Defamation Claim Help

[Riannabri]

I was unable to reply to the initial thread (as at the bottom of this thread) so am hoping for more input. I did as suggested and wrote to the claimant and contacted moneyclaim.gov who were useless although the claimant states she has now written to the court stating the following and I am Lost - Where do I turn and how do I reply?

I am unsure even how to have the claim struck out

Letter/Email from Claimant

Dear Madam
Thank you for your recent correspondence.

I am writing to confirm that I have absolutely no objection to this matter being transferred to the HIgh Court, but would remind you of the costs implication of this matter proceeding through the multi-track in the High Court in the event that your defence is unsuccessful.

I have written to the Court confirming that I have no objection to this matter being transferred to the High Court but pointing out that I do not think that this matter merits the time and costs that would be placed on the High Court in dealing with this matter. I believe my argument is supported by the Civil Procedure Rules that deal with the Court's overriding objective as follows:-

‘(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly and at proportionate cost.

(2) Dealing with a case justly and at proportionate cost includes, so far as is practicable—

(a) ensuring that the parties are on an equal footing;

(b) saving expense;

(c) dealing with the case in ways which are proportionate—

(i) to the amount of money involved;

(ii) to the importance of the case;

(iii) to the complexity of the issues; and

(iv) to the financial position of each party;

(d) ensuring that it is dealt with expeditiously and fairly;

(e) allotting to it an appropriate share of the court's resources, while taking into account the need to allot resources to other cases; and

(f) enforcing compliance with rules, practice directions and orders.

I would particularly refer you to the (e) which states "allotting to it an appropriate share of the court's resources, while taking into account the need to allot resources to other cases;" and taking into consideration the pressures on the Court at the present time I do not consider that this is matter that needs to be dealt with in the High Court but this is of course a matter for the Judge and it will be for him/her to make that decision.

With regard to your seeking to strike this matter out I confirm that as I have stated clearly in this correspondence that I have no issue at all with this matter being transferred to the High Court I will of course bring this letter to the attention of the Court if you seek to recover your costs in respect of any such application, which in all the circumstances I will oppose.

Yours faithfully

Defamation Claim

23rd September 2020, 09:00:AM
I have received a Money Claim for Defamation through moneyclaims.service.gov.uk for £5,500. I have evidence to enable me to deny or Counterclaim although my understanding was Moneyclaim.gov can not be used for Defamation/Libel/Slader and that its a High court process?
T

EXC

23rd September 2020, 09:16:AM
Correct, at least not without the written consent of both parties.

See CPR 2.9 (1) https://www.justice.gov.uk/courts/pr...t07/pd_part07a

The problem with it is that nobody at Moneyclaim Online vets the claims so you need to write to the claimant and tell them to discontinue the claim, otherwise you'll apply to have the claim struck out and hold him liable for the £255 application fee.

[EXC]

Well the claimant can't just write to the court and ask them to transfer the case, they would have to make a formal application by filing an N244 form and pay the £255 application fee. The claimant clearly doesn't understand the basics of the court process.

I think it's doubtful that even if the claimant filed an application to transfer the case to the High Court, that it would succeed. The CPR is quite clear that ''proceedings may not be started in the County Court unless the parties have agreed otherwise in writing'', so really there are no valid proceedings to transfer.

I would either hang on and see what happens or you could apply to have the case struck out now. If so it would be helpful to see a copy of the claim as it may throw up additional grounds to strike out. By all means send it to me at nick@legalbeaglesgroup.com

Have you received an Acknowledgement of Service form from the court yet?

[Riannabri]

I was unable to reply to the initial thread (as at the bottom of this thread) so am hoping for more input. I did as suggested and wrote to the claimant and contacted moneyclaim.gov who were useless although the claimant states she has now written to the court stating the following and I am Lost - Where do I turn and how do I reply?

I am unsure even how to have the claim struck out

Letter/Email from Claimant

Dear Madam
Thank you for your recent correspondence.

I am writing to confirm that I have absolutely no objection to this matter being transferred to the HIgh Court, but would remind you of the costs implication of this matter proceeding through the multi-track in the High Court in the event that your defence is unsuccessful.

I have written to the Court confirming that I have no objection to this matter being transferred to the High Court but pointing out that I do not think that this matter merits the time and costs that would be placed on the High Court in dealing with this matter. I believe my argument is supported by the Civil Procedure Rules that deal with the Court's overriding objective as follows:-

‘(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly and at proportionate cost.

(2) Dealing with a case justly and at proportionate cost includes, so far as is practicable—

(a) ensuring that the parties are on an equal footing;

(b) saving expense;

(c) dealing with the case in ways which are proportionate—

(i) to the amount of money involved;

(ii) to the importance of the case;

(iii) to the complexity of the issues; and

(iv) to the financial position of each party;

(d) ensuring that it is dealt with expeditiously and fairly;

(e) allotting to it an appropriate share of the court's resources, while taking into account the need to allot resources to other cases; and

(f) enforcing compliance with rules, practice directions and orders.

