jaguarsuk MIKE770 warwick65 Amethyst i have drafted this letter i just wanted to get some advice that this is acceptable and also there are 2 address's on the letter sent do i send it to both or just the non po box address thanks .
Dear Lowell solicitors,
On the 13th of June 2018 I received a letter with the offer of a Tomlin order from yourselves on behalf of your client who the letter claims are keen to resolve this matter amicably.
I wish to draw your attention to the documents sent by me on the x/x/2018 to both yourselves and your client with a request for documents mentioned in a statement of case under CPR 31.14 . These documents are still outstanding which means I cannot at this stage consider your request for a Tomlin order.
I have filed my defence on the basis that your claim is unenforceable without the requested documents that your client has listed in there particulars of claim and as I have still not received these I cannot consider my legal position.
Had this claim been filed in a court building as apposed to online by your client it would have been incumbent upon them to provide these documents at the time of filing and as your client has filed this claim knowingly without the documents relating to there claim I consider this an abuse of process and should this matter proceed to court I will be minded to draw it to the attention of the sitting judge in relation to CPR 27.14 whether they now produce them or not.
I am aware that whilst your client reserves the right to lift the stay of the claim referenced above, I also reserve the right without further reference to them to file an application to have this claim dismissed pursuant to CPR 24.2(a)(i) as without these documents your client has no real prospect of success in the claim.
I invite your client to send the documents relied upon in this case within the next 7 days or file a notice of discontinuance with the court.
Dear Lowell solicitors,
On the 13th of June 2018 I received a letter with the offer of a Tomlin order from yourselves on behalf of your client who the letter claims are keen to resolve this matter amicably.
I wish to draw your attention to the documents sent by me on the x/x/2018 to both yourselves and your client with a request for documents mentioned in a statement of case under CPR 31.14 . These documents are still outstanding which means I cannot at this stage consider your request for a Tomlin order.
I have filed my defence on the basis that your claim is unenforceable without the requested documents that your client has listed in there particulars of claim and as I have still not received these I cannot consider my legal position.
Had this claim been filed in a court building as apposed to online by your client it would have been incumbent upon them to provide these documents at the time of filing and as your client has filed this claim knowingly without the documents relating to there claim I consider this an abuse of process and should this matter proceed to court I will be minded to draw it to the attention of the sitting judge in relation to CPR 27.14 whether they now produce them or not.
I am aware that whilst your client reserves the right to lift the stay of the claim referenced above, I also reserve the right without further reference to them to file an application to have this claim dismissed pursuant to CPR 24.2(a)(i) as without these documents your client has no real prospect of success in the claim.
I invite your client to send the documents relied upon in this case within the next 7 days or file a notice of discontinuance with the court.
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