Reston Solictors - Court Claim

[solojedi]

Re: Reston Solictors - Court Claim

The form was signed by Reston Solictors Limited

[mystery1]

Re: Reston Solictors - Court Claim

http://www.legalbeagles.info/forums/...Egg-loan/page2

Instead of defending i'd do that (if they won't agree an extension but probably would anyway.). You'll end up with more time and cause them issues.

M1

[Amethyst]

Re: Reston Solictors - Court Claim

Can you agree an extension without having sent a CPR 31.14 request ? Would have to be a case of sending one now, and asking for an extension for them to fulfill it and then defend?

[mystery1]

Re: Reston Solictors - Court Claim

You can agree an extension just for the hell of it, if both sides agree.

M1

[solojedi]

Re: Reston Solictors - Court Claim

Hi,

Just called the court - advised need to fill in a n244 form and make a payment of £80 , it is then decided by the district judge as to the length of the extension.

Do you think this is worth doing , or should I submit the defence - deadline date is 11.4

Thanks

[Amethyst]

Re: Reston Solictors - Court Claim

Usually, you would have sent the 31.14 request just after you acknoledged receipt of the claim, then when the claimant didn't respond you'd telephone the claimant solicitors to say they hadn't complied and they should agree to an extension of the date for filing your defence under CPR 15.5, then email that agreement to the court. The court are wrong in that you need the N244 for an agreed extension. (Basically it means the claimants agree not to enter default judgment against you for a certain period to allow time to give you documents and you to assess such and defend or admit accordingly)

As you didn't yet submit a CPR request I personally don;t think there's any need to request an extension unless you would rather go down the more formal CPR 31.14 request route (think I linked it in the library earlier on) and unless order to get directions for documents to be produced or if you are happy putting the defence in and hoping the judge orders similar off the back of that.

To be honest I felt as you had left it a little bit late you were best to put a defence in, but I know M1 is quite keen on getting Restons to stop incorrectly signing their court claim documents (could always add that into the defence?) and it is preferable to go the CPR 31.14 route, however having said that, we are seeing the same results from people who just bring up the distinct lack of documents in their defences.

Neither way is particularly right or wrong, though the CPR 31.14 is probably more procedurally correct.

Have a read about of some recent threads, there was one yesterday morning where the claim was struck out following orders based on pleadings in the defence.

[solojedi]

Re: Reston Solictors - Court Claim

Thank you again for the quick and comprehensive respones, as you mentioned I have left it a bit late and think its best to submit the defence with the view that the judge will advise claimant's solicitors to provide further information or better still strike it out.

My fault for sitting on the proceedings until now.

In reference to M1's point to get - Restons to stop incorrectly signing their court claim documents - How should I word this in my defence?

[Amethyst]

Re: Reston Solictors - Court Claim

I do have to nip out and get some leccy, but have a look at panther's thread, which M1 linked you to earlier and you'll be able to nick some bits xxx I'll be an hour or so xx

[mystery1]

Re: Reston Solictors - Court Claim

Thank you again for the quick and comprehensive respones, as you mentioned I have left it a bit late and think its best to submit the defence with the view that the judge will advise claimant's solicitors to provide further information or better still strike it out.

My fault for sitting on the proceedings until now.

In reference to M1's point to get - Restons to stop incorrectly signing their court claim documents - How should I word this in my defence?

Nothing more than a passing comment in a defence.

As i understand it, you are rushing as time is tight. Getting the particulars of claim sorted, especially via an application if they refuse to do so of their own volition, will give you plenty enough time. It will also cost them.

M1

[panther12]

Re: Reston Solictors - Court Claim

Ideally it's best to point this out to them early so you're seen as reasonable and giving them the opportunity to correct it and then wait for Miss Tipping's flippant response about the claim being issued electronically so therefore impossible for a person to physically sign it in their own name, which can then be used against them pointing out their refusal to comply.

Just remember that Rectums don't play by the book and allow claims to get stayed before hitting you later on with an application to the court to lift the stay with strike out or summary judgement with the threat of 1k + counsel fees to attend the application hearing if you don't bend over and cough up. They pull this stunt as it gives them two chances to win and a dry run to "test the waters" for the main trial, if they don't succeed first time with the application for SJ.

[solojedi]

Re: Reston Solictors - Court Claim

Hi,

Thanks for your help again,

I am sending the defence this evening and will mention the fact that the particulars of the claim are electronically signed and not by a person.

Something like?

Accordingly, the Defendant contends that

8. The Claimant has failed to plead properly in this matter
9. The Claimant has failed to sign the particulars of the claim form adequately.
10. Therefore, the Claimants Claim should be dismissed.

Also in ref to restons not playing by the book - What does a stay claim mean?

Thanks

[solojedi]

Re: Reston Solictors - Court Claim

Good evening,

I am drafting the final version of the defence based on Amethyst's example, with the view to email it to the court along with the defence form. Can I just type my name or do I need to sign, print and scan it?

Any final advice before I submit the defence would be appreciated....

Thank you

[Amethyst]

Re: Reston Solictors - Court Claim

If you can sign it that'd be best otherwise typed name is ok. I think the addition of the signing of the claim is ok but add ' as required under CPR xxx ' (sorry can't remember it off top of my head)

Stay a claim, basically means put on hold until either party does something.

[panther12]

Re: Reston Solictors - Court Claim

What should happen is when you submit a defence the claimant is notified and if they want to continue they have (I think) 28 days to notify the court that they wish to continue and allocate it to a court track. If they don't the claim gets stayed where it remains dormant until either party apply to lift the stay. With this shower of shyte they often allow defended claims to get stayed then some weeks/months down the line they'll send you some crap and make out that they have now provided you with all the information needed and that you don't have a case so sign the admittance form that they enclose otherwise they will apply to lift the stay with an application to strike out or summary judgement with the threat of 1k+ costs if you refuse. They appear to do this all the time with defended cases and I think it's a total abuse of the system that they use it as a means to intimidate settlements or be faced with huge costs - not what the small claims system is intended for.

[solojedi]

Re: Reston Solictors - Court Claim

Hi ,

Thanks for the clarification Panther12, Amethyst I amended the last point as recommend, I have sent the signed form and defence to the court and had a auto response back from them.

Just a case of waiting now I guess. I will keep you updated with any new developments

Once again thanks for all the help and support - its most appreciated.