Help with POC

[Nibbler]

Re: Help with POC

N244 from the HCMS site shoudl be the correct one I think? http://hmctsformfinder.justice.gov.u...s/n244-eng.pdf

[Nibbler]

Re: Help with POC

I have also given the family Xxxxxx'x Land rover reg XXXXXXand boat named Xxxxxxx.

The estate may have no money but what has become of those? Was there any net value to them and have they been dealt with by whoever managing the estate?

Perhaps she thinks the family should have sold them and used proceeds to pay her what she feels she is owes?

Ultimately if the estate is insolvent then even a claim against that would be futile, but if she feels it has not been dealt with properly the may feel she has a claim personally against whoever was administering it?

That wouldn't make the POC any clearer in disclosing a cause of action, but just thinking what might be claimed if they try to have it amended rather than struck out

[midnights]

Re: Help with POC

Hi Nibbler, My partner has both the boat and car stored at our residence as there was no where else to leave them. The boat was at a marina, but that was costly so we had no choice but to remove it as the estate could not pay to keep it there. The claimant has not returned anything else belonging to my partners brother and has not even tried. We know that there are a large amount of belongings. These include jewellery, tools and fishing items aswell as diving equipment. As she has not returned any of this then my partner has not been able to properly deal with his estate.

[midnights]

Re: Help with POC

Hi, Still looking for answers to filling in the N244. If anyone has any suggestions then please feel free to post. We are running out of time and would appriciate some help.

[Amethyst]

Re: Help with POC

MORNING MIDNIGHTS xx I'll put something together today for you to go from xxx

[midnights]

Re: Help with POC

Hi Amwthyst, Thankyou for getting back to me. I have looked around the internet and into the CPR rules and I have come up with the following, but still a bit unsure.

What order are you asking the court make and why?
I ask to have the statement of case struck out under CPR 3.4(2). I ask that the costs of and consequential to this application to be paid by the claimant in any event.

I emailed The county court business centre and and asked them where I would send the N244 and how much would it cost. They responded this morning and said that I need to send it to them at the county court business centre. I could either post it to them or I could email it to them. It would cost me £50.00 if I did not want a hearing or £155.00 if I wanted a hearing. Im not to sure which is the best way to go on that.

[Amethyst]

Re: Help with POC

If she takes legal advice, it doesn't sound like she has so far, she may defend the strike application, but I think without a hearing should be fine enough. District Judge. Time blank.

Okay Strike Out application.


To strike out the claim as the statement of case discloses no reasonable grounds for bringing the claim, sets out no coherent statement of facts and is totally without merit. To ask the Court to order the costs of and consequential to this application be paid by the Claimant.



You also want to attach a draft order.


IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

XXXXXXXXXX

Claimant

- and –

Defendant

XXXXXXXXXX

_________________________________

ORDER
_________________________________

Before District Judge ___________________ Sitting at the Northampton County Court CC BC, 4th floor, St Katharine's House, 21-27 St Katharine's Street, Northampton Northamptonshire, NN1 2LH, on the ............. day of .............. 2014

UPON reading the Defendant’s Application Notice dated XXXXXXXXXXX

IT IS ORDERED THAT:

1: The Claim is Struck Out

2: The Claimant do pay the Defendant’s costs in this application.

[midnights]

Re: Help with POC

Hi Amethyst, Thankyou for taking the time and trouble in helping us. If its ok can you assist with a question regarding the N244 and clarify a couple of things with the draft order.

On the N244 question 9 asks: Who should be served with this application? Do we put the claiments name in there or do we leave it blank.
On the draft order where it states: IN THE XXXXXXXXXXXXXXXXX COUNTY COURT do we put NORTHAMPTON.

[Amethyst]

Re: Help with POC

Hi Amethyst, Thankyou for taking the time and trouble in helping us. If its ok can you assist with a question regarding the N244 and clarify a couple of things with the draft order.

On the N244 question 9 asks: Who should be served with this application? Do we put the claiments name in there or do we leave it blank.
On the draft order where it states: IN THE XXXXXXXXXXXXXXXXX COUNTY COURT do we put NORTHAMPTON.

Yes - Northampton County Court Business Centre rather than County Court if she issued through MCOL


Who should be served? Yes, put ' Claimant ' - no need to put her name

[midnights]

Re: Help with POC

Hi Amethyst, I forgot to ask do we also need to send copies of the N244 and the draft order to the claimant.

[Amethyst]

Re: Help with POC

You don't NEED to but it is considered good practice to do so. Enclose it with a brief covering note - JUST a For your reference this has been filed with N ccbc on DATE Copy attached. Don't go into any discussion on the case or anything. Keep it simple and informative.

[midnights]

Re: Help with POC

Thankyou very much Amethyst for clearing that up for us. XXXXX.

[midnights]

Re: Help with POC

Hi everyone, I'm posting an update to my N244. Last week we received a letter from the County Court Bussiness Center which stated the following:

Before Deputy District Judge Parker at the County Court Bussiness Centre, 4th Floor St Katharine's House,
21-27 St Katharine's Street, Northampton, NN1 2LH on 14th August 2014

It is ordered that:

1) The claim is struck out.

2) The Claimant do pay the Defendant's costs in this application of £50.00.

Note: This order has been made without a hearing under the Court case management powers contained in the
Civil Procedure rules Part 3. Yoy may within 7 days of the service of this order, apply to the Court to set aside or
to vary the order under Part 23 Rule 10, You must file with the Court, and serve on the other parties, an application
that set out your reasons for objection. A fee is payable upon the filing of the application. When your objection
is received the matter will be listed for hearing unless you ask the Court to vary the order without a hearing.

Todate we have not had anything from the claiment and we do not expect to, but you never know.

We would like to thank Amethyst, Kafka, StevemLS and Nibbler for taking the time and giving us their help and advise.

[Amethyst]

Re: Help with POC

Hi everyone, I'm posting an update to my N244. Last week we received a letter from the County Court Bussiness Center which stated the following:

Before Deputy District Judge Parker at the County Court Bussiness Centre, 4th Floor St Katharine's House,
21-27 St Katharine's Street, Northampton, NN1 2LH on 14th August 2014

It is ordered that:

1) The claim is struck out.

2) The Claimant do pay the Defendant's costs in this application of £50.00.

Note: This order has been made without a hearing under the Court case management powers contained in the
Civil Procedure rules Part 3. Yoy may within 7 days of the service of this order, apply to the Court to set aside or
to vary the order under Part 23 Rule 10, You must file with the Court, and serve on the other parties, an application
that set out your reasons for objection. A fee is payable upon the filing of the application. When your objection
is received the matter will be listed for hearing unless you ask the Court to vary the order without a hearing.

Todate we have not had anything from the claiment and we do not expect to, but you never know.

We would like to thank Amethyst, Kafka, StevemLS and Nibbler for taking the time and giving us their help and advise.

Ahh that is good news, I suspect that won't be the end of the matter but hopefully it can be sorted out a bit more amicably than court action.... let us know if you hear anything else.

[midnights]

Re: Help with POC

Hi Amethyst, We have no doubt that you are correct and we wait to see what happens.