Received a Notice of Intent to Apply for Adjudication

[des8]

I would start with a statement that the claimant hasn't complied and invite the court to exercise their powers.

No need to ask the claimant anything.
File your response with the court, and serve a copy on claimant ...... and hope!

[Donny462]

des8 thank you so much.

So I write that first, then my defence, anything else?

Also, can you tell me if I have to put it on a special form please?

Thank you

[des8]

No special form but set out in numbered paragraphs etc as normal

[Donny462]

Brilliant. Thank you, you are a life save once again!

[Donny462]

Hi des8

Just one more question if you don't mind, when I am doing my defence, has it to just be about the fact that the Adjudicator had no jurisdiction, and why he had no jurisdiction, or do I need to go into the Claimants professional incompetence, neglect etc?

Thanking you in anticipation.

[des8]

I haven't read back, but your defence is as i remember that the adjudicator had no jurisdiction and why. Without jurisdiction he cannot adjudicate.

The fact he was an incompetent twit doesn't affect that

[Donny462]

Oh that made me giggle des8 , yes he certainly was an incompetent twit

Yes, you remember correctly, my case is that the adjudicator had no jurisdiction

Many thanks again, I really am so grateful.

I will let you know the outcome, keep your fingers crossed for me please.

[Donny462]

Hi des8

I am currently sorting all my paperwork ready to send to the Court, and upon re-reading the amended Court Order, I have scrolled to the bottom and noticed that the details have been cc`d to myself, and also a firm of solicitors, but not to the Claimant. The email itself only shows it was emailed to myself, and not to the Claimant or the firm of Solicitors. I assume that the firm of solicitors are representing the Claimant, yet noone has informed me that the Claimant is being represented by this firm of solicitors, surely this can`t be right? Obviously the firm of solicitors have informed the Court that they are representing the Claimant, but they haven`t informed me.

[des8]

You are correct.
If a party has been acting as a litigant in person and then appoints a solicitor must file at court and serve on the other party notice of the change.
In your response to the court mention you have noticed at the foot of the Order the copy to the solicitors.
tell them as you had not been notified you believe they are in breach of CPR 42.2

It won't make any practical difference, but is a small indication to the court that they don't follow the rules

[Donny462]

You are correct.
If a party has been acting as a litigant in person and then appoints a solicitor must file at court and serve on the other party notice of the change.
In your response to the court mention you have noticed at the foot of the Order the copy to the solicitors.
tell them as you had not been notified you believe they are in breach of CPR 42.2

It won't make any practical difference, but is a small indication to the court that they don't follow the rules

I have just finished getting everything ready to be emailed to the Court tomorrow, so apologies for my late response.

It really is too bad of the Claimants Solicitor as that Court Order showing she`d been copied on it was dated 4th October, so she`s had 16 days to serve me with papers but has done nothing...I can`t help but think there is going to be a sting in the tail and that tomorrow, knowing its the date for my defence to be in, that they will serve me with a Summary Judgement or something equally nasty, as I don`t see why else they haven`t abided by the Court Orders.

Anyway, once again, thank you for your invaluable advice as I would quite simply have been lost without you. Thank you.

[Donny462]

Hi des8

Well the day after I had to have my defence filed with the Court, the Claimant has chosen to notify me that his solicitors are dealing with the matter. He has sent me two emails this morning, which are as follows:-

Dear Ms ********

You should be aware that Lawsons solicitors have been dealing with this matter from the outset and that you should not address correspondence to this company but to Lawsons.

If you are unsure of how to deal with this matter then you should take legal advice.

Regards


Dear Ms ********

Please correspond with *******


Regards

I have not responded to him as yet, should I respond to him? .

Also, I am unsure whether I should now send a copy of my Defence to the solicitors as well as having sent it to the Claimant yesterday? Please can you advise me ?

Thank you for your help.

[des8]

having belatedly advised you that he is now represented, I would send a copy of your defence to the solicitor.
A covering letter advising them you were surprised to be told about the representation at the 11th hour will be enough

[Donny462]

having belatedly advised you that he is now represented, I would send a copy of your defence to the solicitor.
A covering letter advising them you were surprised to be told about the representation at the 11th hour will be enough

Thank you des8 I actually cc`d the Solicitor on 20th October when I sent my Defence to the Court, obviously I wasn`t sure who they were at that stage, but as the Court had shown them to be cc`d in their most recent response to myself, I cc`d them too as I assumed it must be the Claimants Solicitor as the Court hadn`t cc`d the Claimant this time, but the Solicitor instead - hope that makes sense to you?

Do you think I should reply to the Claimants email to myself and cc the Court in it? I`d love to be able to tell him that it`s clear he`s up to his lies and tricks again, though obviously I can`t say that and would keep it professional and not call him the little weasel that he is

[des8]

I wouldn't bother contacting the claimant, but it is up to you

[Donny462]

I wouldn't bother contacting the claimant, but it is up to you

Hi des8
I took your good advice and decided against contacting the Claimant.

If the judge decides to throw the complaint out for non compliance of the Claimant, (fingers crossed), at what stage would that normally happen please? The Claimant has to have his responses to my defence in by this Wednesday, 27th October, I`m just wondering whether you would know if the judge would make his decision prior to that, or if he will wait until all documentation is in please?