Claimant threatening summary judgement on stayed ccj claim. Should I reply?

[jaguarsuk]

Copied the below from a PM to be able to respond.

The claimant lied about not having received my witness statement....the judge asked me for proof of postage which I have but stupidly did not think to bring today. On hearing my confidence in being able to provide proof at a later date the rep suddenly said that the claimant had received my statement...but only this morning. Judge halted proceedings to allow rep to read a copy of my witness statement (provided by myself) and consult claimant.

He mentioned not having seen my original CCA defence and lack of proof of posting witness statement, but I said I could provide both of these at future hearing/defence.

SIGH.......
Still I didn't loose and hopefully my defence will hold water for future case.

Okay, sounds as though she was trying it on to try and get the result they want, a summary judgement. Funny how she suddenly found that they had received it when challenged and then the second excuse of this morning... my post doesn't come before I have to travel to work, wonder how she was able to get in the office to get hers and then bring it with her. The judge believed you and that's a good thing from a credibility point of view.

You sent the WS by 1st class post?

Assuming you did lets back up your credibility by taking a pic of or scan the receipt from the post office and write the letter below to go with it, email it to the court (with claim number stated in the subject field) and send a hard copy to the court.

Dear Sirs

RE: Them -v- You Claim No: XXXXXXXX

Further to the hearing today in <<NAME>> County Court and the question raised around service of my Witness Statement in compliance with CPR.

Please find enclosed confirmation of postage pursuant to CPR 6.20 date XX/XX/2019 and deemed served pursuant to CPR 6.26 on <<TWO DAYS AFTER>>/XX/2019.

Should you require any further information please do not hesitate to contact me.

Yours sincerely

Send the letter below to the claimants solicitor by first class post tomorrow or Friday with a copy of the letter above and pic/scan.

Dear Sirs

RE: Them -v- You Claim No: XXXXXXXX

WITHOUT PREJUDICE SAVE AS TO COSTS

Please find enclosed by way of service upon you a letter to the court and confirmation of postage pursuant to CPR 6.20 and 6.26, I acknowledge the same has been filed with the court.

Should this matter proceed to a hearing it is my intention to ask the court to consider the unreasonable conduct of your client in the claim pursuant to CPR 27.14 and ask that costs of and occasioned in dealing with the claim are paid by them to me. If your client wishes to withdraw from the claim at this stage I confirm that on filing of a Notice of discontinuance in this matter it would not be my intention to pursue them for such costs.

Now you don't have to offer not to pursue them for costs, but essentially the aim of this last paragraph is to give them a way out and a threat that if they don't get out now it could be worse for them.

Given they have spent £255 today, plus the cost of her attendance and in light of your witness statement they might be inclined to do so, but it's nowhere near a guarantee.

[peterfranks]

Thanks again.

You see, this is why this forum is so important. This type of legal maneuvers just would not occur to an average joe like myself, no matter how smart I may think i am.

Will get on it straight away.

[peterfranks]

OK ..email with scan of receipts sent to court with a note saying I will also post a hard copy tomorrow...along with the letter and copy of letter sent to court to the claimant

[peterfranks]

assuming they don't discontinue...what is the procedure now? What should I be preparing for exactly? Should I begin to modify my defence or do I just need to wait?

[jaguarsuk]

assuming they don't discontinue...what is the procedure now? What should I be preparing for exactly? Should I begin to modify my defence or do I just need to wait?

You need to wait fir the order from the court, it will give directions and then you'll know what you need to do from there.

[peterfranks]

Ok, Thanks

[peterfranks]

received today the general form of judgement and questionnaire

"it is ordered that

1.stay be lifted
2 save aforesaid application by notice dated xxxh be dismissed
3. claimant do file and serve on defendant fully particulars of claim by xx june
4 the defendant has permission ti file amended defence if so advised by xx june
5 directions questionnaire to be filed by xx june
6 costs of claimants application by notice dated xxx to be reserved for final hearing

I notice my potential amended defence can be submitted two weeks after the claimant has served me particulars of claim

[Amethyst]

Great, just a case of waiting for the full particulars then so you can file your defence and the case will carry on as if nothing happened.

See if their particulars contain a little more detail than originally...
2019-05-30 14_41_11-Start.png

and also they are still to comply with your CCA request I believe?

[jaguarsuk]

received today the general form of judgement and questionnaire

"it is ordered that

1.stay be lifted
2 save aforesaid application by notice dated xxxh be dismissed
3. claimant do file and serve on defendant fully particulars of claim by xx june
4 the defendant has permission ti file amended defence if so advised by xx june
5 directions questionnaire to be filed by xx june
6 costs of claimants application by notice dated xxx to be reserved for final hearing

I notice my potential amended defence can be submitted two weeks after the claimant has served me particulars of claim

I assume the claimant is to file 14 days from the date of the order?

The next thing is to see if they come up with full particulars of claim, by virtue of your witness statement to oppose the application for summary judgement they know what your amended defence is going to be, so they have until their deadline to try to dig up further documents to try to counter it.

Send an Subject Access Request Letter by email if possible to New Day and Idem, hopefully they'll come back to you before your defence deadline and we can see if there's anything different in documents that the claimant produces to ones from them.

Finally you're going to need to post a copy of your original defence here to be able to amend it.

[jaguarsuk]

Great, just a case of waiting for the full particulars then so you can file your defence and the case will carry on as if nothing happened.

See if their particulars contain a little more detail than originally...
2019-05-30 14_41_11-Start.png

and also they are still to comply with your CCA request I believe?

No, they have provided one hence not pleading it during the application to oppose the summary judgement.

Now 18 months later I have got a letter from claimant (no longer using restons) with some (not all of the documents i asked for. just agreement, statements but..no assignment and a screenshot form cc records apparently showing issuance of default notice)

It'll be worth having a look at before amending the defence though.

[Amethyst]

Def.

[peterfranks]

Phoned up the court today since on part three of the general form of judgement or order it stated

"The claimant do file at court and serve on the defendant a fully particularised particulars of claim by 4pm on 5th june"

I got nothing, so phone the court and they said they had received nada. I asked what should I do and they said I should write into the court, but she was unclear and to what i should say.

They missed the court ordered deadline. What can I do to shut this down once and for all legal beagles??

[peterfranks]

Do I still file an amended defence ( i have two weeks left to do so) and the questionnaire?
Do i write to the court and demand discontinuance and costs?
Do I just sit back and wait for the court to reply?

thanks

[peterfranks]

anyone?

[Amethyst]

Write to the court for attention of the judge who made the order stating that the claimant has failed to comply with para 3 of his/her order and invite further directions or strike out of the claimants case. Enclose a copy of the order with your letter.