Capquest Summons court claim received - SUCCESS !

[Wally]

Re: Capquest Summons received

HI M1

Thank you for this. They rely and hope that people just ignore the summons and get awarded judgement for doing nothing. I want a hearing just to meet these people. They really need bring down a few pegs. This just makes me so mad. Enough of this manipulation from a disgusting industry who prey on people. How do I fight this. What forms do I fill in. The gloves are truly off now

Wally

[pt2537]

Re: Capquest Summons received

pretty half baked attempt that.

Id lodge a letter with the Court and attach to it a witness statement opposing the application.

Id ask for a hearing in the cover letter, and id set out the reasons for opposing in the statement and set down the chronlogy of events etc. They cant expect to pissaround and get away with it.

[mystery1]

Re: Capquest Summons received

pretty half baked attempt that.

Id lodge a letter with the Court and attach to it a witness statement opposing the application.

Id ask for a hearing in the cover letter, and id set out the reasons for opposing in the statement and set down the chronlogy of events etc. They cant expect to pissaround and get away with it.

I assume you would also be asking how the signor of the particulars of claim could have an honest belief in the truth of some of the statements made without having seen the documents first hand ?

M1

[Wally]

Re: Capquest Summons received

Many thanks again for your feed backs.

This is all new to me. So OK a letter and witness statement.

I am unclear as to a few things.

1. What do I say about opposing the application - Any help please would be very greatfull - I know M1 kindly has given some great examples but I am just unclear how to present them.

2. I did a witness statement for the first hearing so do I just copy and paste that and then add the latest events at the bottom.

3. The solicitor that signed how would I link that to this?

Sorry if I am vague but any hand holding on this would be really apprciated

Wally

[Wally]

Re: Capquest Summons received

Hi again

This is getting even more confusing. I have just received a letter from the court.

I have attached the two documents.

The claiment clearly asked for this not to be heard at a hearing but for some reason it looks as if the Judge has said there must be a hearing. Is that correct.

Maybe some one could explain what has happened here. I requested a hearing and paid £80 and did not get one and the claiment says they do not want a hearing and I assume they pay the £40 and they get one.

Help from the legal Beagles please.

A very confused Wally

Attachments to follow

[Wally]

Re: Capquest Summons received

here you go

Note the date on one of the documents I take it that is just an error from the courts part as the Judge looked at this on the 4/12/2013

[mystery1]

Re: Capquest Summons received

Judges can make these decisions. For your application the Judge would have looked over your application and decided it didn't need a hearing as it was pretty straight forward and the facts were the facts.

Conversely their application hasn't been rubber stamped so the Judge doesn't think it should be rubber stamped. If you're lucky it means the Judge is minded to tell them to bog off rather than the judge just needs to hear both sides.

Are you able to attend ?

M1

[Wally]

Re: Capquest Summons received

yes - but worried about what to say-

Do I need to submit anything to the court

[mystery1]

Re: Capquest Summons received

I don't think you need to but it might be best to.


Headed with claimant-defendant claim number etc

Dear Sir/Madam,

I write to you as a litigant in person and apologise in advance if i make any slight errors in the normal running of a court claim. I am the defendant in this case. I will be opposing the Claimants application for relief from sanctions for their continual breaking of Civil Procedure Rules and court orders. I have enclosed a witness statement, which i will serve on the claimant, to assist with my opposition.

I confirm i will be in attendance for the court date on xxx


Yours etc




Witness statement to follow.

M1

[mystery1]

Re: Capquest Summons received

So your Witness statement.

Copy your first one and add on (not sure what your numbering was so i'll start at 1)

1. On xxx i received a letter from xxx informing me that they would be unable to comply with the order of the court, that they disclose the requested documents or the claim was struck out, and that they would be making a request to get relief from sanctions. Exhibit xxxx

2.Upon researching what this meant i discovered the case of Mitchell MP v News Group Newspapers Ltd [2013] EWCA Civ 1537 which dealt with relief from sanction since the Jackson reforms. Paragraph 41 of the judgement indicates that the claimants failures to have the documents i requested available to comply with pre action protocols, cpr 31.15 and the order of the court are not trivial matters. Exhibit xxxxx http://www.bailii.org/ew/cases/EWCA/Civ/2013/1537.html

3. The pre action protocols at 4.4 The court may decide that there has been a failure of compliance by a party because, for example, that party has – (4) without good reason, not disclosed documents requested to be disclosed. This tells me that the documents should have been available before the claim was lodged. Plainly they were not. This made me curious as to how xxxxxx could sign the statement of truth on the particulars of claim whilst having an honest belief in the truth of them when they had never seen any agreement.



