Smith v lowell & fredrickson international DISCONTINUED

[smith]

Re: Smith v lowell & fredrickson international

23/1/2014 have asked for extension
Civil Procedure Rule 15.5 allows the parties to agree an extension of time for filing the defence. It allows the deadline to be extended up to 28 days by agreement.


see if i get it think not with byran carters

[Amethyst]

Re: Smith v lowell & fredrickson international

Hiya,

You should get the extension from BCs but you might have to chase them by telephone. Are you starting to prepare your unless order application ? as it is likely even if they give the extension they still won't comply with the CPR request and you'll need to submit it.

I'll try keep a better eye on your thread as you seem to get missed a bit - sorry xx

[smith]

Re: Smith v lowell & fredrickson international

Hiya,

You should get the extension from BCs but you might have to chase them by telephone. Are you starting to prepare your unless order application ? as it is likely even if they give the extension they still won't comply with the CPR request and you'll need to submit it.

I'll try keep a better eye on your thread as you seem to get missed a bit - sorry xx

i have looked at the unless form have not got a clue how to fill it out
in a leagal terms and drafting of the form could need help with it please

[Amethyst]

Re: Smith v lowell & fredrickson international

Have a read of this thread and have a go at drafting your documents, then we can take a look through them and amend as necessary.

Basically you use the N244 to ask for directions (ask the judge to order compliance with your CPR request or they get struck out), then attach the directions you want the court to order in draft form, and a witness statement to back up your request. If you quality for fee remission you will also need the EX160

[smith]

Re: Smith v lowell & fredrickson international

hi there what thread you talking about please

[Amethyst]

Re: Smith v lowell & fredrickson international

Oops sorry I forgot to paste the link xx http://www.legalbeagles.info/forums/...258#post402258 - Have a read through that thread as it is at about the same stage as you.

[smith]

Re: Smith v lowell & fredrickson international

HI AMETHYST i have been at this all day and not sure if its done right and dont know which
order all of this will go and can you have read of it all to make sure its all in order and thankyou for help please AND ITS JUST PUTTING IT ON ON LEAGAL FORMS FOR COURT

i acknowledge the claim 9 january 2014 and defend in full 28 days
think that takes me to 4 feb not sure

Claim No: xxxxxx UNLESS ORDER

An order that unless, within 14 days, of making this application the Claimant complies with a request made by the Defendant on 16 january 2014 pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim the claim shall be struck out

What information will you be relying on, in support of your application?
On 16 january 20114, following service of a claim form in this case, I wrote to the claimant solicitors who are acting in this matter requesting inspection of documents mentioned in the particulars of claim pursuant to CPR 31.14. A copy of my request is attached to this form. The claimant has to date failed to supply copies of documents mentioned in the particulars of claim.

The defendant has been put at a disadvantage for filing a defence due to the claimant's actions. The defendant contends that the claimant should have the necessary documents before proceeding with a claim against the defendant. The claim is being handled by a firm of solicitors who should have a properly prepared case before issuing any claim and not rely on their client to supply the necessary documentation after the event.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxx
In the xxxxxxxxxxxx Court
Claim No: xxxxxx
CLAIMANTS NAME
and
YOUR NAME
Draft Order for Directions





1.The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:


Copies of the orignal Credit Agreement and any documents referred to within it , which the claimant seeks to rely upon
copys of the orignal terms and conditions for that agreement
default notice
assiginment notice
statements of account
Copies of any statement or other document relied upon
Document, contract or deed of assignment
Notice of assignment, with proof of service of the same


2.If the Claimant fails to comply with this order, the claim will be struck out without further order.

3.The Defendant shall within 14 days thereafter file and serve the following


An amended defence sufficiently particularised in response to the documents supplied by the claimant

4.If the claimant fails to comply with this order, the Defence will be struck out without further order.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxx

STATEMENT OF TRUTH
1. I XXXXXX of xxxxx being the Defendant, am a litigant in person in this case.


2. I make this Witness Statement in support of my application for an order (draft of which attached) that the Claimant do provide me with documents mentioned within the statement of case pursuant to CPR 31.14.


3. Till this day, the Claimant and their legal representative have so far ignored this request and no communication as regards to the reason for the delay nor a date given as to when I should be expecting to receive the relevant documents.


