Amended Particulars of Claim

[horleyox]

Hello QCK,

There is no contract linked to this dispute and have since moved on considerably from the Amended PoC prepared with the help of Efpom to the re-amended version that the defendants' solicitor would prefer didn't see the light of day.

horleyox

[horleyox]

Hello R0b and PT,

My latest draft setting out why I am opposing the proposed set aside hearing is attached.

Any further comments would be appreciated. I would like to submit it as soon as possible so that I may at least catch up on recent sleepless nights over the weekend.

horleyox

[horleyox]

I have since removed the 'without notice' paragraph given unsure if relevant as I have been given notice of hearing of the application by the court, so no new order made to apply to set aside or vary.

horleyox

[R0b]

If you're opposing an application then normally you should put it in the form of a witness statement and file any evidence that way. How do you know this is a without notice application? It looks to me that it's a with notice application, because Q9. says the application should be served on the Claimant.

I would suggest you put your arguments in the form of a witness statement than a letter.

[horleyox]

Will do, thanks R0b.

Have a good weekend.

horleyox

[R0b]

Suggest you post it up once you've drafted it and we can comment to make sure you've set it out properly. You don't want to be in the same position as your POC where your witness statement and accompanying evidence is struck out for non-compliance..

[horleyox]

Here you go. See attached.

Just to put all in context, I have now been told that it would cost me £10k for preparing the re-amended PoC and be legally represented at the court hearing that heard my claim for £6k if that was ever to take place. Plus my neighbours smugly told me yesterday that I will be saving them solicitor's costs of £33k, including the scheduled application hearing.

So much for justice...and for using the Small Claims Court for claims of less than £10k. The only people who win are the solicitors.

horleyox

[horleyox]

Only one view all week. So good, bad or indifferent?

horleyox

[R0b]

A covering letter is not the usual way to go for opposing a set aside application. You've also referenced a witness statement but you haven't uploaded the contents so can't see what has been inserted.

I don't understand in the covering letter why you have referred to extracts of the Claimant's application or correspondence with you but not explained what the purpose of doing so. It looks like you are falling into the same trap as you did with your particulars of claim.

All I can say is good luck.

[horleyox]

R0b,

I posted the 6-point WS for the hearing on here 2 weeks ago. There was one view.

After including their application particulars, i have argued that the application should:

1. Not be considered because CPR39,8 was not complied with:
2. Not be heard because of the CPR3.3 issue; and 3. Is not valid because, by rights they should have applied to appeal, rather than set aside.

In closing, technically if the application had been compliant my claim could have been struck out. Truthfully, my claim remains valid based on the re-amended PoC, and fuller WS and RtoD submitted in September.

horleyox

[horleyox]

Hello R0b,

Some feedback for future reference and for others.

The 7 day time limit associated with CPR 3.5(6)(b) relates to the date the court order was served (plus two business days), not the date the order was made. In my case, the 2 Aug order was served on 13 Aug, so the 20 Aug application made by my defendants' legal representative was valid.

horleyox