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

[mysticphoenix666]

Re: Need help with a court claim please

Sorry Gorang think you misunderstood my post, no one told me not to sign court docs. I was just checking as the CPR and CCA were not signed.

On another note I received an email around an hour ago with two docs attached, apparently one is the credit agreement although there is only one page with my signature on and a copy of page with a few bank transactions.

I will post these up when I get home as I am not at my computer.

Was interesting to receive this when I was told yesterday they did not have the docs, I will also post up the email.

[Gorang]

Re: Need help with a court claim please

i was told not to sign incase they lifted it to put on doc's they made up.

SAR's yes sign them with computer font but NOT court documents

Can I ask who told you not to sign a court doc with your normal sig???

[mysticphoenix666]

Re: Need help with a court claim please

okay thanks, i thought as much but just wanted to check as everything that i sent to MKDP i was told not to sign incase they lifted it to put on doc's they made up.

do i need to sign the draft order for directions too?

[mystery1]

Re: Need help with a court claim please

It's a court document. Sign it properly.

Yes.

[MIKE770]

Re: Need help with a court claim please

Okay thanks for all your help i just have two more questions before i print these out and send them.

firstly do i sign these with a digital signature as they are going to Claimant as well as the court and i wouldn't want them lifting my real signature?

and can i send the request for remittance from fees with the n244 in the same envelope?

If you stated lifting signatures in court you will be shot down by the judge, unless of course you had real evidence! the courts will insist on real signature to court papers, so you have got to be careful not to put the back up of the judge etc.

[mysticphoenix666]

Re: Need help with a court claim please

Okay thanks for all your help i just have two more questions before i print these out and send them.

firstly do i sign these with a digital signature as they are going to Claimant as well as the court and i wouldn't want them lifting my real signature?

and can i send the request for remittance from fees with the n244 in the same envelope?

[mystery1]

Re: Need help with a court claim please

Looks good to me.

M1

[mysticphoenix666]

Re: Need help with a court claim please

okay here are the bits with the names will it do?

4. I contacted the Claimant by telephone on 21^st November (I spoke to a representative named Monica who is apparently my claims handler) to enquire why they had not complied with my requests under CPR 31.14 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 2).


5. I contacted the Claimant again by telephone on the 22^nd November (Again speaking to Monica) 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 which confirms they do not have the documents (Exhibit 3). I then wondered how Sarah Lambert could sign a statement of truth on the particulars of claim, clearly without sight of the documents including the agreement, with an honest belief in their truth.


6. I contacted the Claimant again by telephone on the 25^th November (This time I spoke to the Legal Department Team Leader Micheal) I have attached their email confirmation of the contents of this telephone call now agreeing to a specific extension date (Exhibit 4).

[Gorang]

Re: Need help with a court claim please

IMHO
they only withhold their last name as they know they are telling some porkies and think that they can't be identified

BUT that is only MY thoughts so I could be wrong

[mystery1]

Re: Need help with a court claim please

yep i have names but unfortunately only first names as they would not give their surnames apparently due to data protection and confidentiality.

Put them in.

As for the excuses :loco::nono:

[mysticphoenix666]

Re: Need help with a court claim please

yep i have names but unfortunately only first names as they would not give their surnames apparently due to data protection and confidentiality.

[mystery1]

Re: Need help with a court claim please

order of directions:
okay thanks, wasn't sure which bits to take off as i had borrowed it.

the last bullet point i think should actually be two so should i get rid of the first part prior to Notice of assignment.

I would.

M1

[mystery1]

Re: Need help with a court claim please

Seems much better to me.

Could do with names if you have them, who you spoke to for the claimant.

M1

[mysticphoenix666]

Re: Need help with a court claim please

order of directions:
okay thanks, wasn't sure which bits to take off as i had borrowed it.

the last bullet point i think should actually be two so should i get rid of the first part prior to Notice of assignment.

[mysticphoenix666]

Re: Need help with a court claim please

here is my amended witness statement, hope its okay.

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 that the Claimant do provide me with documents mentioned within the statement of case pursuant to CPR 31.14.

3. On the 4^th November 2013 I sent a request under CPR 31.14 (Exhibit 1), via Royal Mail Recorded Delivery. The letter was recorded as signed for on the 5^th November 2013.

4. I contacted the Claimant by telephone on 21^st November to enquire why they had not complied with my requests under CPR 31.14 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 2).

5. I contacted the Claimant again by telephone 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 which confirms they do not have the documents (Exhibit 3). I then wondered how Sarah Lambert could sign a statement of truth on the particulars of claim, clearly without sight of the documents including the agreement, with an honest belief in their truth.

6. I contacted the Claimant again by telephone on the 25^th November 2013; I have attached their email confirmation of the contents of this telephone call now agreeing to a specific extension date (Exhibit 4).

7. The Claimant has shown clear disregard of CPR 31.14 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.

8. 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.”

9. 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 am 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.