CLAIM STRUCK OUT !!!! Need help with a court claim please

[FlamingParrot]

Re: Need help with a court claim please

Why do i take out ref's to CCA as they have not complied with that either?

Because non-compliance with a s.77/78 request can be used at a later stage, as part of your defence, as per this other thread: http://www.legalbeagles.info/forums/...209#post393209

[mystery1]

Re: Need help with a court claim please

Maybe something like....

although sounds a bit odd that they already said it would be between 6-8 weeks and you have only asked for 28 days extention (I know thats max under CPR) and not requested extension to extension ??? or a stay until they produce ?? It also doesn't help them that they said 6-8 weeks and only agreed to a 28 extension............ makes a bit of a nonsense of the draft order for disclosure .... I'mnot sure to be honest, I think I'd leave it off.

I wouldn't. The rules do not provide an opportunity to extend an extension nor to stay the claim intentionally. It highlights the fact they had no intention of following the pre action protocols, had no intent to comply with any possible cpr 31.14 request and thus had utter contempt for the court system.

M1

[Amethyst]

Re: Need help with a court claim please

Maybe something like....

5. I contacted the Claimant by telephone on 21st November to enquire why they had not complied with my requests under CPR 31.14

6. The Claimants informed me that they do not have the documents and they would request them from XXXXXXXXXXXXXXX which may take between 6 to 8 weeks.

7. I therefore requested their agreement to a time extension for submitting my response to the claim under CPR 15.5.

8. I have attached their email confirmation of the contents of this telephone call (Exhibit 3).

although sounds a bit odd that they already said it would be between 6-8 weeks and you have only asked for 28 days extention (I know thats max under CPR) and not requested extension to extension ??? or a stay until they produce ?? It also doesn't help them that they said 6-8 weeks and only agreed to a 28 extension............ makes a bit of a nonsense of the draft order for disclosure .... I'mnot sure to be honest, I think I'd leave it off.

[mysticphoenix666]

Re: Need help with a court claim please

Thanks Amethyst i get it now.

I have made all the changes suggested except the bit about when i would receive compliance. is my wording on above post ok to add the end of the telephone points?

[Amethyst]

Re: Need help with a court claim please

Your application is for disclosure under 31.14

the CCA request isn't a CPR request it is a well, CCA request.

That they haven't complied with that comes later when you defend the case after receiving the documents mentioned in their statement of case.

[mysticphoenix666]

Re: Need help with a court claim please

Thanks M1

Why do i take out ref's to CCA as they have not complied with that either?

So on the points regarding calls if i say something like, "when asked when the doc's would be made available to me i was simply told it could take 6-8 weeks to get these doc's from the original creditor as they don't have them".

[Amethyst]

Re: Need help with a court claim please

Soz M1 xx

[Amethyst]

Re: Need help with a court claim please

Red = OUT
GREEN - IN

1. I ME of xxxxx being the Defendant, am a litigant in person in this case.

2. I make this Witness Statement in support of my application for an n244 order (draft of which attached) that the Claimant do provide me with documents mentioned within the statement of case pursuant to CPR 31.14 and CCA s78.

3. After seeking some independent advice due to receipt of a claim from the above Claimant On XXX DATE XXXX I sent a request under CPR 31.14(Exhibit 1) and CCA s78 (Exhibit 2). by Royal Mail Recorded Delivery. The letter was recorded as signed for on November XX

4. The Claimant did not respond to either of the above requests in writing or by telephone.

5. I contacted the Claimant by telephone on 21st November to enquire why they had not complied with my requests under CPR 31.14and CCA s78 and that I now required and request their agreement to a time extension under CPR 15.5. I have attached their email confirmation of the contents of this telephone call (Exhibit 3).

6. I contacted the Claimant again by telephone on the 22nd November requesting a specific date for my extension under CPR 15.5 as their previous email was not sufficient, I have attached their email confirmation of the contents of this telephone call (Exhibit 4).

7. I contacted the Claimant again by telephone on the 25th November requesting that they comply with my CPR 15.5 request in a proper manner as previous emails did not have full compliance, I have attached their email confirmation of the contents of this telephone call now granting me agreeing to a specific extension date (Exhibit 5).

