Multi Track Claim

[Claimant1]

I have recieved a General Form of Judgement or Order this morning on form N24 dated 13 November 2014;

I am the Claimant by the way.

It reads

Before Deputy District Judge ****** at the County Court Money Claims Centre

UPON considering the Defendant's application dated 29th October 2014

IT IS ORDERED THAT

1. The claim be transfered to the County Court at *********** for listing and service of the application.

Because the order has been made without an hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application to the Court (together with an appropriate fee) to arrive within 7 days of service of this order. If the application is one which requires an hearing, and

(a) the party making the application is the Defendant; and
(b) the Defendant is an individual.

then upon the filing of the application the claim will be transfered to the Defendant's home court. In all other cases requiring a hearing the claim will be transfered to the prefered court.

Dated 7 November 2014

In addition to the above form, another form is attached titled Notice of Transfer of Proceedings N271 dated 13 November 2014;

It reads

To all parties

As a result of an order made on 7 November 2014, this claim has been transfered to the County Court at **********

Please allow 5 working days from receipt of this notice for the file to be received at the court.

Can anyone tell me what does the above mean and do I as the Claimant need to do anything?

Thank you

[Amethyst]

Re: Multi Track Claim

Did the Defendant send you a copy of the application ? (ie. do you know what the application is?)

[nemesis45]

Re: Multi Track Claim

The application would appear to be for the transfer and management of the case to be via the defendants nearest count court.
Usually made to avoid unreasonable travelling time and costs of the defendant.

[Amethyst]

Re: Multi Track Claim

Yes it has been allocated following an application by the Defendant. The allocation has been made to their local court because the Defendant has filed an application which requires an application hearing. We don't know what the application is as yet. ( or anything else really) - it does state for listing and service of the application, so presumably once it is transferred to the Defendants local court - the Judge there will look at the application and order it to be served on the Claimant.

[Claimant1]

Re: Multi Track Claim

Appologies Amethyst

The Defendants application which is on form N24 is to have the claim Struck Out and for me the Claimant to be responsible for the cost of the application.

Thanks

[Amethyst]

Re: Multi Track Claim

Ouch.

Okay we'll need a lot more info on the claim you have bought, incl. the particulars of claim.

What reasons have they put for the strike out?

and how much is it (being multitrack)

[Claimant1]

Re: Multi Track Claim

Further to my claim against the Defendant I was issue form N181 Directions Questionnaire to be completed and returned to the Court by 1 December 2014.

The Defendant has declined to communicate in regards to the completing of the above questionnaire having requested their directions and in addition have refused any ADR options.

As such, I have duly completed the above questionnaire which is due to be posted on 20 November 2014 to the Court and of course a copy will be forwarded to the Defendant.

The Defendant has also refused to disclose documentation that I believe to be relevant to the claim and as such detailed the above points on completing the above questionnaire as well as submitting a Disclosure Report on form N263 indicating the existance of the document which is in their possession.

Would sending the completed questionnaire earlier rather than later be taken into consideration at the hearing that has been proposed by the court in respect of the application the Defendant has submitted?

Thanks

[Claimant1]

Re: Multi Track Claim

Ok Amethyst, here goes;

The claim is for £320,000.00 which consists of Expectation Damages and Loss of Chance Damages.

The claim is based on similar issues and facts of a previous legal case that was upheld in June 2014 for Breach of Contract

I was a witness to the above previous legal Case in which the claimant to whom I shall name Mr X took the claim to the small claims track limited to £10,000.00.

As you can imagine especially with the claim being allocated to a multi-track it will consist of some complicated issues and evidence that will be presented and is far to extensive for me to post here, but in brief;

Mr X, claimed for Breach of Contract by means of inducing a business relationship by falsity and miss-representation of the true facts and made the claim for the recovery of investment costs paid to the Defendant of a franchise agreement which totalled a little over £10,000.00.

The agreement with the Defendant was such, that Mr X was providing me with a loan to set up my own business with the Defendant as a self-employed courier which would place me back into employment.

The agreement with the Defendant was such that;

The Defendant would provide me with all the work under my contract of agreement, and;

The Defendant would pay Mr X all invoices for the work I had completed under a seperate contract of agreement.

