Claim Form Received - BW Legal / Lowell / Littlewoods - STRUCK OUT !!

[2719rt]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

Please find below a draft of my draft order

Date

In the Northampton (CCBC) County Court

Claim Number: XXXX

Between:

BW Legal (Claimant)

-And-

Me (Defendant)


Draft Order for Directions

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

· Copies of the Credit Agreement and any documents referred to within it which the claimant seeks to rely upon
· Default Notice
· Notice of assignment

If the Claimant fails to comply with this order, the claim will be struck out without further order.

The Defendant shall within 14 days thereafter file and serve the following:

· A defence sufficiently particularised in response to the documents supplied by the claimant

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

[mystery1]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

Please find below a draft of my witness statement, for comments/suggestions. Many thanks in advance.

Witness Statement


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

2. I make this Witness Statement in support of my application for an order (draft of which attached) that the Claimant do provide me with documents mentioned within the statement of case pursuant to CPR 31.14.

3. On 16th December 2013 I have sent to Claimant’s legal representative BW Legal a letter requesting, under CPR 31.14, all documents mentioned in the particulars of claim (Exhibit 2).

4. The request was sent via Royal mail next day delivery (Exhibit 3) and it was delivered to and signed for at the legal representative office in Leeds on 18th December 2013 (Exhibit 4).

5. Having not had a reply, on 24th December 2013, I called and spoke to the Claimant’s legal representative BW Legal (NAME OF PERSON I SPOKE TO?) to check the status of my request. (NAME OF PERSON I SPOKE TO) agreed to extend the filing date till 17th January 2014 (Exhibit 5).

6. Since there was no clarity given as to the requested documents, I called again on 10th December 2013 and spoke to (NAME OF PERSON I SPOKE TO) for confirmation. XXX Informed me that there was an oversight and that nothing was done about my letter since they signed for it on the 18^th December 2013 (Exhibit 6).

7. On 10th December 2013, I e-mailed the Claimant’s legal representative BW Legal (NAME OF PERSON I SPOKE TO) to discuss extending the filing date till 31st January 2014 (Exhibit 14) as they had no clear idea on when they would have the requested documents following the oversight in which nothing had been done with my request since they received it on 18^th December 2014. (NAME OF PERSON) replied acknowledging the delay with paperwork and extending the filing date till 31st January 2014.

8. Having had no reply I emailed (NAME OF PERSON) again on 22nd January 2014 (Exhibit 15) and 24th January 2014 for clarification on the requested documents. I received no replied to either of these e-mails.

9. Till this day, the Claimant and their legal representative have so far ignored this request and no communication as regards to the reason for neither the delay nor a date given as to when I should be expecting to receive the relevant documents.

10. The Claimant and their representative have shown clear disregard of CPR31.15 which clearly stated that;
Where a party has a right to inspect a document –
(a) that party must give the party who disclosed the document written notice of his wish to inspect it;
(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and
(c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.

11. 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.”

12. Statement of Truth:

I, XXXX, the Defendant, believe the facts stated within this Witness Statement to be true.

Signed:

Dated:


NOTE: I am still organising my Exhibits so the numbers above are all wrong.

Taking the witness statement in isolation. Did they issue a claim against you ? :whistle:

Number 5 is out of order. 24th December is after 10th December.

Your witness statement reads like you are out of time. as the deadline appears to be 17th January. What is a filing date ?

M1

[mystery1]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

Please find below a draft of my draft order

Date

In the Northampton (CCBC) County Court

Claim Number: XXXX

Between:

BW Legal (Claimant)

-And-

Me (Defendant)


Draft Order for Directions

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

· Copies of the Credit Agreement and any documents referred to within it which the claimant seeks to rely upon
· Default Notice
· Notice of assignment

If the Claimant fails to comply with this order, the claim will be struck out without further order.

The Defendant shall within 14 days thereafter file and serve the following:

· A defence sufficiently particularised in response to the documents supplied by the claimant

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

Before District Judge Sitting at the Northampton County Court CC BC, 4th floor, St Katharine's House, 21-27 St Katharine's Street, Northampton Northamptonshire, NN1 2LH, on the day of 2014


UPON reading the Defendant’s Application Notice dated
And


UPON the Court noting that the Claimant remains in breach of the Civil Procedure Rules Pre Action Protocol Practice Direction and CPR Rule 31.14.



IT IS ORDERED THAT:

1. The Claimant shall provide the Defendant a copy of the contract, a copy of the default notice, a copy of the assignment all referred to within the particulars of claim by 4pm on 2014 (28 days from the date of the order) 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 2014. (28 days after compliance with para 1)
3. The Claimant do pay the Defendant’s costs to be assessed if not agreed

DATED. Day of 2014


M1

[2719rt]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

Hi M1 I am just trying to work through your replies now. I felt it important to quickly send you a message about the filing a defence. It was extended until 31st January... as shown in point 7.

replied acknowledging the delay with paperwork and extending the filing date till 31st January 2014.

[2719rt]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

Number 5 is out of order. 24th December is after 10th December.

M1

It is supposed to say 10th January not December. THANK YOU!

[mystery1]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

Hi M1 I am just trying to work through your replies now. I felt it important to quickly send you a message about the filing a defence. It was extended until 31st January... as shown in point 7.

replied acknowledging the delay with paperwork and extending the filing date till 31st January 2014.

M1

[2719rt]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

AMENDED DATES

Witness Statement


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

2. I make this Witness Statement in support of my application for an order (draft of which attached) that the Claimant do provide me with documents mentioned within the statement of case pursuant to CPR 31.14.

