Court claim STRUCK OUT ! Marlin / Mortimer Clarke re: old EGG debt

[mystery1]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Apologies for the lateness in replying

had some work to finish off and then I wanted to read through everything again

Draft application attached with some queries on a few points I'm not sure about. I hope it's not too bad

Also, does it matter that in the CPR request I asked for documents that were not mentioned in the POC which did seem vague to me?

I've checked on the remission of fees and unfortunately I do not qualify

Settling is not an option - I rely on a considerable overdraft limit to get by every month and there is nothing to spare in my budget at all

Have I covered all documents I need to?

I am intending to email the application to the court by about 3pm tomorrow at the latest? Is there a particular subject heading for the email I need to use?

I'll need to phone the court to make payment, so will confirm with them that the application has been received

Sorry for all the questions, but I want to be thorough and ensure I have done everything right

The application is made because of the Claimant's refusal to comply with the Defendant's
CPR 31.14 request and the documents are required to enable the proper preparation of a Defence.




In box 10 i'd writee see witness statement. I would then do a witness statement.

The witness statement should tell the story. See http://www.legalbeagles.info/forums/...263#post402263 for an idea of what to do. Number 5 there is essential (doesn't have to be number 5 on yours though.) Mention all calls even those you mentioned previously for the extension.


Your draft order should be http://www.legalbeagles.info/forums/...292#post402292

M1

[pikachu]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Thanks M1

I was considering a witness statement instead of completing box 10, so have it somewhat mentally prepared and will put something together and post as soon as I can

So the draft order would be

IT IS ORDERED THAT:

1. The Claimant shall provide the Defendant a copy of the contract referred to within the particulars of claim by 4pm on 13/2/2013 (still not clear whether this is days or working days) If the Claimant breaches this paragraph then the Claimants claim shall stand struck out.
2. Upon the Claimant complying with paragraph 1 the Defendant shall file and serve a Defence by 4pm on 2013. (28 days after compliance with para 1)
3. The Claimant do pay the Defendant’s costs to be assessed if not agreed

Or do I just leave the specific date blank and only put the year

[pikachu]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

First attempt

1. I pikachu of xxxxx being the Defendant, am a litigant in person in this case.

2. I sent a request pursuant to CPR 31.14 to the Claimant on 25/11/2013. Exhibit 1

3 The Claimant received this request on xxxx as per the Royal Mail tracking Exhibit 2
(this is dependant on whether it is still on the RM tracking system which I will check
later)

4 After the deadline of 7 days in CPR 31.15, I contacted the Claimant by phone. A
transcript of the phone call is attached with this application Exhibit 3

5 On xxxx 2013, after receiving nothing in writing from the Claimant in regards to my
request to be given an extension to file my defence, I contacted the Claimant by phone
again. A transcript of the call is attached with this application exhibit 4

6 On xxxx 2013, I received an email from the Claimant with a letter confirming agreement
to a 28 day extension to file my defence Exhibit 5

7 On 14/1/2014 I received a letter from the Claimant in response to the request pursuant
to CPR 31.14 I sent to the Claimant Exhibit 6

8 As referred to in the letter from the Claimant, Exhibit 6, 3 documents were included
Exhibit 7, Exhibit 8 and Exhibit 9

Do I need to put something here about there being no singed copy of the agreement?

9 I also refer to the ruling of Rix LJ in Expandable v Rubin [2008] EWCA Civ 59 (at
paragraph 24)
“The general ethos of the CPR is for a more cards on the table approach to litigation. If
a party thinks it worthwhile to mention a document in his pleadings, witness statements
or affidavits, I do not see why, subject as I say to the question of privilege, the court
should put difficulties in the way of inspection. I look upon the mention of a document
in pleadings etc as a form of disclosure. The document in question has not been disclosed
by list, or at any rate not yet, but it has been disclosed by mention in what, for the
purposes of litigation, is another important and formal category of documents. If so,
then the party deploying that document by its mention should in principle be prepared to
be required to permit its inspection, and the other party should be entitled to its
inspection.”

10 The CPR 31.14 is outstanding to this date and the Defendant , having given the
claimant every opportunity to comply, has no choice but to apply to the court in order to
force the claimant to comply with the CPRs.

11 Statement of Truth:
I, pikachu, the Defendant, believe the facts stated within this Witness Statement

Signed

Dated

[mystery1]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Do I need to put something here about there being no singed copy of the agreement?

It matters not for these purposes that the agreement is signed or not.

8 As referred to in the letter from the Claimant, Exhibit 6, 3 documents were included
Exhibit 7, Exhibit 8 and Exhibit 9 only one of which were requested by the defendant that being the notice of assignment. The default notice and agreement, as of yet, have not been provided.

M1

[pikachu]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Court only takes payments between 9am and 3:15pm, so I missed being able to pay the fees yesterday. Have arranged for callback this morning
Contacted MC and told then I was submitting N244 unless order and they have agreed to give me a couple of extra days. They were surprised about the restricted hours for taking payments.
I followed up the phone call with an email to MC confirming the telephone conversation

Really hope this does not screw things up

[mystery1]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Court only takes payments between 9am and 3:15pm, so I missed being able to pay the fees yesterday. Have arranged for callback this morning
Contacted MC and told then I was submitting N244 unless order and they have agreed to give me a couple of extra days. They were surprised about the restricted hours for taking payments.
I followed up the phone call with an email to MC confirming the telephone conversation

Really hope this does not screw things up

Honestly ? After the Jackson reforms and Mitchell case it could seriously bite you in the backside, i don't think it will as the claimant has agreed so in essence they won't apply for default judgement. It is never a good idea to miss a deadline. Having said that, there is no deadline for the unless order and that side of it won't be an issue. There is also the fact that the court refused to take payment inside the time making your failure one of form rather than substance. You also have the failure of the claimant to comply with 31.15 and the fact the particulars of claim cannot be used either so it should all be fine.

