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JimLawyer
JimLawyer, Solicitor
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I am the claimant for a money claim. I have applied to

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Hi, I am the claimant for a money claim. I have applied to strike out the defence and all submissions of the defendant as she has not signed any statements of truth or served correctly (we asked for post serving and she's always just emailed, and to the wrong address). We have a telephone hearing scheduled for this Weds (16th).We emailed our skeleton argument and electronic bundle this morning, and served by hand, to the defendant/court (within the deadline). She has since replied and seems to think that this is a trial of the full facts of the case and seems unaware of our strikeout application and the hearing, yet she has acknowledged receipt of the letters from the court. The court requested a clearer argument/particulars of claim which we sent in as requested, and she replied to this in January of this year. She's now suggesting that the bundle sent today is a response to this request, and has forgotten that we sent the particulars. It's all very bizarre.She is a nearly-qualified solicitor and has passed the bar in New York, whereas I am not a legal professional. I'm not sure whether to reply to her email, or whether the court will adjourn the case because she seems to have no clue what's going on?

Hi, this is Jim, thank you very much for the question - I will do my best to resolve this for you today.

It is not a full trial, the only thing the court and the judge will be concerned about is your application and the lack of merit / prospects of success of the defence. You should still attend the hearing on Wednesday. When you do, address the judge as either "Sir" or "Madam". Say that your application is to strike out the defence and briefly summarise the reasons why - the attached may be useful as it refers to the relevant rule in a civil claim. The court is unlikely to adjourn the hearing for want of knowledge - it is not a full trial - it is simply to assess the merits of your application, and the lack of merit in the defence document. If you can show there is no real reason why the case needs to go on - i.e. the defence is poor or shows no reasonable grounds for defending this claim, then the judge has discretion to strike it out and grant you summary judgment.
I hope this helps?

Customer: replied 8 days ago.
thank you- we have already sent our skeleton argument and supporting documents. She has asked the court to strike out our application because it's missing information (as she thinks this is a full hearing).She also thinks that we should have asked for her input into our bundle- the letter we received from court just said we needed to send it in 48 hours in advance, but she seems to think we should have collaborated. I was under the understanding that each side should have their own skeleton argument. She sent some things to put in (after the deadline) that were completely irrelevant to the case or even the full hearing. She copied the court into the email, saying we have never sent particulars of claim (not true, she replied) and that we should be struck out- she is completely lying to the court. Do I need to do anything?

No, it's not a full and final hearing - there is no agreement for a bundle as a result. She is completely mistaken. You do not collaborate in this - you make your application, she needs to file a witness statement to set out why she opposes your application. If she is lying then it's a serious issue for her - you should definitely flag this with the judge when you speak to them on Wednesday.

Customer: replied 8 days ago.
Thank you- should I send in any evidence of her lying to the court or just raise it during the hearing? These emails were all CCed to the main enquiries inbox of the court.
Also, do we need to understand the case law in our skeleton argument, it was prepared by a barrister on a one-off charge and I understand the principles but I'm not familiar with the cases or anything, will that matter?

I would raise it at the hearing and ask the judge to make an adverse inference based on what she has done (I wouldn't go so far as to tell the judge "she's lying", rather tell the judge there are serious discrepancies and hopefully the judge will ask the solicitor to explain herself).
The judge will be aware of the reasons for your application - if they are still unsure then refer them to the case law and ask them for an order as per your request. Nine times of out ten the judges have already made their mind up about the outcome from reading the papers.

Customer: replied 8 days ago.
Thank you. If we win, are we able to apply for a charge on her property straight away, or will she be able to delay this?

It'd be if they fail to pay after 14 days (from the court order).

Here is the link : https://www.gov.uk/government/publications/form-n379-application-for-charging-order-on-land-cpr-part-73

A £110 fee is payable.