I would particularly refer you to the (e) which states "allotting to it an appropriate share of the court's resources, while taking into account the need to allot resources to other cases;" and taking into consideration the pressures on the Court at the present time I do not consider that this is matter that needs to be dealt with in the High Court but this is of course a matter for the Judge and it will be for him/her to make that decision.

With regard to your seeking to strike this matter out I confirm that as I have stated clearly in this correspondence that I have no issue at all with this matter being transferred to the High Court I will of course bring this letter to the attention of the Court if you seek to recover your costs in respect of any such application, which in all the circumstances I will oppose.

Yours faithfully

Defamation Claim

23rd September 2020, 09:00:AM
I have received a Money Claim for Defamation through moneyclaims.service.gov.uk for £5,500. I have evidence to enable me to deny or Counterclaim although my understanding was Moneyclaim.gov can not be used for Defamation/Libel/Slader and that its a High court process?
T

EXC

23rd September 2020, 09:16:AM
Correct, at least not without the written consent of both parties.

See CPR 2.9 (1) https://www.justice.gov.uk/courts/pr...t07/pd_part07a

The problem with it is that nobody at Moneyclaim Online vets the claims so you need to write to the claimant and tell them to discontinue the claim, otherwise you'll apply to have the claim struck out and hold him liable for the £255 application fee.

Thank you SO much

[EXC]

Hiya

Before we can advise further we need to know what stage you're at in the process.

1) What date did you receive the claim?
2) Have you acknowledged the claim? (You have 14 days to do that from the date you received the claim). You should tick the box that says you are going to defend the claim in full and don't tick the box that asks if you're going to contest the jurisdiction.

Once you've acknowledged the claim this extends the time you have to file your defence to 28 days from when you received the claim. In the meantime we can work on your strike out application.

The strike out application consists of 3 components - an N244 form https://assets.publishing.service.go...4_web_0818.pdf , a witness statement detailing what you're applying for and why, and a draft order which is what you want the court to issue.

Depending on what the claimant's particulars of claim say your witness statement will look something like this:


draft ws3.JPG



However I need to see the claim if you could email it too me.

Also it's unclear exactly what the claimant sent to the court when he told you he wrote to them so you need to respond to him and inform him that he's required to give you a copy of it and you want it ASAP.

[EXC]

I'm really confused as to what's gone on here. So I can understand can you answer/send me the following please:


1) How and when were you first aware that there was a claim issued against you?

2) Can you forward me the email from Moneyclaim Online where they said there was a glitch?

3) Can you forward me the claim that they emailed with any attachments?

4) On what date did you first see the claim?

[Riannabri]

I was unable to reply to the initial thread (as at the bottom of this thread) so am hoping for more input. I did as suggested and wrote to the claimant and contacted moneyclaim.gov who were useless although the claimant states she has now written to the court stating the following and I am Lost - Where do I turn and how do I reply?
I am unsure even how to have the claim struck out
Letter/Email from Claimant
Dear Madam
Thank you for your recent correspondence.
I am writing to confirm that I have absolutely no objection to this matter being transferred to the HIgh Court, but would remind you of the costs implication of this matter proceeding through the multi-track in the High Court in the event that your defence is unsuccessful.
I have written to the Court confirming that I have no objection to this matter being transferred to the High Court but pointing out that I do not think that this matter merits the time and costs that would be placed on the High Court in dealing with this matter. I believe my argument is supported by the Civil Procedure Rules that deal with the Court's overriding objective as follows:-

‘(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly and at proportionate cost.
(2) Dealing with a case justly and at proportionate cost includes, so far as is practicable—
(a) ensuring that the parties are on an equal footing;
(b) saving expense;
(c) dealing with the case in ways which are proportionate—
(i) to the amount of money involved;
(ii) to the importance of the case;
(iii) to the complexity of the issues; and
(iv) to the financial position of each party;
(d) ensuring that it is dealt with expeditiously and fairly;
(e) allotting to it an appropriate share of the court's resources, while taking into account the need to allot resources to other cases; and
(f) enforcing compliance with rules, practice directions and orders.
I would particularly refer you to the (e) which states "allotting to it an appropriate share of the court's resources, while taking into account the need to allot resources to other cases;" and taking into consideration the pressures on the Court at the present time I do not consider that this is matter that needs to be dealt with in the High Court but this is of course a matter for the Judge and it will be for him/her to make that decision.
With regard to your seeking to strike this matter out I confirm that as I have stated clearly in this correspondence that I have no issue at all with this matter being transferred to the High Court I will of course bring this letter to the attention of the Court if you seek to recover your costs in respect of any such application, which in all the circumstances I will oppose.
Yours faithfully

Defamation Claim

23rd September 2020, 09:00:AM
I have received a Money Claim for Defamation through moneyclaims.service.gov.uk for £5,500. I have evidence to enable me to deny or Counterclaim although my understanding was Moneyclaim.gov can not be used for Defamation/Libel/Slader and that its a High court process?
T

EXC
23rd September 2020, 09:16:AM
Correct, at least not without the written consent of both parties.
See CPR 2.9 (1) https://www.justice.gov.uk/courts/pr...t07/pd_part07a
The problem with it is that nobody at Moneyclaim Online vets the claims so you need to write to the claimant and tell them to discontinue the claim, otherwise you'll apply to have the claim struck out and hold him liable for the £255 application fee.

