Struck out and order discharged?

[juicyfruit]

Hello everyone,

I'll start at the beginning but skip over the rubbish..

I had a CCJ brought against me in 2002 with a case no. of (for arguments sake) CCJ12345 for the sum of £1300

This was one of those annoying problems you get with franchised buisnesses where the local office doesn't inform head office of anything. anyway..

I recieved another summons to appear in court for the same case no. CCJ12345, as i had not attempted to pay the original 2002 hearing.
this new summons arrived in late september 2007 for a court date in late october.
I did not attend the court as it was sheduled to be held 130 miles from me.
But to my asstonishment neither did the Plaintiff.
The Judge clearly didn't like his time being wasted and sent me a general form of judgment or order letter stamped by the court stating:-

"Upon neither party attending"

"IT IS OPRDERED THAT The application be struck out and the interim order discharged"

Dated 19 oct 2007



Can someone please explain to me exactly what this "order" means?
I appologise before hand if this is spoon feeding
Regards
Juicyfruit

[tkessex]

Was any more information provided than the statement quoted above?

In any case you are best advised to contact the court involved and merely ask for clarification of any judgement passed.

[Nick Dyer]

A couple of points to clarify for you:

Firstly, you should have applied for the hearing to be held at a court local to you. As the defendant you normally have the right to do that. That way you would not have to travel 130 miles to attend court.
Secondly, it sounds like the claimant had made an application for something. The details of the "something" would be on what you called the 'summons'.

To translate the order in to your own terms :-
The order that the judge has given has basically said that what ever the claimant had asked the court to consider in the summons has been throuwn out of court because neither party bothered to turn up.
This doesn't mean that the CCJ has been squashed. The judgment still stands against you.