Toby David - Surely my insurer should be dealing with this ?

[Toby David]

Hi, don't know if anybody can help, basically I find myself in dispute with another party, who wishes to sue me for a very large amount of money, Although we have sought legal advice on this , our wish is 'damage limitation', as we suspect the other party has got Mental health issues, and therefore we have no hope in retrieving any of our costs. The other party is representing themselves, and it shows, as to date they have amended their claim three times, they never follow any directions, or timeframes, yet the court seems to have shown extreme amounts of leniency. Obviously as the other party, we then have to try to contend with this nonsense, The latest addition to this list is that we have received a application from the claimant to the court, with regards amending the claim yet again. (N244) I wish to oppose this, as the defendant ,I believe the whole process is a complete and utter waste of everyone's time, I have already submitted a number of defences to contend with these 'amendments' and strongly feel that these amendment highlight the futility of the claimant's action against me. Can anyone advise me as to the best way to oppose this application, and whether I am right in thinking I also need to submit a N244 in order to do this. Thanks

[wales01man]

Re: being led a merry dance

Do you owe the Other Party money if so is there some proof of this they can produce In evidence?

[Toby David]

Re: being led a merry dance

No, the other party has not claimed this so far, although they have thrown every other allegation under the sun at us. We deny each and every allegation, as I have said, they are the inventions of a troubled mind.

[wales01man]

Re: being led a merry dance

Is tis a Court claim if so what are they claiming ? give as much info you can on here and let the others on here advise you bit vague what this is about at the moment

[Toby David]

Re: being led a merry dance

Intentionally vague. Basically the claimant is alleging all manner of criminal act, dating back over a number of years, as I have said the claimant has lost the plot. The police have never approach us with regards to any of these accusation, but some how the claimant has succeeding in bringing this claim, I believe the claim office receives over a thousand claims a day, and due to this some aren't dealt with by qualified staff. The claimant also seems to think that why use one word when several will do, therefore the claim is huge, smoke and mirrors, I believe if a Judge actually took time to digest the statement of claim then this would become apparent. The claimant appears to have no understanding of the C.P.R. rules, and seems to be making it up as they go along, the court seems to show endless amounts of leniency toward the claimant, where as we have to contend with all manner of nonsense. Now having amended the claim once already, the claimant has applied to amend it yet again. Its Becoming very tedious.

[wales01man]

Re: being led a merry dance

Being so vague about the claim may hinder you in your quest for help on here is it for money

[Toby David]

C.P.R. rule 31.14

Having received the claimants, Statement of claim / Particular, am I right in thinking I can use rule 31.14, in order to force the claimant to disclose documents the claimant refers to in them. I actually do not believe that they even exist, but as I believe the claimant never intended to disclose them, it would be away of proving this, whilst also showing that I have prompted and given the claimant opportunity to present them. There seems to be confusion over whether this rule applies after allocation, as this claim has been allocated to 'Multi track', and is well in exes of £10.000. cheers

[nemesis45]

Re: C.P.R. rule 31.14

Yes now the claim has been allocated to a track.

Is this in reference to " Consumer Credit Regulated" agreements?

[Amethyst]

Re: C.P.R. rule 31.14

Yes you can use CPR 31.14 for multi-track claims and if they fail to comply you can make an application to the court to order the claimant allow inspection of the disclosed documents.

http://www.justice.gov.uk/courts/pro...l/rules/part31 and http://www.justice.gov.uk/courts/pro...l/rules/part29 for reference

Might be of help to post the claimants particulars.

Where has the confusion over whether CPR 31.14 applies come from ?

[Toby David]

Re: C.P.R. rule 31.14

Hi, I was not sure if it could be used after serving the defence.

[Toby David]

Re: C.P.R. rule 31.14

We are shortly required to simultaniously exchange witness statements with the other party, I am aware that this exchange must take place at the same time, to eradtcate the opportunity for either party to change elements of their statements, I have experience continual problems with the other party regarding late submissions, and we have composed a letter to question whether the other party will be ready, and to prompted them, to be sent a number of days before exchange is directed to take place. Has anyone got any further advice on this matter?

[Kati]

Re: being led a merry dance

Hi Toby, I have merged your two threads on the understanding that they relate to the same claim ... I hope you get the advice you need!

Kati x

[nemesis45]

Re: C.P.R. rule 31.14

It is very difficult to give you full advice Toby without knowing the nature of the claim and what you are using as a defence.
Is this a money claim, claim for damages?

[Toby David]

Re: being led a merry dance

Hi, Believe me when I say it would take me all night to explain the case, it is basically a fraudulent claim for damages, and i would just appreciated any advice , as I believe the other party will try to gain an advantage, by submitting their witness statements late, and therefore have ours to refer to, in order to make amendment's.

[nemesis45]

Re: being led a merry dance

Just the basics would help Toby.
The claim would be considered vexatious if brought with out proper reason and/or without good cause.