Shimewaza Lowel Portfolio 1 Ltd court claim

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

CPR 15.5 allows the parties UPTO 28 days extension for you to file your defence. No reason is required. No further extension is allowed under this rule.

Should they get the documents to you how long will you have to prepare, file and serve your defence ? The 28 days would run out on a particular date whether you got the documents that morning or tomorrow. I would prepare an unless order asap and give them until last post Monday then 1 last call chasing up disclosure and then file the unless order. CPR 31.15 gives them "not more than 7 days" and they have already had substantially more than this. I would suggest this shows to the that you were reasonable and now have no choice but to make an application.

M1

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

. I would prepare an unless order asap and give them until last post Monday then 1 last call chasing up disclosure and then file the unless order.

Thank you, I am looking at the link you posted earlier for drafting an unless order.

Do I need to complete form N244?

The draft unless order link appears to be broken http://www.legalbeagles.info/forums/...ht=#post402292

Do I need to complete a witness statement too? to tell the story of all the steps I have taken and interaction with claimant etc.

Shimewaza

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

Yes.

http://www.legalbeagles.info/forums/...ion&highlight= post 4.

Yes.

M1

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

I have had a bout of flu and not been able to complete my witness statement fully, I am feeling rather stressed, is it possible to request and extension to the court so that I can prepare my witness statement fully, or is it possible to send form N244, draft order, then send a separate email later attaching witness statement and exhibits?

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

The court deal with applications so if you wanted to try and posptpone thing you'd need to apply. Any application must be supported with evidence.

I thought the last date you had was 8th ?

You will be ok If they don't apply for a default judgement but it has been know so don't bank on it.

M1

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

I thought the last date you had was 8th ?

You will be ok If they don't apply for a default judgement but it has been know so don't bank on it.

M1

The 8th was on the Saturday and I thought that means that everything had to be done on Monday (first working day after weekend)

I am still hoping to complete everything and email it tonight and will then check first thing with the courts to see if anything has been applied for by the claimant's solicitor. if they have not then presumably I can pay the application fee whilst on the phone??

The Solicitors said everything was on hold until they receive the info from their client, whether that is just a tactic they use to get a default judgement I do not know, If it is their tactic then perhaps I should have been just as ruthless and filed an unless order 7 days after they failed to respond to the cpr request. not sure if the SRA are even bothered, should/ if I could complain who knows, will know what the state of play is tomorrow morning!

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

Yes today would have been fine and tomorrow will probably be fine too. One thing though, never ever trust them. If they tell you it's raining look out the window and see for yourself.

Fees can be paid upto 15:15.

M1

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

Fees can be paid upto 15:15.

M1

is it possible to submit tonight and then pay tomorrow morning?

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

Yes but i think it makes no difference really. Email is 24/7

M1

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

Attached are drafts.

only other thing I want to mention is that all calls to BW legal have been made by a third party in my presence, on my behalf, on loud speaker. I provided verbal permission to bw legal to talk to the third party on my behalf. Do I need to amend the witness statement to state this. (I actually mean has been said on my behalf)

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

Remove 18 and 19 from the witness statement as you don't want the court to think you're fishing.

M1

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

Thanks,

Is it also appropriate to use the draft order date as 8th March or should I change it to 10th March, also point 6 should this be changed from "cental to the
Claimants case" to "central" to the Claimants case.

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

Central - yes.

8 or 10th matters little. Probably todays just so no suspicion can be cast.

M1

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

Should I sign the N244 and the witness statement and then scan it, or should I type my name as signature (just thinking the claimant will get a copy and could possibly scan and steal my signature

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

I'd scan personally.

M1