Munchkins_mum v Lowell/BW Legal

[teaboy2]

Re: Munchkins_mum v Lowell/BW Legal

I spoke the court a week ago and they hadnt heard anything from the claimant, could I apply for it to be put on hold pending production of the documents?

When was the defense due to be filed?

[munchkins_mum]

Re: Munchkins_mum v Lowell/BW Legal

The claim has 6 May on it, so I need to file before 6th June as the 8th is a Sunday, so I still have time to file n244 or speak to the court again Monday

[teaboy2]

Re: Munchkins_mum v Lowell/BW Legal

Right best to speak to the court on Monday first to see if its on hold or not.

[mystery1]

Re: Munchkins_mum v Lowell/BW Legal

Pretty safe bet it won't be. The parties can get together and change some deadlines but what they are saying is just not catered for in the rules.

http://www.justice.gov.uk/courts/pro...es/part02#2.11

M1

[munchkins_mum]

Re: Munchkins_mum v Lowell/BW Legal

Good evening all

I am currently still battling with completing the N244 application - I am unsure if what I have written in my witness statement is correct/appropriately written, and there is a couple of parts of the form I was unsure what to put.
Would anybody be so kind as to have a look at what I have and perhaps give me some feedback please, it would be much appreciated!
Also, is it possible to file this at my local court rather than posting-id like to know it gets there ok, and I don't have a cheque book to make the fee. I am also unsure of the fee-I have seen several figures quoted on various posts?!

[Amethyst]

Re: Munchkins_mum v Lowell/BW Legal

Good evening all

I am currently still battling with completing the N244 application - I am unsure if what I have written in my witness statement is correct/appropriately written, and there is a couple of parts of the form I was unsure what to put.
Would anybody be so kind as to have a look at what I have and perhaps give me some feedback please, it would be much appreciated!
Also, is it possible to file this at my local court rather than posting-id like to know it gets there ok, and I don't have a cheque book to make the fee. I am also unsure of the fee-I have seen several figures quoted on various posts?!

Of course, post up what you have got so far

Fee is £155 with a hearing or I think £50 without. I believe you can make a payment by debit card by telephone to Northampton if that's where the claim is currently and email them the documents. If you give them a call they will help you with the right details.

[munchkins_mum]

Re: Munchkins_mum v Lowell/BW Legal

Thank you so much.
This is what I have so far;

IN THE NORTHAMPTON COUNTY COURT
Claim No. ***********
BETWEEN:

Lowell Claimant
-and-
******* Defendant
----------------------------
WITNESS STATEMENT OF *********
----------------------------

I ******** of ******* being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of the application for an order that the Claimant do provide copies of documents pursuant to CPR 31.14.

2: CPR rule 31.14 states

(1) A party may inspect a document mentioned in –
(a) a statement of case;
(b) a witness statement;
(c) a witness summary; or
(d) an affidavit

The Defendant is therefore entitled to inspect copies of the Credit Agreement, the Default notice and the assignment.

3. On ** May 2014 I made a written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case. [EXHIBIT A]

4. The Claimants claim is based upon the Defendants alleged breach of contract and therefore the contract is entirely central to the Claimants case.

5. CPR Rule 31.15 requires that documents are provided within 7 days from receipt of a written request. The Claimant has failed to provide any of the documents mentioned in its claim form.

6. On ** May 2014, I contacted the Claimant solicitors by telephone and also emailed immediately afterwards to confirm what had been said - [EXHIBIT B], and repeated my request for copies of documents pursuant to CPR 31.14. I also sought an extension of time for filing my defence to the Claim in accordance with CPR 15.5.


7. On ** May 2014, I again contacted the Claimant solicitors by telephone after receiving no written correspondence from Claimant as previously agreed. Again, this conversation was summarised in an email - [EXHIBIT C].
8. On ** May 2014 I received a letter from Claimants - [EXHIBIT D]. I immediately telephoned the Claimant solicitors and spoke to both 'Z**' and 'S***' to question why the time extension had not been granted and was told that they didn't grant time extensions as they considered it unnecessary as the file was 'on hold' and it was made clear that further communication was fruitless.
9. Prior to these recent communications I had previously attempted to gain the documents I required on ** November 2013 via email communications with Claimant - [EXHIBIT E] which was not responded to further than an automated email reply [EXHIBIT F].

7. The Claimant has mentioned the credit Agreement, the default Notice and the assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.

8. I refer to the ruling of Rix LJ in Expandable v Rubin [2008] EWCA Civ 59 (at paragraph 24)

“The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection.”

9. I also refer to the ruling of the Court of Appeal in Mitchell v News Group Newspaper [2013] EWCA Civ 1537 where the court set down clear guidance that the rules must be complied with (see para 41). This application could have been avoided had the Claimant complied with its duties under the CPR.

10. The Claimants pleaded case is that the Defendant entered into an agreement with Lloyds TSB Bank Plc under account reference ********. I am uncertain as to which account this refers to. It is accepted that I have had banking products with Lloyds TSB Bank Plc in the past however the account number given does not relate to any information I have, therefore it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.

11. I therefore ask that the Court grants an extension of time to file my Defence and orders the Claimant to provide copies of the documents mentioned in its statement of case. I would also ask the Court to order the Claimants pay the costs of this application which could have been avoided had the Claimants had their house in order from the outset.


Statement of Truth

[munchkins_mum]

Re: Munchkins_mum v Lowell/BW Legal

As for the hearing - is it necessary, or would I be able to make an application based on what I have sent in as exhibits?

[Amethyst]

Re: Munchkins_mum v Lowell/BW Legal

Well that WS is very good.

No it isn't imperative you have a hearing, it should be a simple procedural paperwork exercise.

Have you done the N244 and draft order as per the guides as well?

[munchkins_mum]

Re: Munchkins_mum v Lowell/BW Legal

Thank you Amethyst
I'm hoping that that the fact I disputed this months before the court claim was even made will help matters here.
I have completed the rest of the form, there were a few points I was unsure of-it asks for a service address-would it be lowell as the claimant, or bw as their solicitors?
i didn't know what to put in the top where it said fee code number?
also, I wasn't sure if I was meant to leave blank spaces for date claimant must comply by-obviously I wouldn't know when the order would be made so I'm guessing I don't fill it in?
I think other than that I'm pretty much ready, just need to scan all of the exhibits to add to the email pack!
I think if it isn't a problem ill file for the order with no hearing then, as I'm giving quite a few exhibits to help and I don't think I'd easily be able to take the time off work either.
Thank you again for getting back to me so late at night!