Mayflower21 v MKDP LLP

[Mayflower21]

Re: Mayflower21 v MKDP LLP

Thanks Mystery1 - I thought they were fobbing me off.

I have to file my defence by Wednesday. The unless order is the N244 right?

Can I submit it to the court online?

[mystery1]

Re: Mayflower21 v MKDP LLP

Yes it is.

Email and pay by phone (until 15:15 only)

M1

[Mayflower21]

Re: Mayflower21 v MKDP LLP

Ok I emailed over the completed N244 form with witness statement, draft order and also a copy of my original CPR request and emails requesting the documents.

Just paid the £80 fee over the phone.

Do I still need to file a defense before the deadline tomorrow?

If so does this sound ok:

I am unable to fully defend this claim as despite repeated requests the claimant has failed to supply me with the necessary documentation. I have filed an application for a draft order (as per application N244)to enforce CPR 31.14 whereby the claimant will supply me with the documentation within 7 days of the order or the claim will be struck out.

Thanks!

[Amethyst]

Re: Mayflower21 v MKDP LLP

No, don't file a defence. That just gets your case allocated to small claims and the judge then says CPR 31.14 doesn't apply.

The application should show on the system straight away even if they have a backlog dealing with the paperwork, so if a default judgment is applied for that will flag up the case is active and being dealt with, so you won't get the default judgment.


For a wee boost have a look at http://www.legalbeagles.info/forums/...-AKTIV-KAPITAL Claim struck out for not supplying any documents (I'd prefer the unless order route as you're more in control but a great result)

[Mayflower21]

Re: Mayflower21 v MKDP LLP

Thanks Amethyst! When I called to pay the fee I asked the court clerk and they said I should still file a defence so glad I checked with you guys first!

I received an automatic reply from the court and they also sent me a screen shot of my payment - was nervous that they would rule against me with out submitting a defence so thanks for the clarification :-)

[Amethyst]

Re: Mayflower21 v MKDP LLP

It shouldn't be necessary - the point of the application is that you are unable to plead successfully without further information, so entering a defence defeats the object.

You do see people entering defences based on no paperwork - which can work as well, (like in the case I linked before) but its a bit hit or miss, I'd rather have control and have a sanction of striking out the claim involved by suggesting your own draft directions to the Judge.

If they do cock anything up then you have the evidence of the application so can just get any default judgment squished. Shouldn't be a problem at all though really. You've given the claimants enough warning that you'll be asking for the information through the court that if they try default judgment they won't have much of a leg to stand on.

[Mayflower21]

Re: Mayflower21 v MKDP LLP

Update

my order was granted but have now received a notification from the court as MKDP has applied for an order to set it aside "because the order as drafted by the defendant is disproportionate"


On their application they ticked the "without a hearing" box but
a hearing has been scheduled on 16th September. What do I do now?

[mystery1]

Re: Mayflower21 v MKDP LLP

It depends. What was the actual order you obtained? what is their application and when was their application made ?

M1

[Mayflower21]

Re: Mayflower21 v MKDP LLP

Hi Mystery1,

I completed a N244 form to request that the claim be struck out if they did not supply me with the requested documents (CPR)within 7 days. The order was granted on 22nd April.

MKDP's application to have it set aside was submitted on 12th May and the notice of hearing of application was issued in 6th June. I received the notification on 19th June.

[mystery1]

Re: Mayflower21 v MKDP LLP

Hi Mystery1,

I completed a N244 form to request that the claim be struck out if they did not supply me with the requested documents (CPR)within 7 days. The order was granted on 22nd April.

MKDP's application to have it set aside was submitted on 12th May and the notice of hearing of application was issued in 6th June. I received the notification on 19th June.

Well an application to vary must be within 7 days of service of the order. Seems to me they have not done that. http://www.justice.gov.uk/courts/pro...es/part23#23.8 read through to 23.10

That just leaves the relief from sanctions route but as they appear not to have applied for that then they should be told to go away and play with the traffic.

http://civillitigationbrief.wordpres...ll-case-watch/

M1

[Mayflower21]

Re: Mayflower21 v MKDP LLP

Thanks Mystery1 that reassures me as I had hoped it was all done with and wasn't best pleased to receive the latest letter.

How should I proceed? Do I respond to to the notice of application or do I have to attend the hearing?

Thanks for your help with this

[mystery1]

Re: Mayflower21 v MKDP LLP

If a hearing is taking place and something other than a consent order is happening it is always best to attend or have representation.

You could do a witness statement and/or skeleton argument based on what i said. However the difficulty you have is you aren't 100% on what they will do in the hearing and it depends on the judge too. You have to react to what's happening more than dictate what happens because it's not your application.

My thoughts on applications where without a hearing is asked for and a hearing date made is that the court is minded to refuse the application. However nothing is ever guaranteed in litigation.

If they fail the claim is over. As such it might be an idea to get professional help for this hearing. Try http://www.qualitysolicitors.com/how...e/kate-briscoe see if she can help.

M1

[Mayflower21]

Re: Mayflower21 v MKDP LLP

Hi Guys - I have really messed up.

To be completely honest I buried my head in the sand after this and didn't attend the hearing. Things aren't great for me at home or work at the moment and I just blocked this out.


I have now received a General Form of Judgment or Order dated 16th September as below:


Upon hearing the solicitor for the Claimant


It is ordered that:


1) Order made herein on 22/04/14 (and drawn on 08/05/14) is set aside
2) Defendant's application dated 07/04/14 is dismissed
3) defendant to file and serve a defence by 4pm on 07/10/14 and in default the claimant do be at liberty to apply for judgement in default.


I realise that by not attending court I have probably handed this to them on a plate but I just felt so overwhelmed by it all and couldn't face a court hearing.


Is there any way forward for me with this? Annoyingly it would be statute barred in October (need to check exact date when I get home).


Any help would be very much appreciated.


Thanks for taking the time to look at this for me.

[Mayflower21]

Re: Mayflower21 v MKDP LLP

Can anyone advise me? :doggieyes:

Feeling pretty hopeless......

[Amethyst]

Re: Mayflower21 v MKDP LLP

Hiya xxx Just having a read, so sorry to have missed your post yesterday xxxxxxxxxx don't worry it's all fixable.