3. On 16th December 2013 I have sent to Claimant’s legal representative BW Legal a letter requesting, under CPR 31.14, all documents mentioned in the particulars of claim (Exhibit 2).

4. The request was sent via Royal mail next day delivery (Exhibit 3) and it was delivered to and signed for at the legal representative office in Leeds on 18th December 2013 (Exhibit 4).

5. Having not had a reply, on 24th December 2013, I called and spoke to the Claimant’s legal representative BW Legal (NAME OF PERSON I SPOKE TO?) to check the status of my request. (NAME OF PERSON I SPOKE TO) agreed to extend the filing date till 17th January 2014 (Exhibit 5).

6. Since there was no clarity given as to the requested documents, I called again on 10th January 2014 and spoke to (NAME OF PERSON I SPOKE TO) for confirmation. XXX Informed me that there was an oversight and that nothing was done about my letter since they signed for it on the 18^th December 2013 (Exhibit 6).

8. On 10th January 2013, I e-mailed the Claimant’s legal representative BW Legal (NAME OF PERSON I SPOKE TO) to discuss extending the filing date till 31st January 2014 (Exhibit 14) as they had no clear idea on when they would have the requested documents following the oversight in which nothing had been done with my request since they received it on 18^th December 2014. (NAME OF PERSON) replied acknowledging the delay with paperwork and extending the filing date till 31st January 2014.

9. Having had no reply I emailed (NAME OF PERSON) again on 22nd January 2014 (Exhibit 15) and 24th January 2014 for clarification on the requested documents. I received no replied to either of these e-mails.

10. Till this day, the Claimant and their legal representative have so far ignored this request and no communication as regards to the reason for neither the delay nor a date given as to when I should be expecting to receive the relevant documents.

11. The Claimant and their representative have shown clear disregard of CPR31.15 which clearly stated that;

Where a party has a right to inspect a document –
(a) that party must give the party who disclosed the document written notice of his wish to inspect it;
(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and
(c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.

12. 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.”

14. Statement of Truth:

I, XXXX, the Defendant, believe the facts stated within this Witness Statement to be true.

Signed:

Dated:

[2719rt]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

Taking the witness statement in isolation. Did they issue a claim against you ? :whistle:

M1

Sorry M1 I just don't understand this, I can assure you I have tried! I think my brain is fried!!!

[mystery1]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

Sorry M1 I just don't understand this, I can assure you I have tried! I think my brain is fried!!!

Your witness statement doesn't tell the reader that a claim was issued. It might not matter much but it should be there.

agreed to extend the filing date for my defence till 17th January 2014 (Exhibit 5).


M1

[2719rt]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

Before District Judge Sitting at the Northampton County Court CC BC, 4th floor, St Katharine's House, 21-27 St Katharine's Street, Northampton Northamptonshire, NN1 2LH, on the day of 2014


UPON reading the Defendant’s Application Notice dated
And


UPON the Court noting that the Claimant remains in breach of the Civil Procedure Rules Pre Action Protocol Practice Direction and CPR Rule 31.14.



IT IS ORDERED THAT:

1. The Claimant shall provide the Defendant a copy of the contract, a copy of the default notice, a copy of the assignment all referred to within the particulars of claim by 4pm on 2014 (28 days from the date of the order) 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 2014. (28 days after compliance with para 1)
3. The Claimant do pay the Defendant’s costs to be assessed if not agreed

DATED. Day of 2014


M1

This looks good M1 but I am out of my depth trying to understand what dates I should put into it to make it relevant. How do I know what dates to use? Also it is unlike any other I have seen on the threads I'm using for reference so I have not been able to find this out myself.

I note that it says they have 28 days whereas the others I have seen say 14 days

THANK YOU!

[mystery1]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

This looks good M1 but I am out of my depth trying to understand what dates I should put into it to make it relevant. How do I know what dates to use? Also it is unlike any other I have seen on the threads I'm using for reference so I have not been able to find this out myself.

I note that it says they have 28 days whereas the others I have seen say 14 days

THANK YOU!

The judge will set the dates. You don't know when it'll be heard so you can't know what the actual dates will be. I imagine the reason is that the court will be more receptive.

I stole it from http://www.legalbeagles.info/forums/...ht=#post402292 and PT is where i steal most of my advice from.

M1

[2719rt]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

Your witness statement doesn't tell the reader that a claim was issued. It might not matter much but it should be there.

M1

3. On 16th December 2013 I have sent to Claimant’s legal representative BW Legal a letter requesting, under CPR 31.14, all documents mentioned in the particulars of claim (Exhibit 2) after being issued with a Claim Form on the 29^th November 2014 by the Claimant.

Does that work? Or should it be a new point, and the second thing I mention (point 2).

Any help is so appreciated. I know it is getting a bit messy with all these questions floating around.

[mystery1]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

I put it at point 2 myself.

In all honesty it might not matter much but if you make it easy on the eye a judge will find it infinitely more palatable. You always want the judge on your side. If they are disagreeable grumpy old barstewards they might warm to you if you make their life easier. That's how i see it.

M1

[2719rt]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

Another question. On the N224 form at 10. it says What information will you be relying on...

I select the attached Witness Statement

THEN... Do I write in the big box below anything such as Exhibit 1 and is a witness statement an exhibit. How does the court *when I e-mail all this in) know which file is my Witness Statement, Is it a case of calling the Document 'Witness Statement' or do the attachments need to be called Exhibits.

[mystery1]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

In box 10 " see attached witness statements.

I'd label them exhibit1 etc.

When they open your witness statement it should say it's a witness statement http://www.ipo.gov.uk/hearings-ch3annex1.pdf

M1