Defending a Claim with Vague and Incoherent Reasons

[BigJ]

So to complete N260 as a litigant in person, is it as simple as:

1. Add myself under category (d) of the fee earners @ £19/hr.
2. In the Schedule of work done on documents add three entries:
   1. Acknowledging Claim: 1.5 hrs
   2. Filing Defence: 0.25 hrs
   3. Witness Statement and Evidence Bundle 18 hrs

Then do I submit this along with a covering email highlighting the my offer of ADR, the failure of the claimant to follow Pre-Action Protocol as well as his failure to submit evidence as ordered by the court or to pay the trial fee?

Thanks, John

[efpom]

On 1 correct
On 2 You may wish to add some time spent drafting your defence

On Cover letter - mention trial fee not paid & CPR I referenced earlier.
Claimant's conduct of his claim
List out all except ADR and draw attention to CPR 27.14 (2)(g) Claimant has behaved unreasonably.
https://www.justice.gov.uk/courts/pr...l/rules/part27

[BigJ]

Thanks EFPOM

On 1 correct
On 2 You may wish to add some time spent drafting your defence

On Cover letter - mention trial fee not paid & CPR I referenced earlier.
Claimant's conduct of his claim
List out all except ADR and draw attention to CPR 27.14 (2)(g) Claimant has behaved unreasonably.
https://www.justice.gov.uk/courts/pr...l/rules/part27

My time drafting my defence I've included in drafting the witness statement as my drafted defence was closer to my final witness statement and I submitted barebones defence you gave me instead of my rambling. Does that make sense to do?

In post 45 Echat11 suggested I mention my offer to use ADR (which I made pre court action) in relation to any costs - does that not stand now in light of the failure to pay the fee?

Many thanks once again.

John

[BigJ]

I would appreciate any feedback on the draft letter I have prepared for the court (below). I'm still not clear on whether ADR is relevant so I've left it in for now pending further comment.

---

Dear XXX?

I am the defendant in the claim number XXXXX.

As the claim has been struck out due to the claimant failing to pay the hearing fee as ordered; I am writing to request that the claimant be ordered to pay the defendant’s costs as per CPR 3.7A1 (7) (c).

I would also like to draw your attention to the fact that the claimant has behaved unreasonably throughout the course of the claim:

1. Despite allegedly being a member of an industry body that offers free ADR, ignoring my offer to use an ADR service before turning to the courts.
2. Failing to comply with the CPR - Pre-Action Protocol for Debt Claims.
3. Bring an incoherent claim with no valid legal basis.
4. Declining to use the Court’s Mediation service.
5. Failing to file a witness statement as ordered.

I believe this behaviour may also justify a costs order against the claimant based on CPR 24.14 (2) (g).

I attach a completed N260 detailing my costs. This consists of the time that I have spent dealing with the claim as a litigant in person. I am claiming for my time at the litigant in person rate of £19/hour as per PD 46.5 paragraph 3.4.

Yours sincerely


Name

---

Is there anything else I should include / omit?

I'm planning to wait for formal confirmation that the claim has been struck out before sending it.

Many thanks, John

[BigJ]

I've now sent my detail to the court for the telephone hearing as I've not received formal notification that the claim has been struck out and it's just over a week until the hearing date.

Assuming I do get formal notification shortly, is the draft above ok? And who should I address it to, the court in general or the Judge who strikes it out?

Many thanks, John

[MIKE770]

Ring the court tomorrow ask

[BigJ]

Ring the court tomorrow ask

Sorry, which bit are you replying to?

[BigJ]

efpom any feedback on my draft and questions in post #64 would be greatly appreciated.

Thanks, John

[efpom]

Your draft #64 is fine.

[BigJ]

Thanks efpom really appreciate the help.

Regards, John

[BigJ]

I now have written confirmation from the court that the hearing has been vacated as the claimant failed to pay the hearing fee.

It does not state that the claim has been struck out, should I read anything into that omission?

Thanks, John

[BigJ]

I've now heard back from the court saying I'd have to make an application for costs using form N244 and paying £275.

So it seems the judge is ignoring CPR 3.7A1 (7) (c).