Crosswords7 mins ago
Failure to comply.
I recently appeared in court to apply to have judgement against me by a high street bank set aside. Both parties were directed to provide further information. I complied on my part but the bank still have not provided the required information (deadline was 5 December) What remedies are open to me ? Thanks in anticipation.
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Did you get the judgement set aside and then the court issue directions for the management of the claim? What track is it on? What was the information the bank should have supplied?
The court can strike out a claim for failure to comply with directions, but it will really depend on what the directions were. They would not normally take that sort of draconian step "in the interests of justice" for the sake of a few missed days and particularly in the case of a single element of failure to comply. Only if there is repeated failure will you be able to take action. You could apply for an "unless" order (ie unless the bank file and serve x within 14 days, the claim be struck out) but a) the bank will probably serve the missing information on receipt of an "unless" application and b) the court is unlikely to grant that for a first failure.
Another possible remedy you have is a claim for costs if the bank's default means a hearing is ineffective and you incur costs in attending.
The court can strike out a claim for failure to comply with directions, but it will really depend on what the directions were. They would not normally take that sort of draconian step "in the interests of justice" for the sake of a few missed days and particularly in the case of a single element of failure to comply. Only if there is repeated failure will you be able to take action. You could apply for an "unless" order (ie unless the bank file and serve x within 14 days, the claim be struck out) but a) the bank will probably serve the missing information on receipt of an "unless" application and b) the court is unlikely to grant that for a first failure.
Another possible remedy you have is a claim for costs if the bank's default means a hearing is ineffective and you incur costs in attending.
Thanks for that Barmaid. The judge ordered that the bank should provide particulars of the make up of the balance that the bank were demanding (the debt goes back several years and was subject to consolidation and an interest free period) and also provide a chronicle of events. He would then consider the set aside at a further hearing. The bank have so far provided no information to the court.
The claim was made under s13.3 of the CPR.
The claim was made under s13.3 of the CPR.
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