The arrangement as above was agreed by the Defendant as they were totally aware that Mr X was providing a loan to me in this respect and of which a seperate agreement of paying back that loan was agreed with Mr X and myself.

As Mr X was not completing any work himself but providing the necessary investment as a loan to myself for the operation of my business the Defendant formed two contracts one for Mr X and one for myself which in all intents and purposes were identical in wording and format.

The Defendant ceased supplying work after 4 weeks to me primarily because Mr X made a complaint to the Defendant that they were not paying his invoices in line with his agreement.

The Defendant was therefore in Breach of Duty of Mr X's agreement and as such he instigated proceedings.

As I was under a seperate agreement with the Defendant to recieve work as well as a seperate agreement with Mr X for the repayment of the loan I continued to work in my own capacity having a duty to mitigate any losses if I were to make a similar claim against the Defendant.

Mr X succeeded his claim as stated in June 2014 and as such I was a witness for Mr X but not a joint claimant as his claim was for loss of investment costs only to which I was not party too.

I instigated my claim against the Defendant as a matter of Legal Principle under the latin term known as 'Stare Decisis et non quiete movere'.

The Defendant has refused any communication and refused to disclose relevant information which I believe will harm their Defence in as much that they will not disclose the contract signed by Mr X which pertains to the previous legal case and as such as made the application to the court to have it struck out as they believe I was party to Mr X's claim this having been dealt with and therefore believe it to be an abuse of the process.

Does this help any?

[Amethyst]

Re: Multi Track Claim

Yes it does, but probably raises more questions tbh.

Do you have a solicitor or any legal assistance in bringing this claim ? and have you had opinion / assessment on your bringing the claim against the Defendant prior to bringing it ?

Is the Defendant a company ?

You only appeared as a witness in Mr X's claim and at no time were you added as a Party to the claim. Has the Defendant detailed why they believe you were a party to Mr X's claim ?

You are bringing this claim under the separate agreement between yourself and the Defendant which does not have Mr X included as a party.

The contract between you and the Defendant guaranteed a specific amount of work ?

Did the contract between you and the Defendant detail that payment for work would be made to Mr X on receipt of invoices ?

Is Mr X an individual or a company - if a company is it a financing company ?

What is the position between yourself and Mr X with regards the loan?

Anyway, intricacies aside, with regards the application for striking out the claim - have you submitted documents in response to their application ?

And yes I would send your N181 sooner rather than later so it is in hand before the hearing.

[Claimant1]

Re: Multi Track Claim

Thanks for your reply Amethyst its much apprieciated and sorry for the delay in getting back to you.

I do not have any legal representation due to being unemployed this being a result of the Defendants actions.

Perhaps I should copy and paste my particulars of claim in order to get the full Jist of my claim across to those who may be interested? But I doubt anyone would want to read it giving the complexity?

When I mention Multitrack to some people and the amount I am claiming they seem to go wobbly at the knees and always advice me to seek legal advice but unfortunately being in the position I am, affording such advice is impossible:tinysmile_cry_t:

The Defendant as well as their Defence solicitors will not correspond with me either by Letter, email or phone which is contrary to the Practice Direction of Pre-action Conduct rules.

Having searched the internet for information, I believe you are correct that I should put forward the Directions Questionnaire sooner than later and in addition place an application notice on form N224 for their application to be 'Set Aside' with an additional Order that the Defendant discloses documentation that I have requested in which they have refused to disclose as its pursuant to CPR31.5(4)(d) as I have discovered and thats the reason why they wont disclose it?

I am definately on a learning curve with this and apprieciate all those who have made a comment and offered advice but I do feel that I am on my own with this and shall proceed nevertheless.

Thanks again Amethyst

Kindest regards

[Amethyst]

Re: Multi Track Claim

You do not need to submit an application to set aside their application to strike. You can defend the application to strike and should put in a witness statement once the application has been served and directions given as to the hearing.

The other party refusing ADR and other communication could help you costs wise further along. I am sure you have already weighed up the risks with regards possible costs and only you know you circumstances.

I'm just going to read your pm.