CCJ Particulars of claim incoherent

[jaguarsuk]

As she gets fee remission the first claim with the non legal entity bringing a claim should be subject to an application to strike out the claim.

The second is likely to be submit a defence, I’m away at the moment and can’t help with a draft. Other will help.

Finally the issue of a claim would not breach his bail conditions, he has the legal right to bring a claim and it be heard, which can’t be prevented.

However, he can only contact your nieces within the boundaries of the court process and any contact outwoth it should be reported.

[Amethyst]

Sorry been snowed under today .... she's safe so there's no mad panic ( defence is latest 33 days after date of issue ) I'll have a look at potentially strike out application for that first one a bit later - can start looking at and filling out the EX160 forms xxx

[Amethyst]

Strike Application for the first claim - as an idea....input/suggestions welcome as always. Haven't done a draft order as too many options and the court would just draft their own anyway. Have included the bail ref as it shows the claim has been brought in anger rather than any legally sound basis.

You want N244 ( https://assets.publishing.service.go...b_0818.pdf)and the EX160 for the fee remission https://www.gov.uk/government/public...-tribunal-fees

3. What order are you asking the court to make and why ?

(1) The claim be struck out pursuant to CPR 3.4(2) on the grounds that the Claimant's name is incorrect, the statement of case discloses no reasonable grounds for being brought and/or is an abuse of the court's process, or alternatively
(2) Summary judgment be given against the Claimant under CPR 24.2 on the ground that the claim has no real prospect of success and there is no other compelling reason why the case should be disposed of at a trial and
(3) The Claimant should pay the Defendant's costs of these proceedings


4. No
5. Without a hearing
8. District Judge
9. Claimant
10. Witness Statement



Witness Statement to go with the form

Claim Number xxxxxxx

IN THE xxxxxxxxx COUNTY COURT
B E T W E E N: -

Mr 21 Heights

Claimant

and

xxxxxxxxxxxxx

Defendant

____________________________________________
WITNESS STATEMENT of xxxxxxxxxx (Applicant)
_____________________________________________

I, xxxxxxx, of *****address*********, am the Defendant in this case andmake this Witness Statement in support of my application for the claim to be struck out, or alternatively for summary judgment, and will state as follows;

1. The claimant's name is "Mr 21 Heights" which appears to be a typographical error where the name has been replaced with the beginning of the Claimants address. The Claimant therefore is not a legal entity and unable to bring these proceedings.
2. I do not believe an order to rectify this technical error would further the overiding objective.
3. The statement of case states only "L**** C******** took money from my personal account which was not authorised by myself once we had broken up. Thos has been admitted under police review."
4. Therefore the claimant has failed to comply with CPR 16.4.
5. The claim discloses no cause of action.
6. The claim discloses no detail as to the sums claimed.
7. So far as I am able to understand the claim it is denied.
8. The individual who resides at the Claimant's address is currently under Police investigation for x,y,z and part of his bail conditions include that he does not contact me. The claim appears to have been brought in order to circumnavigate these conditions.
9. Therefore I ask that Summary judgment be given against the Claimant under CPR 24.2 on the grounds that the claim has no real prospect of success and there is no other compelling reason why the case should be disposed of at a trial
10. As an alternative to summary judgment, I seek to strike out the Particulars of Claim on the grounds that the statement of case discloses no reasonable grounds for being brought and/or is an abuse of the court's process.

Statement of Truth

I believe the facts stated in this Witness Statement are true.

Full name [………]

[Signature]

Dated: [date]

[Amethyst]

This second claim from the company, trying to decipher the claim is quite difficult so I think definately include in the defence lack of particulars, incoherent, potential strike/order to amend etc.

So questions I think first, then potentially requests for information - it'd have to be part 18 request as there really are no documents mentioned. We don't HAVE to do that though, we could just defend, and leave the court to direct...

POC

Claim F6Xxxxxc
Claimant:
Xxxxx SPECIALISTS ltd
(followed by his address)

Particulars of claim (I have just replaced the name letters with stars)
the grammar and spelling are as per the original document.

"L**** was a director of this company but removed fot taking 10k from the accounts. WE had an agreement her bills and rent would be covered if she kept accounts upto date and correct. She did not leaving the company in dsrepute and struggling. I estimate 2k worth of work was done during that period leaving 8k fraudulently, she has addmitted under caution from the police taking the money. I worked onsite everyday and was due a wage for each day I done aswell as 14K I put in to start the company up which I do not now have.She is a shareholder but not entitle to this money as the company was not in profit."

Thinking this Defence wants to also be a strike or order to properly particularise the claim but let's get the facts together..... so for ease, splitting the particulars into paragraphs...

1: L**** was a director of this company

Paragraph 1 is admitted. The Defendant was a Director of xxxxxxx Specialists Ltd from xxxx 2015 until she resigned in xxxxx due to xxxxxxxxxxxx ???

xxxx Specialists Ltd is a company offering xxxxx services to consumers. The company was incorporated in xxxxxx and Mr xxxxxxxxxxx and the Defendant were Directors.


2: but removed fot[sic] taking 10k from the accounts.

The Defendant was not "removed fot[sic] taking 10k from the accounts". It is denied/admitted that the Defendant took £10k from the company accounts because ......? The Claimant is put to strict proof.


3: WE had an agreement her bills and rent would be covered if she kept accounts upto date and correct. She did not leaving the company in dsrepute and struggling.

No idea.... did she act as accountant for the company? and instead of payment the company paid for her rent and 'bills' ( presumably utilities ?) . What happened with the accounts (or not ) that affected the company reputation etc ?

4: I estimate 2k worth of work was done during that period leaving 8k fraudulently, she has addmitted under caution from the police taking the money.

Ughhhh..... So think he's saying she did work which he has decided is worth £2k but £10k was taken from the accounts ( for rent and bills? ) so he now seems to be claiming only £8k is in dispute ?


5:I worked onsite everyday and was due a wage for each day I done aswell as 14K I put in to start the company up which I do not now have.

What was the site? Was he a labourer ? ( helps to know here what the company did ).... so IF it was say, a landscape gardening business... he put £14k in to pay for equipment/van/set up costs - he did the labouring, and she booked jobs/did accounts/dealt with enquiries type thing? Was he an employee of the Ltd company drawing a wage ( at what rate etc ) or was it a bit more haphazard ? Query how many days he worked that he thinks he wasn't paid for etc.

6: She is a shareholder but not entitle to this money as the company was not in profit.

Is she listed as a shareholder at co house etc. Has she ever claimed she ''took'' the money for her ''share'' etc ? Do the account show the company was not in profit ?