MKDP(Claimant)didn't comply to court order - CASE STUCK OUT :) !

[zhanzhibar]

Hi all,

Hope you all have a good new year celebration.

Long story short, I received a court claim from MKDP LLP for HSBC bank account that was close on 2008. I put in a defence whereby I requested all documents including statements. I received Notice of Allocation to small claims track dated 27th November where the DJ ordered MKDP (claimant) to serve me with all documents I requested by 4pm 12th December 2013. The DJ also ordered me to file supplementary defence following receipt of the documents by 4pm tomorrow.

Up till now I have not received anything from the claimant. I wrote e-mail to attention of district judge on 16th Dec informing DJ & court that I have not received any documents.

My question then:

1) Should I still submit a supplementary defense as ordered by DJ tomorrow?
2) As I don't have any document to rely on... what am I suppose to write on this supplementary? Can I ask that the claim be strike out?
3) What happen if I don't submit a supplementary to my defense?

I am a bit stump what to write tonight for submission tomorrow. Any advice as to what to say or do is much appreciated.


Zhan

[ploddertom]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

All you can do is to write and inform them you cannot comply with the Judge's directions as the Claimant has not provided the documentation which was ordered to be disclosed by xx December. Ask that further directions be decided or a Time Order made.

[mystery1]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

Depends on the wording of the judges order.

M1

[zhanzhibar]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

Hi

thanks for responding.

Extract from the order from the judge:

" By 4 pm on 12 December 2013 the claimant shall serve upon the defendant copies of those documents the claimant relies on to include those referred to in paragraph 5 of the defence ( and if any such document is not available an explanation in writing of why that is so and the gist of its content as contended for by the claimant).

By 4 pm on 2nd January 2014 the defendant shall file and serve a supplement to her defence which indicates whether she then admits this claim or disputes it with summary of her reasons and copies of the documents she relies on at trial. "

[zhanzhibar]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

So tomorrow I just submit a letter to court instead of a supplementary defence reiterating that I can't defend anything as there is no document?

Ploddertom, what do you mean by asking for further directions be decided or a Time Order made? what is a Time order? Can't I just ask that the case should be strike out?

[ploddertom]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

You have to be seen as being reasonable. I agree you could ask for it to be struck out but take the chance they may resurrect it at some stage in the future. If you ask for a Time Order when they have to do A by xxx Jan then failure to do so will result in the case being struck out with permission to restore being denied. If that is a possibility then ask for a short timescale - 7 days - as they have already had more than sufficient time and shifts the pressure to them.

[zhanzhibar]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

Hi

This is what I was planning to send tomorrow

"

1. The Defendant wishes to draw the court’s attention to the following matters: a) The Claimant has failed to disclose and produce verified and legible copies of documents as requested by the Defendant under CPR 31.14. b)The Claimant has failed to comply with the order from District Judge Ridgeway to serve upon the Defendant by 4.00 pm on the 12^thDecember 2013 copies of those documents the Claimant relies on.
2. In view of the Claimant’s failures to comply with both Civil Procedure Rules and an order from a District Judge, the Defendant is not able to provide any further supplement to her defence.
3. The Defendant respectfully request that the court gives consideration to whether the Claimant’s statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16 and Practice Direction 16.

Statement of Truth
"

[zhanzhibar]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

Maybe I should not send that perhaps?

[mystery1]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

I'd not be entering a defence but making an application for an unless order as you did before http://www.legalbeagles.info/forums/...highlight=zhan

M1

[toomanycalls]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

Just following up what happened here?

Had a similar one myself the year before last that eventually got struck out because the claimant (Arrow in my case) failed on two occasions to comply with the DJ's order for disclosure.

[pt2537]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

If the Court makes an order, post Mitchell v News Group Newspapers, then you must without question comply with it to the letter and on time. Failure to do so will prejudice you and leave you with a big problem, just like Mitchell who thanks to the failure of his lawyers now cant recover his £500k costs from the opponents.

[zhanzhibar]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

Hi,

Nothing happen so far. I submitted a supplementary defense as per #7 above as ordered by the judge. So currently waiting. In the meantime currently have an even bigger problem with Britannica-shoesmith re egg loan that has got PPI. Have until 20th to withdraw defense and accept all debt.Any help on that thread is so much welcome now

http://www.legalbeagles.info/forums/...-How-to-defend

[zhanzhibar]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

Oh dear.. I have this niggly feeling that something is suppose to happen tomorrow and then realised that I am supposed to be in court tomorrow. :doh: I called to court to confirm and yes its at 11 am tomorrow.

The thing is I forgot to do a witness statement and when I ask the court, they told me that the Claimant has not submitted anything.

What does one do when one forgot to comply to court order such as the witness statement? Can I take it with me tomorrow. there is nothing much to say because the Claimant did not comply to any ofthe court order...Can they drop me a bombshell by turning up tomorrow and shred my defence?... :eek2anic mode!


The other thing is that a few days ago I received a letter from the court together with a form .. can't remember what it is as I am at work at the mo but I remember the judge told me to submit the application form but I have to pay £80 to apply for this. I will let you know which form that was sent to me when I am back home. £80 is a lot of money but should I fill in this application form and submit to court tomorrow?

[mystery1]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

Without sight of the order it is hard to tell who stuffed up and who is stuffed by their failures.

http://www.bailii.org/ew/cases/EWHC/QB/2014/41.html

M1

[Amethyst]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

By 4 pm on 2nd January 2014 the defendant shall file and serve a supplement to her defence which indicates whether she then admits this claim or disputes it with summary of her reasons and copies of the documents she relies on at trial. "


So long as you have complied with that you should be okay.

Is the application you want to make for a strike out? Was there any consequences on the order you had?