BOBBY8 -V- ????

[thephoenix]

Hellooooo all.

This post is from new member Bobby8, it has been requested that I post this as bobby8 had to dash :witch::witch:

Hi there thephoenix good to be here, hope you can help....so far up until yesterday but I am now stuck and worried I may have to drop out ...

in brief up till now....got as far as AQ stage, didnt submit it because I WAS waiting for statements (which took ages) and didnt want to go further with an estimate as thought it may come back to bite me. anyway due to time expiring case got thrown out, I then went on to the HMCS and filled out the form to get case reinstated with £65 fee. then the OFT thing happened I was told about the case being stayed, I then wrote to the court asking for the stay to be lifted (using appropriate letters) got a letter back saying court date for lifting of stay was 12 November, duly turned up yesterday, SC&M rep there (didnt know whether to be surprised by this or not) anyway Judge then said there was no stay to be lifted cos the case wasnt in the system. Quite honestly I was taken aback by this, as I wondered what were the forms I filled out for then ?(I stated that due to lack of statements being sent in time I didn't feel it was prudent to go with an estimate, hence the reinstatement forms) Solictor/bank also didnt know this it seemed only the court did, so why did they not write to tell me this rather than write to me saying there was a hearing to lift a non-existent stay? I assumed it was a matter of course that the case was re-instated.... he alluded to point of law CPR 3.9 and to write to the court by 26 November so a court date could be put in place to hear whether or not the case should be reinstated. I am somewhat confused as I didnt think there needed to be a hearing for this ... the solicitor was also somewhat peeved.....he said it seemed like a farce. but more to the point can someone tell me what letter I need to send in to the court please....I need to get this sorted as soon as possible if you could try to answer me I would be ever so grateful....by the way the judge said (to me) 'shall file and serve a further witness statement in support of my application to reinstate my claim addressing the factors set out in CPR 3.9, please note on form N244 to reinstate case reason was given for lack of AQ (ie no statements) but I need to get movin as I have only 14 days. thanks everso

[thephoenix]

Re: BOBBY8 -V- ????

The facts surrounding your failure to comply with AQ order ie statements




Relief from sanctions 3.9 (1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order the court will consider all the circumstances including –
(a) the interests of the administration of justice;
(b) whether the application for relief has been made promptly;
(c) whether the failure to comply was intentional;
(d) whether there is a good explanation for the failure;
(e) the extent to which the party in default has complied with other rules, practice directions, court orders and any relevant preaction protocol (GL) ;
(f) whether the failure to comply was caused by the party or his legal representative;
(g) whether the trial date or the likely trial date can still be met if relief is granted;
(h) the effect which the failure to comply had on each party; and
(i) the effect which the granting of relief would have on each party.
(2) An application for relief must be supported by evidence.

[Amy]

Re: BOBBY8 -V- ????

Ok, can I just check then - you have filed N244 and paid £65 because the original case was thrown out because you didn't comply with CPR 3.9 which was filing an AQ - is that right?

If I've got that right, you need to do a witness statement stating why you didn't comply.

[thephoenix]

Re: BOBBY8 -V- ????

Hi Amy. yeah i think thats the jist. Bobby was waiting for the statements but didn't arrive in time for the submission of AQ.
Why o why did you raise claim before you knew how much it was for bobby??

Bobby, you need to post up your particulars and tell us, in your words, the reasons for not complying.

[Amy]

Re: BOBBY8 -V- ????

How much was the claim for then and how much will it be for now?