an associated limited company, Company ‘B’ to provide money in accordance with the loan agreement.
Company ‘B’ does not exist and is not listed as a limited company at Companies House and therefore is a non entity.
I have never been notified of any change or substitution of the lender in the loan agreement
Are these grounds for having the case struck out and if so how do I go about it.
I am representing myself at the court hearing.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Did you ever have monies from a lender?Alex
Customer: replied 1 year ago.
No the lender is dormant and has never had any financial transactions
Expert:  Ash replied 1 year ago.
So you have never had any loan whatsoever from this company or associated to which the claim relates?
Customer: replied 1 year ago.
No
The company that the claimant says lent me money does not exist
Customer: replied 1 year ago.
I have carried out work for another associated company for which I have been paid by that company
Expert:  Ash replied 1 year ago.
Ok then you can apply to strike out. You need to complete form N244:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n244-eng.pdfThe Court will set the matter down for a hearing and decide whether or not to strike out the claim. But you will succeed if the Claimant has no realistic prospect of successfully bringing the claim.From what you have said, they do not.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Do I send a copy to the claimant
and can they apply for it to be re instated
Customer: replied 1 year ago.
What order am I asking the court
Expert:  Ash replied 1 year ago.
The court will send a copy to the claimant. You are asking that the claim is struck out.Does that clarify?Alex
Customer: replied 1 year ago.
yes thank you
Expert:  Ash replied 1 year ago.
.
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