Though I favour bailiff enforcement. You can transfer the CCJ to the High Court so that you can use the high court enforcement officers (who have far greater powers than county court bailiffs including seizure of goods to sell at auction and forcing entry to premises). The following company can do this for you and they add their fee to the CCJ sum: https://www.courtenforcementservices.co.uk/services/ccjs-transferring-high-court/

Customer: replied 8 days ago.
Would her appealing etc prevent the enforcement?
Customer: replied 8 days ago.
We will have to do a charge as it's her only real asset, and the claim is around £40k

She can only appeal if the judge is wrong on a point of law or procedure - until an appeal is allowed then you can enforce. You can apply for the charge and then force a sale - easy to do. Bear in mind an appeal has to be considered by a judge - if there are no prospects of a successful appeal and it appears she is buying time - her request for an appeal WILL be rejected

Customer: replied 7 days ago.
We think she is trying to give her flat to her mother to avoid a charging order- I have a copy of the land registry from today that shows she still owns it. Would she be able to do this to avoid paying?

She could do, yes, though a freezing injunction can be applied for under Part 25 of the Civil Procedure Rule - https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part25/pd_part25a

The application fee is £255 which is recoverable from her if your application succeeds. It would be worth applying if the house is the only asset available and if there is a real risk she would try to put it out of reach by giving it to a family member.

Customer: replied 7 days ago.
Could we apply for that immediately and not wait the 14 days?

Yes, you could do it without notice and indeed that would be wise as she could easily make a transfer within that time if she tried. The N244 form must be used and say that you make the application under CPR rule 25 and Practice Direction 25A, for the freezing injunction. You should say why you are making the application and to ask for the order to made urgently. You should detail the address for the property in question.

Customer: replied 7 days ago.
Is there a template for the freezing order?

Hi, you can use a witness statement and draft order. The wording is on the annex to this link : https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part25/pd_part25a#6 however I have not actually done one myself, though other experts on Just Answer may have so if you need more help, just post a new question and ask for help with applying for a freezing injunction.

JimLawyer and 4 other Law Specialists are ready to help you
Customer: replied 7 days ago.
had this reply
"Ella, I do not mean to enter into communication.The Court Order directed that the Claimant (you) and the Defendant (me) should agree a bundle and it made you responsible for creating the bundle for the Court. This has not been done as the bundle you have submitted is gravely deficient: it was not agreed, does not include your argument or evidence and does not contain my documents.The rest is properly for the Court to decide."The letter just said that one party is responsible if they have representation but neither of us have representation. We're not planning to reply to this- she's definitely wrong?

The bundle is for the final hearing, not an interlocutory application. I have not seen the court order she is referring to, and would like to if you can upload it. The claimant is usually tasked with preparing the final hearing bundle and to agree the contents beforehand.

Customer: replied 7 days ago.
we are the claimant

Yes, you would need to prepare a bundle to be used by the court for the final hearing.

Customer: replied 7 days ago.
how do I send an attachment?
we have no final hearing date at the moment, just this strikeout one

There should be a paperclip symbol. For uploading documents please see the following guide: https://www.justanswer.com/help/how-do-i-send-photo-or-file-expert

Customer: replied 7 days ago.
File attached (P2SP1Z7)

Thanks, ***** ***** order at paragraph 3 - it says either the claimant or the party making the application must do the bundle - correct me if I am wrong but it was they who made the application, hence the hearing on the 16th?

Customer: replied 7 days ago.
no we made the application, and we sent the bundle
she sent us one document yesterday afternoon but it was nonsense

Thanks, ***** ***** the other party is legally represented? They have a solicitor, so are legally represented? Para 4?

Customer: replied 7 days ago.
it says we have to send to her 48 hours before, which we did
Customer: replied 7 days ago.
no they are not represented either
they are themselves almost qualified as a solicitor

I see, OK, then you would have to have prepared the bundle - you say you have done this, which is fine. It needs to be emailed to the court and again, I think you have done this already. If she sent a document yesterday she just needs to send that to the court by email if she wants it included. I would not correspond further with her though

Customer: replied 7 days ago.
yeah we won't reply. ok thank you for your help

No problem, thanks

Customer: replied 7 days ago.
Noone has picked up my freezing order question - if you're able to pick up I'd appreciate it? Still going to be 1000x better than anything i do
Customer: replied 7 days ago.
Keen to get something in before the hearing tomorrow

Hi there, I've not done one before, but if you ring the court tomorrow morning, see if they will take payment for an application, send them a completed N244 form, ask for the application to be dealt with at the same hearing tomorrow at 12.30pm.