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

[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

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

[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.

[Amethyst]

Re: Need help with a court claim please

Soz M1 xx

[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

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 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

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.

[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

[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

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

Because that is a request under the consumer credit act s78. Also you really don't want them to comply with it as then they cannot enforce the agreement.

This application is under the Civil Procedure Rules as was your 31.14 request.

M1

[mysticphoenix666]

Re: Need help with a court claim please

Thank you for all the replies,

i am still not sure whether to include that part. as per the email from them pasted in post 54 they stated
"As this is likely to be beyond the 28 day extension referred to in CPR 15.5 we consent to you filing your defence 14 days after we have sent you the said documents pursuant to CPR 2.11."

what is CPR 2.11 that they are referring to?

and will the judge not see the fact that they are fobbing me off with no intention to supply in time from their reply?

sorry if i am being a nuisance

[Amethyst]

Re: Need help with a court claim please

'' "As this is likely to be beyond the 28 day extension referred to in CPR 15.5 we consent to you filing your defence 14 days after we have sent you the said documents pursuant to CPR 2.11."''

And you sent that to the court. Not entirely sure why you are applying for an order in that case as they have consented to not enter default judgment etc until 14 days after they have sent the documents. Or are you just trying to push them into supplying the documents. I think you would be wise waiting the 8 weeks from when they gave you that timescale before applying.

CPR 2.11

Time limits may be varied by parties
2.11

Unless these Rules or a practice direction provide otherwise or the court orders otherwise, the time specified by a rule or by the court for a person to do any act may be varied by the written agreement of the parties.

[mystery1]

Re: Need help with a court claim please

Thank you for all the replies,

i am still not sure whether to include that part. as per the email from them pasted in post 54 they stated
"As this is likely to be beyond the 28 day extension referred to in CPR 15.5 we consent to you filing your defence 14 days after we have sent you the said documents pursuant to CPR 2.11."

what is CPR 2.11 that they are referring to?

and will the judge not see the fact that they are fobbing me off with no intention to supply in time from their reply?

sorry if i am being a nuisance

http://www.justice.gov.uk/courts/pro...es/part02#2.11

Time limits may be varied by parties
2.11
Unless these Rules or a practice direction provide otherwise or the court orders otherwise, the time specified by a rule or by the court for a person to do any act may be varied by the written agreement of the parties.


(Rules 3.8 (sanctions have effect unless defaulting party obtains relief), 28.4 (variation of case management timetable – fast track) and 29.5 (variation of case management timetable – multi-track), provide for time limits that cannot be varied by agreement between the parties)



The email didn't state a date so is pretty irrelevant as far as that goes and you didn't consent so that screws them too.

M1

[mysticphoenix666]

Re: Need help with a court claim please

'' "As this is likely to be beyond the 28 day extension referred to in CPR 15.5 we consent to you filing your defence 14 days after we have sent you the said documents pursuant to CPR 2.11."''

And you sent that to the court. Not entirely sure why you are applying for an order in that case as they have consented to not enter default judgment etc until 14 days after they have sent the documents. Or are you just trying to push them into supplying the documents. I think you would be wise waiting the 8 weeks from when they gave you that timescale before applying.

CPR 2.11

Time limits may be varied by parties
2.11

Unless these Rules or a practice direction provide otherwise or the court orders otherwise, the time specified by a rule or by the court for a person to do any act may be varied by the written agreement of the parties.

i didn't send that email to the court i sent the one where they had specified a 28 day extension and a date, i didn't know what that meant i just spotted it when i was checking my emails in regards to the witness statement.