Draft Orders N244

[bentls00]

any advice for a draft order for further information, requested and requested but still not received, now submitting and application for documents, just not sure whether I put the dates in the draft order

The Claimant shall by 4pm on 18^th July provide the documentation ......

All I am after is a documentation that is not being provided by the claimant

[Amethyst]

Re: Draft Orders N244

You can leave the dates blank or put ( 14 days from date of order ) - the court/judge will add the dates if they agree with your application.

Is this for non compliance with a CPR 31.14 or Part 18 request for information ?

Is the claim allocated to the fast track ?

[bentls00]

Re: Draft Orders N244

Thanks I will put 14 dates from date of order.
It hasn't been allocated yet,
It would be a part 18 requests although in previous requests for the information I did not mention Part 18 request so is acceptable for Part 18 to be on the draft order

[sqn]

Re: Draft Orders N244

Sorry to jump in, but if (as I have) already been allocated a Fast Track (Lowells) which needs to be sent by 11th July, can I still issue a N244 as I have received no documents from them at all despite these being listed on the claim.
I had already sent them a request for information back in April!

[Amethyst]

Re: Draft Orders N244

Thanks I will put 14 dates from date of order.
It hasn't been allocated yet,
It would be a part 18 requests although in previous requests for the information I did not mention Part 18 request so is acceptable for Part 18 to be on the draft order

If you didn't send the request as a part 18 request then you couldn't apply for compliance with it. Could you post up the letter you sent ( or give me a link if it's on your thread )

[Amethyst]

Re: Draft Orders N244

Sorry to jump in, but if (as I have) already been allocated a Fast Track (Lowells) which needs to be sent by 11th July, can I still issue a N244 as I have received no documents from them at all despite these being listed on the claim.
I had already sent them a request for information back in April!

You sent a CPR 31.14 request and your claim is in fast track, then yes, you can send an unless order application with your N181. It will cost you the £255/£100 ( with or without hearing). Disclosure would be ordered anyway being in fast track particularly if your defence is standard ' no docs' - so it really depends if you'd rather push it to get it sorted quicker (with sanctions for non compliance) than waiting for hearing and standard disclosure.

[bentls00]

Re: Draft Orders N244

Thank you for your letter dated XXXXXXX. If your client has no objection could they please provide the following.

(a) Detailed schedule of works as stated in your letter dated XXXXXXX, which was provided from your client from the outset. This has never been received, we received a breakdown of the original quotation dated XXXXXX. A detailed schedule of works would include description of works performed broken down by labour and cost of materials.

(b) Breakdown of invoices showing description of works undertaken broken down by labour and cost of materials.

All PC sums within quote to include:-.
(ii) xxxxxxx copy receipt/invoices details of final works performed broken down by materials and labour.
(iii) xxxxxxxx copy receipts.

(c) Copy receipts for additional items charged, xxxxxxxx
this is the copy I sent, received some but not all the information.

[sqn]

Re: Draft Orders N244

That's great thanks.

You sent a CPR 31.14 request and your claim is in fast track, then yes, you can send an unless order application with your N181. It will cost you the £255/£100 ( with or without hearing). Disclosure would be ordered anyway being in fast track particularly if your defence is standard ' no docs' - so it really depends if you'd rather push it to get it sorted quicker (with sanctions for non compliance) than waiting for hearing and standard disclosure.

[Amethyst]

Re: Draft Orders N244

Okay, you will need to send it by way of a formal Part 18 request in that case. You can give them 7 days to comply before applying to the court for compliance.

(1) A Request (whether made by letter or in a separate document) must –

(a) be headed with the name of the court and the title and number of the claim,

(b) in its heading state that it is a Request made under Part 18, identify the first party and the second party and state the date on which it is made,

(c) set out in a separate numbered paragraph each request for information or clarification,

(d) where a Request relates to a document, identify that document and (if relevant) the paragraph or words to which it relates,

(e) state the date by which the first party expects a response to the Request.

Example:


Further Information pursuant to the Request of the Defendant under CPR Part 18

IN THE COUNTY COURT AT [insert]

Claim No.

Between:
AB Claimant
and
XY Defendant

Further information pursuant to the request of the defendant under CPR Part 18

(1) Detailed schedule of works as stated in your letter dated XXXXXXX, which was provided from your client from the outset. This has never been received, we received a breakdown of the original quotation dated XXXXXX. A detailed schedule of works would include description of works performed broken down by labour and cost of materials.

(2) Breakdown of invoices showing description of works undertaken broken down by labour and cost of materials.

All PC sums within quote to include:-.
(ii) xxxxxxx copy receipt/invoices details of final works performed broken down by materials and labour.
(iii) xxxxxxxx copy receipts.

(3) Copy receipts for additional items charged, xxxxxxxx

DATED
Statement of truth

I believe that the facts stated in this Further Information are true.


Full Name: ................................

Signed................................
Defendant



Address for receiving documents

[name and address ]

[bentls00]

Re: Draft Orders N244

thanks

I cannot go straight with a court order I have to write to them again first, I did send another letter after 3 weeks giving them 7 days for the information and would then request a court order but did not mention Part 18 in the letter.

[Amethyst]

Re: Draft Orders N244

I cannot go straight with a court order I have to write to them again first

I'm afraid so. To apply for an order of compliance you do need to properly head the request for information so that the consequences of non-compliance are clear to the claimant.

[bentls00]

Re: Draft Orders N244

I'm afraid so. To apply for an order of compliance you do need to properly head the request for information so that the consequences of non-compliance are clear to the claimant.

for CPR 31.14 does the same process apply

the claimant requires a formal request for compliance (either part 18 or 31.14) in a letter giving them 7 days to comply before applying to the court for compliance.

If part 18 or 31.14 are not within the letter I cannot apply for to the court on a N244 even if I had previously advised a court order would be sought if the information was not provided.

Thanks

[bentls00]

Re: Draft Orders N244

is part 31.14 if over £10,000 and part 18 if small claims?

[Amethyst]

Re: Draft Orders N244

During pre allocation both will apply - after a claim is allocated (ie you have a letter from the court and directions questionnaires etc) then neither would suit small claims, as they are both for fast track claims.

And yes same will apply to CPR 31.14 requests - the letter needs to state than it is a request made under CPR 31.14 - otherwise the other party isn't aware of potential consequence of non compliance.

If you are in fast track and over £10k then the documents you are asking for should be included as part of standard disclosure though.

even if I had previously advised a court order would be sought if the information was not provided.

did you advise them of that ?

Where exactly are you in the case at the moment?

[bentls00]

Re: Draft Orders N244

I have requested copy documents numerous times and then sent a letter advising if the documents were not received within 7 days I would seek to obtain a court order this prompted some documents but not all. I now feel it is appropriate to file a N244 application for the missing information
The case has not been allocated but we have received notice of proposed allocation - hence I would like the application in prior to completing the proposed allocation
The other party have advised I am not in apposition to impose arbitrary deadlines.....