Help with drafting a POC

[Syed A Q]

Hi guys, I've been recommended by a friend about this forum and it's the first time I heard about it, I wish I knew about this forum beforehand when I had a lot more time in my hands.

I'm in a bit of a predicament here, I've been asked to make a POC for a claim I made against my then friend when i borrowed money to him to help setup his fastfood takeaway.

Now I have until this Wednesday to finish this off, I've put a summarised account of how our relationship ended and how i borrowed the money to him etc.

The difficulties I'm having is the final part of the POC.

Can someone actually help me in the 11th hour at all please.

Kind regards,

Syed

[R0b]

Hi Syed,

First of all, who asked you to make a POC? Was it the court via an order or something else?

You are going to have to share with us what you have drafted because POCs need to be formatted and set out in a particular way. A summarised account as you described it doesn't sound like you have a sufficient POC but that's why we need to see the current draft.

[Syed A Q]

Hi there much appreciated with the swift replies, please find the attached docs for your consideration, much appreciated, please note I'll be adding more to the letter I've just uploaded

[pt2537]

Hi there much appreciated with the swift replies, please find the attached docs for your consideration, much appreciated, please note I'll be adding more to the letter I've just uploaded

youre already out of time arent you?

The order was 21 days from 12th April?? Thats gone now.

[pt2537]

in fact revisiting the order it is clear that you are struck out. If you didnt file the amended pleading per the order then you are out of time.

[Syed A Q]

I've asked for an extention of 14 days, that runs out tomorrow

[atticus]

12 April + 35 days = 17 May.

You say you have asked for an extension. Did anyone agree to your request?

[pt2537]

I've asked for an extention of 14 days, that runs out tomorrow

Did they agree the extension? did you notify the Court, in writing that there was an extension?

[pt2537]

12 April + 35 days = 17 May.

You say you have asked for an extension. Did anyone agree to your request?

indeed, seems to be out of time whichever way you look at it.

[Syed A Q]

I was away from the country when this letter came

[pt2537]

I was away from the country when this letter came

That may be but that doesnt change the time frames for compliance. The Court order is clear, breach it and you are automatically struck out without the need for a further order.

It seems your cliaim may already be dead in the water. You may need relief from sanctions, which will need an N244 application and witness statement ideally along with ensuring you comply with the test in Denton when seeking relief.

[atticus]

When did you see it? You may have to apply to vary the order: see paragraph 4 of the order.

[pt2537]

When did you see it? You may have to apply to vary the order: see paragraph 4 of the order.

I think you will find that he is long out of time for varying the order. If he has engaged the sanction he will need relief under CPR 3.9

[atticus]

Perhaps, but a lot will depend on when he saw the order and if he can give a really good explanation for not being able to apply sooner. And yes, it would need to be an application for relief from sanctions.

As a further point, it irritates me when courts make these peremptory orders and then do not get them typed or sent out promptly. Here an order made in 12 April was only typed 16 days later, and then I bet the post took at least 2 days. So even if the OP had seen it when it was delivered, he probably had at best 3 days.

[pt2537]

Perhaps, but a lot will depend on when he saw the order and if he can give a really good explanation for not being able to apply sooner. And yes, it would need to be an application for relief from sanctions.

As a further point, it irritates me when courts make these peremptory orders and then do not get them typed or sent out promptly. Here an order made in 12 April was only typed 16 days later, and then I bet the post took at least 2 days. So even if the OP had seen it when it was delivered, he probably had at best 3 days.

Id be concerned that he has had 14 days and hasnt applied. Second to vary the order you need to apply within 7 days, that has long gone. Third, relief from sanctions seems the way to go, but he needs to get his case in order asap and apply asap or the Claim is dead as a dodo.
I hear ya on the Courts orders, and the delays, but sadly its one of those cases where we have a lack of staff in the Courts and an ever increasing case load.