Received a Notice of Intent to Apply for Adjudication

[des8]

With the delays in the court systems it is possible the judge won't even see the papers until shortly before the trial.

Have you complied with the paragraphs in the order dealing with filing of electronic bundles

[Donny462]

Hi des8

Thank you for your reply.

I have made a statement that I wasn't served the papers by the Claimant as detailed in Paragraph 1 a and b, and I have filed my defence.

I am sure that is all I needed to do at this stage and the Claimant has to file his response to my defence by this coming Wednesday 27th October.

I'm not actually sure what filing of electronic bundles means to be honest? I thought it just meant emailing documents in condensed files rather than through the post on individually via email....isn't that what it means?

[des8]

I was making an oblique reference to the sections of the order requiring the claimant to file an agreed electronic bundle.
There will have to be contact between both sides to agree what needs to be filed in court.

You really should have professional advice

[Donny462]

I was making an oblique reference to the sections of the order requiring the claimant to file an agreed electronic bundle.
There will have to be contact between both sides to agree what needs to be filed in court.

You really should have professional advice

I keep saying it, but thank you des8 , your help and advice has been invaluable.

I have an appointment with a Solicitor on 1st NOvember at 3pm, so will let you know how I get on.

In the meantime, the Claimants responses to my Defence were supposed to be served by 4pm today, as of yet, (4.14pm), nothing has arrived.

I will keep you posted .

[Donny462]

des8

Nothing was served by the Claimant today, so once again, he's ignored the Court Order. Could you please tell me if I should be filing something at Court tomorrow to notify them of yet another non compliance by the Claimant?

[des8]

I would wait and ask your solicitor.

[Donny462]

My Solicitor has notified me that he wants a chunk of money up front which I don't have until I get paid on 15th of the month, so I am going to have to put off seeing him until then.

In the meantime, can you please advise me des8 as there's been a major development today in that a Courier has just hand delivered a bundle of documents from the Claimants Solicitor.

Amongst the documents is the Claim Pack and an accompanying letter stating :-

AS SERVICE HAS NOW TAKEN PLACE AS PER PARAGRAPH 4 OF THE COURT ORDER DATED 4TH OCTOBER 2021, WE PROPOSE THAT THE TIME PROVIDED FOR FILING A DEFENCE IS AMENDED TO 4PM ON 11TH NOVEMBER 2021, AND THE TIME FOR THE CLAIMANT TO FILE ANY FURTHER EVIDENCE IN REPLY TO THE DEFENCE IS AMENDED TO 4PM ON 18TH NOVEMBER 2021.

My defence was filed on 20th October as instructed by the Court Order dated 4th October, and the Claimants response to my Defence should have been filed yesterday, yet the Claimants Solicitor is now proposing new dates when I have already abided by the Court Order, can they do this Order? What do you suggest I do?

Also, now I have been served with the Claim Pack, do I have to now complete that and send it back?

It seems to me that the Claimants Solicitor believes they can ignore the Court Order and play by their own rules.

Thank you for any help that you can give me.

[des8]

As they have served out of time you could possibly apply to the court that the statement of claim is struck out (CPR 3 .4(2)(c).and request an adverse costs order.

This would be a follow up to to your invitation to the court to exercise their management powers to strike out.

I would also be considering writing to the solicitors (copy to the court) rejecting the proposal to amend the dates for compliance as you have already filed and served your defence as per court directions.

Be aware the above are just my thoughts and not legal advice
The problem with the court system is it gives no leeway to the litigant in person and if one gets the procedures wrong it can become very expensive, hence my recommendation that one obtains professional advice.

[Donny462]

Thank you so much again for your advice des8

How do I apply to the court to get the statement of claim struck out and get an adverse costs order please?

How can I word it to tie in with my invitation to the court to exercise their management powers to strike out please?

I shall most definitely be writing to the solicitor rejecting her proposals to amend the dates for compliance for the reasons you have mentioned.

I am very grateful for your opinions and do not take them as being legal advice. I am so sorry I keep bothering you but I am literally on my own here trying to sort it all out and wouldn't have a clue without the help of yourself and your colleague's

[des8]

Because applying for a strike has a fee attached & carries possible risks it might be better just to write to the court.

You have already invited the court to use their management powers... this additional information might help without the cost of an application

Advise the court (by email) , further to your earlier email dated dd/mm, that you have now received the claim pack on DD/mm ie x days late
Send a copy of the solicitors email and explain to the court you do not agree with their proposal to amend the dates for serving evidence as you served in accordance with the court directions
Point out the claimant therefor had your defence before preparing the claim pack
Copy in the claimant's solicitor

[Donny462]

Because applying for a strike has a fee attached & carries possible risks it might be better just to write to the court.

You have already invited the court to use their management powers... this additional information might help without the cost of an application

Advise the court (by email) , further to your earlier email dated dd/mm, that you have now received the claim pack on DD/mm ie x days late
Send a copy of the solicitors email and explain to the court you do not agree with their proposal to amend the dates for serving evidence as you served in accordance with the court directions
Point out the claimant therefor had your defence before preparing the claim pack
Copy in the claimant's solicitor

Thank you so much des8 once again. I have done as you suggested, so will just have to wait and see now, but find it incredulous that this solicitor feels she can just ignore not one, but two Court orders and then put forward dates that suit her instead!

One would have to assume that a Solicitor knows what they are doing re dealing with Court paperwork, so it will be interesting to see if she gets away with it

[Donny462]

HI again des8
It has just dawned on me....as the Claimants Solicitor served the Acknowledgement of service and Claim Pack on me on Thursday, do I now have to complete those and send them back within 4 days as was stated on the Court order of 4th October, despite the fact that the Claimants Solicitor has disregarded the other terms of that Court Order, and despite the fact that I filed my Defence on 20th October? Or would completing those and returning those be seen as an acceptance of the Claimants Solicitors amended dates? This is all so confusing.

[Donny462]

Sorry to bother you on a weekend, but please can you advise me as to whether I need to complete and return the Acknowledgement of Service and Claim Pack, as if I do, I will have to have them done and filed at Court by Tuesday at 4pm.

Many thanks.

[Donny462]

des8

[des8]

Yes, respond to them as per the directions, but reiterate in a covering letter that their breach of court orders has been noted.
Their noncompliance doesn't mean you should not comply

(wrote the above yesterday morning shortly before going out for the day, but omitted to post it.. sorry!)