Do not miss deadlines or even cut it so fine again. It's like sticking your head in a noose and waiting for someone to kick away the chair.

M1

[pikachu]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

It certainly wasn't my intention to miss the deadline

I'm working full time and was asked to do something as a priority yesterday by management. I explained I needed to do this, but was told I had to do the work I was given as a priority

The last thing I need is to be out of work

[mystery1]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

It certainly wasn't my intention to miss the deadline

I'm working full time and was asked to do something as a priority yesterday by management. I explained I needed to do this, but was told I had to do the work I was given as a priority

The last thing I need is to be out of work

I understand. Just making you aware of the issues. If you do things, or plan to do things, earlier than the last 1/2 days then any work stuff like that isn't much of an issue :okay:

M1

[pikachu]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

I received a letter today from Northampton County Court confirming transfer of proceedings to local county court "as the defendant wants to strike out the claim"

Have also been doing a little reading / research and watched Dispatches featuring Marlin / MC which was very interesting

As this is fast track, I'm guessing things will progress very quickly

[mystery1]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

I received a letter today from Northampton County Court confirming transfer of proceedings to local county court "as the defendant wants to strike out the claim"

Have also been doing a little reading / research and watched Dispatches featuring Marlin / MC which was very interesting

As this is fast track, I'm guessing things will progress very quickly

Reasonably so.

Will you be ok with presenting this in court yourself ?

M1

[pikachu]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

I'm not sure I have the confidence to represent myself in court, however this would be dependant on how much preparation I can manage in advance. Given enough support beforehand, I could probably manage it and I get the impression the hearing will not take long. It's likely to be a case of knowing what I need to say, but it all coming out wrong due to nerves

I have a couple of sources of legal advice other than CAB, but it really is just advice as far as I'm aware - will investigate further

Time off will be difficult, but not completely impossible under the circumstances

[mystery1]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

It may be worth having a chat with http://www.qualitysolicitors.com/how...le/paul-tilley to see if he can help out on a professional basis. Initial contact is free. http://www.qualitysolicitors.com/how...e/kate-briscoe works with him. Both site team here.

If they can't help for any reason we'll muddle by.

M1

[pikachu]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Received a letter from local county court on Friday

I cannot scan at the moment, so have typed it out below

To Claimant

WARNING - YOU MUST COMPLY WITH THE TERMS IMPOSED UPON YOU BY THIS ORDER OTHERWISE YOUR CASE IS LIABLE TO BE STRUCK OUT OR SOME OTHER SANCTION IMPOSED. IF YOU CANNOT COMPLY YOU ARE EXPECTED TO MAKE ANY FORMAL APPLICATION TO THE COURT BEFORE ANY DEADLINE IMPOSED UPON YOU EXPIRES

Before District Judge Cridge sitting at Bow County Court, 96 Romford Road, Stratford, London, E15 4EG

Upon reading the Defendants application dated 16 January 2014

IT IS ORDERED THAT

1. The Claimant, in accordance with CPR PD 16.7.3, must by 14 February 2014 serve on the Defendant and file at court a copy of the agreement referred to in the particulars of claim. If the Claimant fails to comply with this order its claim eb (sic) struck out

2 Defendant do file her defence by 14 March 2014 if the Claimant has complied with paragraph 1 of this order

3. Claimant do pay the Defendant's costs of the application, to be assessed if not agreed

4. Either party may rely to set this aside within 7 days of it being served upon them as it was not made at a hearing

Dated 28 January 2014

[mystery1]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Received a letter from local county court on Friday

I cannot scan at the moment, so have typed it out below

To Claimant

WARNING - YOU MUST COMPLY WITH THE TERMS IMPOSED UPON YOU BY THIS ORDER OTHERWISE YOUR CASE IS LIABLE TO BE STRUCK OUT OR SOME OTHER SANCTION IMPOSED. IF YOU CANNOT COMPLY YOU ARE EXPECTED TO MAKE ANY FORMAL APPLICATION TO THE COURT BEFORE ANY DEADLINE IMPOSED UPON YOU EXPIRES

Before District Judge Cridge sitting at Bow County Court, 96 Romford Road, Stratford, London, E15 4EG

Upon reading the Defendants application dated 16 January 2014

IT IS ORDERED THAT

1. The Claimant, in accordance with CPR PD 16.7.3, must by 14 February 2014 serve on the Defendant and file at court a copy of the agreement referred to in the particulars of claim. If the Claimant fails to comply with this order its claim eb (sic) struck out

2 Defendant do file her defence by 14 March 2014 if the Claimant has complied with paragraph 1 of this order

3. Claimant do pay the Defendant's costs of the application, to be assessed if not agreed

4. Either party may rely to set this aside within 7 days of it being served upon them as it was not made at a hearing

Dated 28 January 2014

Fingers crossed that they don't comply, it's always nice when a judge decides not to waste time when they agree with you and just order it without an appearance.



M1

[pikachu]

Re: Court claim received from Marlin / Mortimer Clarke re: old EGG debt

Thanks M1

I certainly hope that's the case