I think that covers the relief from sanctions (mitchell) the cpr non compliance pre action and 31.15 and the court order.

Any other input welcome.

M1

[Gorang]

Re: Capquest Summons received

M1

I have not read Wally's whole thread but one thing that I did wonder about after reading the WS

I assume that its the CCA, DN and NOA that they have not supplied (apologise if I have assumed wrong) so would it be worth also adding sumit about failure to comply with CCA as well, just to add some more failures and non compliance and blatant disregard to laws

I realise that you can't show proof that they don't comply with the Acts (as they have not been supplied) but I did wonder if, as a LIP, could you imply that in any way, and get away with it, JUST so the judge see everything on the one sheet, or would that be pushing it and be too much

Apologies if I have this completely wrong

[mystery1]

Re: Capquest Summons received

M1

I have not read Wally's whole thread but one thing that I did wonder about after reading the WS

I assume that its the CCA, DN and NOA that they have not supplied (apologise if I have assumed wrong) so would it be worth also adding sumit about failure to comply with CCA as well, just to add some more failures and non compliance and blatant disregard to laws

I realise that you can't show proof that they don't comply with the Acts (as they have not been supplied) but I did wonder if, as a LIP, could you imply that in any way, and get away with it, JUST so the judge see everything on the one sheet, or would that be pushing it and be too much

Apologies if I have this completely wrong

The Consumer credit act is nothing to do with disclosure or CPR's.

M1

[Wally]

Re: Capquest Summons received

Dear M1

Many thanks for this. Very clear what to do and thank you again.


1. I have a couple of questions. - Technically the claiment have been able to get an extra 14 days to find the documents for £40 so if I get to court and they say we now have the documents to give and wish to proceed where do I stand on that. Can I build any thing into my statement/request. What would I say or is it just the way it is.

2. Are they able to pull out of the hearing? - Only a wish from me - ie they feel its not worth sending a lawyer to court? If so whats the chances?

3. If the JUdge decides to kick it out what stops them from applying again and going for the whole process again in the future?

Hope these questions are not that daft . - its just to me they seem pretty important.

Many thanks

Wally

[mystery1]

Re: Capquest Summons received

Dear M1

Many thanks for this. Very clear what to do and thank you again.


1. I have a couple of questions. - Technically the claiment have been able to get an extra 14 days to find the documents for £40 so if I get to court and they say we now have the documents to give and wish to proceed where do I stand on that. Can I build any thing into my statement/request. What would I say or is it just the way it is. Pretty much the way it is. The claim should still be struck out as the deadline has passed unless the relief from sanction has been granted.

2. Are they able to pull out of the hearing? - Only a wish from me - ie they feel its not worth sending a lawyer to court? If so whats the chances? Yes, slim

3. If the JUdge decides to kick it out what stops them from applying again and going for the whole process again in the future? http://www.justice.gov.uk/courts/pro...es/part38#38.7 Not much really but they'll know they can't roll you over so would need to get it right to do it again.

Hope these questions are not that daft . - its just to me they seem pretty important.

Many thanks

Wally

If i were you i'd figure out all your costs before you go as if it goes your way you want costs. Anything you've paid stamps, photocopies, phone calls £18 per hour for research and composing any replies considering their letters etc etc

Also take 3 copies of everything with you. Letters, emails, Mitchell case etc etc 1 for you 1 for the judge and 1 for them.

M1

[mystery1]

Re: Capquest Summons received

Hopefully your judge on the 20th is of this breed http://civillitigationbrief.wordpres...elivered-late/

M1