Oh FFS! Buyer of my car issued court summons!
Discussion
RRH said:
I've just spoken to the court, he didn't pay so the action has been struck out.
What an absolute pain in the arse. Don't get me wrong, I'm pleased to not have to go to court, but I was happy to do so as I've done absolutely nothing wrong!
Anyway, thank you all for your help and assistance, I really am very grateful.
You should have paid it for him, would be funny to see his face.What an absolute pain in the arse. Don't get me wrong, I'm pleased to not have to go to court, but I was happy to do so as I've done absolutely nothing wrong!
Anyway, thank you all for your help and assistance, I really am very grateful.
Breadvan72 said:
Issuing new proceedings making the same claim would be an abuse of the court's process, and such a claim would itself be liable to be struck out.
Would you really be kept awake at night by someone making a Mickey Mouse claim against you?
True, but a claim being struck out for non-payment of a court fee is a sanction based on on-payment of that fee rather than any finding on the merits of the claim itself. The claimant could apply for relief from sanction and to have the claim reinstated on payment of the fee, but hopefully the non-payment is the claimant chickening out rather than an oversight in not paying!Would you really be kept awake at night by someone making a Mickey Mouse claim against you?
Andy_GSA said:
True, but a claim being struck out for non-payment of a court fee is a sanction based on on-payment of that fee rather than any finding on the merits of the claim itself. The claimant could apply for relief from sanction and to have the claim reinstated on payment of the fee, but hopefully the non-payment is the claimant chickening out rather than an oversight in not paying!
What he said above, but to add, that you have the statute of limitations that will eventually protect you.I think though, the only way to be free & clear would potentially be to get him to withdraw the claim properly, or pay the hearing fee and force the issue through.
Breadvan72 said:
Issuing new proceedings making the same claim would be an abuse of the court's process, and such a claim would itself be liable to be struck out.
Would you really be kept awake at night by someone making a Mickey Mouse claim against you?
Would the threat of a potential court case that could cost me time, money and personal/professional integrity make me lose sleep? Yes, of course it would.Would you really be kept awake at night by someone making a Mickey Mouse claim against you?
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