8.The Claimant has shown clear disregard of CPR 31.14 CPR31.15 which clearly states that;
Where a party has a right to inspect a document –
(a) that party must give the party who disclosed the document written notice of his wish to inspect it;
(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and
(c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.

9. I also refer to the ruling of Rix LJ in Expandable v Rubin [2008] EWCA Civ 59 (at paragraph 24) “The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection.”

10. The Claimant has also shown a complete disregard of CCA s.78 which clearly states: (not sure what to write here)

11. Suffice to say that without the availability of relevant documents as stated in the particulars of claim for my inspection within the timescales set out in the aforementioned requests, I would be am unable to defend or admit the claim brought against me by the Claimant in an honest an accurate way.

[mystery1]

Re: Need help with a court claim please

1. I ME of xxxxx being the Defendant, am a litigant in person in this case.


2. I make this Witness Statement in support of my application for an n244 order (draft of which attached) that the Claimant do provide me with documents mentioned within the statement of case pursuant to CPR 31.14 and CCA s78.


3. After seeking some independent advice due to receipt of a claim from the above Claimant I sent a request under CPR 31.14 (Exhibit 1) and CCA s78 (Exhibit 2). These were sent via Royal Mail Recorded Delivery on 4th November 2013 and received signed for the following day.


4. The Claimant did not respond to either of the above requests in writing or by telephone.


5. I contacted the Claimant on 21st November to enquire why they had not complied with my requests under CPR 31.14 and CCA s78 and that I now required an extension under CPR 15.5, I have attached their email confirmation of the contents of this telephone call (Exhibit 3).


6. I contacted the Claimant again on the 22nd November requesting a specific date for my extension under CPR 15.5 as their previous email was not sufficient, I have attached their email confirmation of the contents of this telephone call (Exhibit 4).


7. I contacted the Claimant again on the 25th November requesting that they comply with my CPR 15.5 request in a proper manner as previous emails did not have full compliance, I have attached their email confirmation of the contents of this telephone call now granting me a specific extension date (Exhibit 5).


8.The Claimant has shown clear disregard of CPR31.15 which clearly states that;
Where a party has a right to inspect a document –
(a) that party must give the party who disclosed the document written notice of his wish to inspect it;
(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and
(c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.


9. I also refer to the ruling of Rix LJ in Expandable v Rubin [2008] EWCA Civ 59 (at paragraph 24) “The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection.”


10. The Claimant has also shown a complete disregard of CCA s.78 which clearly states: (not sure what to write here)


11. Suffice to say that without the availability of relevant documents as stated in the particulars of claim for my inspection within the timescales set out in the aforementioned requests, I would be unable to defend the claim brought against me by the Claimant in an honest an accurate way.


Remove all references to s78 and change plurals to singular etc. According to your witness statement you never asked when you would get compliance, you need to emphasise this and their attempts to fob you off.

M1

[mysticphoenix666]

Re: Need help with a court claim please

Thanks M1, can i send the remission fee request with the n244?

also here is a copy of my witness statement is it okay or do i need to edit anything?

6^th December 2013

In the Northampton (CCBC) County Court
Claim Number: XXX

MKDP LLP (Claimant) V’s ME (Defendant)


WITNESS STATEMENT OF

ME



1. I ME of xxxxx being the Defendant, am a litigant in person in this case.

2. I make this Witness Statement in support of my application for an n244 order (draft of which attached) that the Claimant do provide me with documents mentioned within the statement of case pursuant to CPR 31.14 and CCA s78.

3. After seeking some independent advice due to receipt of a claim from the above Claimant I sent a request under CPR 31.14 (Exhibit 1) and CCA s78 (Exhibit 2). These were sent via Royal Mail Recorded Delivery on 4^th November 2013 and received signed for the following day.

4. The Claimant did not respond to either of the above requests in writing or by telephone.

5. I contacted the Claimant on 21^st November to enquire why they had not complied with my requests under CPR 31.14 and CCA s78 and that I now required an extension under CPR 15.5, I have attached their email confirmation of the contents of this telephone call (Exhibit 3).

