** won ** Moriarty Law v MasterCoder (QuickQuid)

[Amethyst]

Don't forget to send a copy over to the Claimant as well as filing with the court xx

[MasterCoder]

Happy New Year!!

So my directions questionnaire was sent to the court in time, but I've not received anything from Moriarty Law; I was under the impression that they were obliged to send me a copy of theirs? Is that not the case?

I've asked the court before Christmas if they had received it from ML but they were still processing paperwork from the end of December ....

I'm not missing something here am I? They are meant to send me this paperwork aren't they?

[Amethyst]

Yes they are.

Directions questionnaire

26.3

(1) If a defendant files a defence –

................

(b) the notice of proposed allocation will –

.............

(ii) require the parties to file a completed directions questionnaire and serve copies on all other parties;

However in the accompanying practice direction there's no specific consequence on them failing to serve the allocation notice, only on failing to file it with the court.

If they miss the deadlineto file it then the court will give them additional time to file with the consequence the claim may be struck out.

(8) If a claim is a claim to which rule 26.2 applies and a party does not comply with the notice served under rule 26.3(1) by the date specified, the court will make such order as it considers appropriate, including –

(a) an order for directions;

(b) an order striking out the claim;

(c) an order striking out the defence and entering judgment; or

(d) listing the case for a case management conference.

(3) Under rule 26.3(8) the court may give directions of its own initiative or list the case for a case management conference. Alternatively, if it appears appropriate to do so, the claim may be struck out or, where a defendant is in default, judgment may be entered against that defendant.

[MasterCoder]

Hi

Just wanted to update, I received a letter from the court stating that proceedings had been transferred to my local court at the end of January. Was a little surprised I'd heard nothing since so I've phoned the court today and it's got to go in front of a district judge to decide what kind of hearing this would need. I didn't realise there were multiple types of hearings...

Still unsure how this will go but assume that it will follow the usual Moriarty Law pattern of failing to pay the court fee. Here's hoping.

[GBExile]

Hi

Just wanted to update, I received a letter from the court stating that proceedings had been transferred to my local court at the end of January. Was a little surprised I'd heard nothing since so I've phoned the court today and it's got to go in front of a district judge to decide what kind of hearing this would need. I didn't realise there were multiple types of hearings...

Still unsure how this will go but assume that it will follow the usual Moriarty Law pattern of failing to pay the court fee. Here's hoping.

So hows the affordability complaint going?

[MasterCoder]

Hi.

I've been away working and when I came back I found a letter to say that my witness statement needs to be filed by next week. I have drafted a witness statement but I'm a little reluctant to post it on here, (you never know who is looking). Amethyst would you be able to run over it if I email you a copy and provide me feedback/pointers?

Want to get this put to bed ASAP.

TIA

[Amethyst]

Go for it xxx PM or email is fine xx

check when the hearing fee wanted paying by ( normally it is before Witness statements ) and if it's been paid ...

[MasterCoder]

Hi Amethyst, I've messaged you my witnes statement.

With regards to the hearing fee, I don't have a date for a hearing. The court letter states that 'the hearing of the claim will take place on a date to be fixed by the court'

The back page of the doc says that the hearing fee should be no later than 7 days before the hearing date but then says that notice is given that if payment is not made at least 28 days before the hearing date the hearing will be removed from the list and the claim struck out. It's very confusing this...

[MasterCoder]

So another update, the Witness Statement has arrived from the other party and you have to laugh. It looks like it's been made by a 3 year old for starters but is so full of twaddle that they're either knowingly making a false statement or they have never bothered to read the agreement.

They state that I entered into an 'online running credit agreement' that had no fixed or minimum duration. Despite the fact that the agreement clearly states that it's a fixed sum agreement with a fixed term of three months.

They've also stated they won't be attending the hearing when the date is fixed.

[GBExile]

Nothing to worry about until they pay the hearing fee (which I doubt they will)

[MasterCoder]

Seems par for the course with these cowboys. Personally, I don't understand why there is no punitive action towards these crooks when they're making patently false claims in their witness statements. Abuse of the court system to try and get people to cough up.

[MasterCoder]

So, was thinking it was strange that I'd not heard anything on this one so I called the local county court to get an update if they had one.

They received my witness statement on the 16th April, (day after posting), but haven't received anything from Moriarty Law. I received a witness statement on the 13th April from ML so would have assumed one had gone to court at the same time and should have been lodged before mine.

Got to give it a couple of more days, (they're only processing documents received on the 17th April today), but it sounds like they've not sent the Fisher Price witness statement they sent me to the court

[MasterCoder]

Another update. I phoned the court again today to see if the WS from Moriarty Law had came in. Clerk confirmed they were processing documents that arrived on the 23rd April today and that the claimant hasn't sent a witness statement; they should have filed it by 17th April.

She asked me to email the court a simple letter stating I'd heard nothing from the other party since their WS and they've made no attempts to mediate and that would go before the DJ. Am expecting the claim to be struck out.

Don't want to celebrate prematurely, (not at least until I get written confirmation), but looks like this one will be over soon.

Thanks all who helped.

[GBExile]

lol

Just wait for the docs and make sure you do everything you should.

They might not strike a claim due to a witness statement not being received but they will if Moriarty dont pay the hearing fee

[MasterCoder]

Maybe not but the courts instructions were clear. Says that failure to provide witness statements as instructed 'the court will strike out your statement of case and you will not be permitted to continue with your claim or defence of the claim'.

Whatsmore, a judgement was given against me in 2015 for the same thing, supposedly filed the WS late. My local court don't seem to mess around on these things