MKDP(Claimant)didn't comply to court order - CASE STUCK OUT :) !

[mystery1]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

Is that in response to the claimant though ?

M1

[zhanzhibar]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

Is the application you want to make for a strike out?

I think because I said in my supplementary defence that the court should strike out thecase due totheir non-compliance hence why I was sent this form.

Was there any consequences on the order you had?

Sorry Amethyst but which order are we talking about? I think there is only 1 which is the one where they need to give me all documents. I don't think there is any consequence for non-compliance on that one but need to check.

Is that in response to the claimant though ?

The claimant has not submitted anything.

[Amethyst]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

Okay, need to see the letter you had from the Judge but sounds like the claimants didn't comply with the order, you did, and mentioned striking them out, so he's sent you form to apply for strike out.

[zhanzhibar]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

Thanks Amethyst. Will scan that letter from judge and the form & put it up here as soon as I got home.

[zhanzhibar]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

This is the supplementary defense I submitted to court on 2nd january 2014



Letter from court dated 20th January:




And its a N244 form they sent me



so am wondering whether tonight I should :

1) prepare a witness statement OR
2) Fill in N244

to be given at the trial at 11 tomorrow

Anything else I need to prepare in case I got ambush (if that is the appropriate word to use!)

Thanks
Zhan

[mystery1]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

Nothing much of relevance there.

It's the order you refer to in post 4 which we need to see. I.E> the one that directs you to attend tomorrow.

M1

[zhanzhibar]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

Hi
manage to scan this.

[mystery1]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

Do you know if the hearing fee has been paid ?

M1

[zhanzhibar]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

As i was at work today and don't have this notice with me I didn't ask about the fee. I only asked if the claimant has submitted anything and they said no. I should have asked really otherwise might not have to take emergency leave for tomorrow.

[mystery1]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

Who signed the pocs ?

M1

[zhanzhibar]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

[mystery1]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

That's a pity.

Back later.

M1

[zhanzhibar]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

That's a pity.

Ohh..no... That does not sound goodray:

[Amethyst]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

lol, bit mean to leave you hanging like that


Did you ask them if the hearing was going ahead tomorrow ? (otherwise give them a call in the morning and check before taking a day of leave)

From the order it does sound like the witness statements are only necessary if the first bit of the order was complied with, It does seem a bit mean of the court to make you pay for an application to strike out the claim, I guess if they did it of their own volition it would just be stayed.

[zhanzhibar]

Re: MKDP(Claimant)didn't comply to court order but I got to do supp defense. How?

Did you ask them if the hearing was going ahead tomorrow ?

Yes I did when I rang them whilst at work to confirm that it is tomorrow and the guy on the phone said yes its tomorrow at 11 am and that I should be there.

What do you think? What shall I do now? Should I do a witness statement now or should I fill in this N244 and pay £80 tomorrow? Will I get this £80 back?