Thank you SO much

[Riannabri]

]Hiya

Before we can advise further we need to know what stage you're at in the process.

1) What date did you receive the claim? I received notification of the claim from Moneyclaims on 14/9/2020 although I could not view the claim as they had a glitch in there system, they confirmed I could not view the claim or respond via the portal and after several phone calls and emails I was told to send my response via email as an attachment. The Claimant is referring to a emailed me on 8th July to tell me she was going to take me to court although nothing was received until 14th September.

2) Have you acknowledged the claim? (You have 14 days to do that from the date you received the claim). You should tick the box that says you are going to defend the claim in full and don't tick the box that asks if you're going to contest the jurisdiction. Yes after finally seeing the claim I responded as they requested via an email on 22/9/2020

Once you've acknowledged the claim this extends the time you have to file your defence to 28 days from when you received the claim. In the meantime we can work on your strike out application. OK

The strike out application consists of 3 components - an N244 form https://assets.publishing.service.go...4_web_0818.pdf , a witness statement detailing what you're applying for and why, and a draft order which is what you want the court to issue.

Depending on what the claimant's particulars of claim say your witness statement will look something like this:


draft ws3.JPG This link does not open for me


However I need to see the claim if you could email it too me. Yes I have emailed this to you

Also it's unclear exactly what the claimant sent to the court when he told you he wrote to them so you need to respond to him and inform him that he's required to give you a copy of it and you want it ASAP. She states she sent the above (at the start of this thread) to the court but have no idea how as my understanding was this can only be done through the moneyclaim portal or email, as surely there is no court assigned at this point?

[EXC]

The claim you sent me isn't complete, there's no claim amount?

[Riannabri]

The Claim amount is for £5085

I could never log in to the moneyclaims portal and they had to send a copy of the claim to me via email. I replied to them via email as this could not be done via the portal, due to their Glitch!!. They reply address was contactocmc@justice.gov.uk

I have sent a copy of the claim and my reply to them to you via email

[EXC]

How do you know the claim amount if it doesn't state it on the claim?

Can you forward me the email that Moneyclaim sent you with the claim attached please?

[EXC]

How do you know the claim amount if it doesn't state it on the claim?

Can you forward me the email that Moneyclaim sent you with the claim attached please?

Got it - thanks.

As it appears you have already submitted a defence we have plenty of time to draft a strike out application, so relax.

One thing we need before I draft the application is the actual letter she sent to the court re transferring it to the High Court so can you ask her for a copy immediately please. Tell her she should have served you a copy of it at the time. Also can you send me the preceding email you sent her where you told her she couldn't file the case in the county court?

When I have that I can work on drafting the application.

Sorry for all the questions etc but it's key to knowing how to draft a successful application.

[Riannabri]

How do you know the claim amount if it doesn't state it on the claim? I have that in an email from them of which I have forwarded to you

Can you forward me the email that Moneyclaim sent you with the claim attached please? Yes I sent that

I have sent you a copy of the claim that I received from them via email f, together with all the other emails they sent in regard to their system errors

[EXC]

Ok thanks for everything you sent.

I'm working on the draft for the application and just so I'm clear:

1) When did you first receive the actual claim?
2) When did you actually receive the pre-action letter?
3) When did you send in your defence?

[Riannabri]

Ok thanks for everything you sent.

I'm working on the draft for the application and just so I'm clear:

1) When did you first receive the actual claim? 14th September 2020

2) When did you actually receive the pre-action letter? 8th October via email

3) When did you send in your defence? 22nd September via email as requested by contactocmc@justice.gov.uk with a covering note to say "Please see my full document in reply to claim reference XXXXXX As previous emails and phone calls to you I am unable to upload any documents or replies to the online Portal due to your IT problems. Also this case should not have taken on by moneyclaim.gov as per your governmental directive, Moneyclaims cannot be used for Defamation/Libel/Slader and it's a High court process, at least not without the written consent of both parties and I have not and do not give written consent. See CPR 2.9 (1) https://www.justice.gov.uk/courts/pr...t07/pd_part07a"

On 4th October I received an emailCLAIM RESPONSE From contactocmc@justice.gov.uk The defendant has filed a full defence where my attachment of my defence was sent to myself and the Claimant with a N180 and a EX730

On 8th October I sent the N180 and a complaint form Ex343a back to moneyclaims@justice.gov.uk and contactocmc@justice.gov.uk stating the case had been handled incorrectly and in regard to not being able to do anything via their portal and the amount of phone calls and email I had to make/send just to get to this point and once again I repeated the above This case should not have taken on by moneyclaim.gov as per your governmental directive, Moneyclaims cannot be used for Defamation/Libel/Slader and it's a High court process, at least not without the written consent of both parties and I have not and do not give written consent. See CPR 2.9 (1) https://www.justice.gov.uk/courts/pr...t07/pd_part07a"

[EXC]

That's great thanks.

I'll try and finalise the draft for the application in the next day or two.