PLEASE HELP! - egg v Mark20 -- MEIII / Mortimer Clarke

[Amethyst]

Re: PLEASE HELP! - Northampton Bulk Clearing Centre Form

Best of luck tmw, this is your CPR 31.14 application hearing isn't it?

Have you still heard nothing from the claimants?

[Mark20]

Re: PLEASE HELP! - Northampton Bulk Clearing Centre Form

Best of luck tmw, this is your CPR 31.14 application hearing isn't it?

Have you still heard nothing from the claimants?

Thanks very much, that is correct its the CPR hearing.

Not heard anything from the claimaints whatsoever, which either means that have something up their sleeve or they have zero.

[Amethyst]

Re: PLEASE HELP! - Northampton Bulk Clearing Centre Form

Okay, if they show up tomorrow with the documents then do not let them swing it around into a hearing for the full judgment - you need time to assess the documents first and to have opportunity to enter you defence.

Presumably you have read other threads where hearings have been held for the CPR applications so are well aware of the judge lottery.

[Mark20]

Re: PLEASE HELP! - Northampton Bulk Clearing Centre Form

Okay, if they show up tomorrow with the documents then do not let them swing it around into a hearing for the full judgment - you need time to assess the documents first and to have opportunity to enter you defence.

Presumably you have read other threads where hearings have been held for the CPR applications so are well aware of the judge lottery.

I have indeed! I suppose there is very little I can do until I see the outcome. All I have to hope for is they don't have their house in order and don't have the relevant documents with them. Either way I am just going to say I am unable to submit a defence until I have the documents I requested.

2 hours to go!

Thanks for everyone's support by the way its very much appreciated.

Mark

[Amethyst]

Re: PLEASE HELP! - Northampton Bulk Clearing Centre Form

Not really, just a case of play it by ear. Nothing can't be sorted. Best of luck xx Let us know how you get on won't you.

[mystery1]

Re: PLEASE HELP! - Northampton Bulk Clearing Centre Form

If they have the documents with them you should complain to the judge. Why did they not provide them before you had to apply ? Why did they not provide them in the last few days so the hearing could be vacated saving valuable court time ? Cpr 1.1 which i hope you've read by now "the over riding objective"

Did you take note from elsewhere that if they had not used the bulk centre then they'd have had to include the contract with the claim form etc ?

Good luck

M1

[Mark20]

Re: PLEASE HELP! - Northampton Bulk Clearing Centre Form

Hi Guys,

Just got back from the court and it went surprisingly well. There was no written response from the claimant nor did they turn up to defend themselves. I was quizzed on a few points one being why I hadnt chased up the claimaints for the documentation however I mitgated that by saying as it was already going through the legal process that I may muddy the waters by that request.

The judge has requested the claimant provide the documentation I requested or evidence to which would stand up in a court of law, plus any reasonable fees within the next 28 days. Failure to do so will see the claim struck out.

I was happy with this so I suppose time will tell!

Mark

[Amethyst]

Re: PLEASE HELP! - Northampton Bulk Clearing Centre Form

Excellent, you won the Judge lottery there then. Good pointer about chasing the claimants for the documents. So, more wait and see stuff then. Well done xx

[Mark20]

Re: PLEASE HELP! - egg v Mark20 -- MEIII / Mortimer Clarke

Hey Guys,

So I am back with an update!

Received a letter from Mortimer Clarke Solicitors which states as follows:

'We are instructed by our client to close your account.

Your account has been referred back to our client and your debt remains outstanding. Our client's agent will be in touch in due course, as appropriate'

So I take it then its been struck out as not heard anything from the claimaints nor the court. Should I ring someone?

Mark

[Kafka]

Re: PLEASE HELP! - egg v Mark20 -- MEIII / Mortimer Clarke

It sounds like they won't submit details, so the court will strike it out after the 28 days.

Well done!