6. I contacted the Claimant again on the 22^nd November requesting a specific date for my extension under CPR 15.5 as their previous email was not sufficient, I have attached their email confirmation of the contents of this telephone call (Exhibit 4).

7. I contacted the Claimant again on the 25^th November requesting that they comply with my CPR 15.5 request in a proper manner as previous emails did not have full compliance, I have attached their email confirmation of the contents of this telephone call now granting me a specific extension date (Exhibit 5).

8.The Claimant has shown clear disregard of CPR31.15 which clearly states that;
Where a party has a right to inspect a document –
(a) that party must give the party who disclosed the document written notice of his wish to inspect it;
(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and
(c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.

9. I also refer to the ruling of Rix LJ in Expandable v Rubin [2008] EWCA Civ 59 (at paragraph 24) “The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection.”

10. The Claimant has also shown a complete disregard of CCA s.78 which clearly states: (not sure what to write here)

11. Suffice to say that without the availability of relevant documents as stated in the particulars of claim for my inspection within the timescales set out in the aforementioned requests, I would be unable to defend the claim brought against me by the Claimant in an honest an accurate way.


12. Statement of Truth:

I, ME, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ME

Dated: 6^TH December 2013

[mystery1]

Re: Need help with a court claim please

okay so i am working on my draft of directions and my witness statement.

Is my previous post info okay or do i need to edit anything (no email confirmation received on the last exhibit so won't be including that one).

Also does the n244 have to be posted to the court as the form states you can't save it with info in it you have to print it out.

And if i am asking for remission of fees do i still have to send payment with the form or do i send the request for remission?

Sorry if these seem daft questions but want to get things right first time and want to get things in motion as quickly as possible.

Thanks

Point 3 is fine and you do have costs for time paper stamps etc etc

If that's what the form says then do it that way.

No payment if you know you don't need to.

Exhibit 2 is pointless. The cca s78 request has nothing to do with your 31.14 request. If you include stuff like this a judge might think you are fishing. Remove all references to anything except your 31.14 request and their non compliance.

M1

[mysticphoenix666]

Re: Need help with a court claim please

okay so i am working on my draft of directions and my witness statement.

Is my previous post info okay or do i need to edit anything (no email confirmation received on the last exhibit so won't be including that one).

Also does the n244 have to be posted to the court as the form states you can't save it with info in it you have to print it out.

And if i am asking for remission of fees do i still have to send payment with the form or do i send the request for remission?

Sorry if these seem daft questions but want to get things right first time and want to get things in motion as quickly as possible.

Thanks

[mysticphoenix666]

Re: Need help with a court claim please

Point 3 on n244, would this be ok?

An order (a draft of which is attached) that the Claimant provides the defendant with documents mentioned within the Particulars of Claim pursuant to CPR Rule 31.14 and CCA s78 and that the Defendant thereafter do have leave to file a Defence.

The Defendant also seeks the costs of the application. (not sure if this applies if i send the claim for remission of fees)

Point 10: attached witness statement (not written yet)

evidence set out in box below:

Exhibit 1: My CPR 31.14 request dated 04/11/2013, received by the Claimant on 05/11/2013
Exhibit 2: My CCA request dated 04/11/2013, received by the Claimant on 05/11/2013
Exhibit 3: Email confirmation of 1st Telephone call made by myself to the Claimant regarding my aforementioned requests, sent by the Claimant on 21/11/2013.
Exhibit 4: Email confirmation of 2nd telephone call made by myself to the Claimant again in reference to my previous CPR and CCA requests, and also request for an extension to file my defence, sent by the Claimant on 22/11/2013.
Exhibit 5: still waiting on email confirmation regarding todays telephone call.

[mystery1]

Re: Need help with a court claim please

http://www.justice.gov.uk/downloads/...eng-upto-6.pdf

http://hmctsformfinder.justice.gov.u...s/n244-eng.pdf

M1

[mysticphoenix666]

Re: Need help with a court claim please

thanks for that M1 I am reading through those posts but still a little confused as to where i find an n244 form, and also what to put in it.

I have just noticed on one of the threads that it costs £80 (which i don't have) and then it refers to a remission of fees (what is this please)?