4.The Claimant and their representative have shown clear disregard of CPR31.15 which clearly stated that;
Where a party has a right to inspect a document –
(a) that party must give the party who disclosed the document written notice of his wish to inspect it;
(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and
(c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.
5. I also refer to the ruling of Rix LJ in Expandable v Rubin [2008] EWCA Civ 59 (at paragraph 24)
“The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection.”


6. Suffice to say that without the availability of relevant documents as stated in the particulars of claim for my inspection, I will therefore unable to defend the claim brought against me by the Claimant.


7.Statement of Truth:


I, XXXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed:


Dated:

[smith]

Re: Smith v lowell & fredrickson international

looks like they have no original or copy agreement or copy notices.

They may still try to prove there was an agreement of some kind by producing a list of payments made by you.

If you have paid nothing in the last 6 years since 6.1.2008 they are too late to make this claim.

If they cannot produce a copy of the Agreement or the default Notice to the Judge I think they may fail in this claim.

You may just want to deny liability along the lines that you require them;

[smith]

Re: Smith v lowell & fredrickson international

Bump

[smith]

Re: Smith v lowell & fredrickson international

no extension byran carters got this email from them to nite

Info - Bryan Carter LLP (Info@bryancartersolicitors.co.uk)
Add to contacts
19:05

Bump





To:

Dear Mr Douglas

OUR CLIENT: LOWELL PORTFOLIO 1 LTD

Thank you for contacting us

Our Client does not to an extension in time for you to file a defence.

Yours Sincerely

Bryan Carter Solicitors LLP
11 De Havilland Drive, Weybridge, Surrey KT13 0YP Tel: 0845 219 8686 Fax: 0845 223 5656
e-mail: info@bryancartersolicitors.co.uk

Members: Bryan F Carter,Ian Marsden, Mary Kelly
Associate: Katharine Smith
Authorised and regulated by the Solicitors Regulation Authority.
Bryan Carter Solicitors LLP is a limited liability partnership registered in England & Wales with Registered number: OC351865.
Registered Office: 11 De Havilland Drive, Weybridge, Surrey KT13 0YP.

We do not accept service of documents by fax, email or other electronic means.





and i told them there discriminating a mental health person

[smith]

Re: Smith v lowell & fredrickson international

Bumping for help

[smith]

Re: Smith v lowell & fredrickson international

To see messages related to this one, group messages by conversation.

Info - Bryan Carter LLP (Info@bryancartersolicitors.co.uk)
Add to contacts
09:01





To:

Dear Mr

OUR CLIENT: LOWELL PORTFOLIO I LTD

Thank you for contacting us

We believe that in not agreeing to you request for an extension in the time needed to file a defence we are being compliant with civil procedure rules.

We also note on previous communication with yourself, we did request that you provided us with proof of your condition. Unfortunately this has not been received.

We confirm we are in receipt of your Acknowledgment of Service. We suggest responding to Claim Form using the Response Pack provided to avoid a default judgment being entered.

We recommend you seek legal advice.

Yours Sincerely


Bryan Carter Solicitors LLP
11 De Havilland Drive, Weybridge, Surrey KT13 0YP Tel: 0845 219 8686 Fax: 0845 223 5656
e-mail: info@bryancartersolicitors.co.uk

Members: Bryan F Carter,Ian Marsden, Mary Kelly
Associate: Katharine Smith
Authorised and regulated by the Solicitors Regulation Authority.
Bryan Carter Solicitors LLP is a limited liability partnership registered in England & Wales with Registered number: OC351865.
Registered Office: 11 De Havilland Drive, Weybridge, Surrey KT13 0YP.

We do not accept service of documents by fax, email or other electronic means.

[mystery1]

Re: Smith v lowell & fredrickson international

Before District Judge Sitting at the Northampton County Court CC BC, 4th floor, St Katharine's House, 21-27 St Katharine's Street, Northampton Northamptonshire, NN1 2LH, on the day of 2013


UPON reading the Defendant’s Application Notice dated
And


UPON the Court noting that the Claimant remains in breach of the Civil Procedure Rules Pre Action Protocol Practice Direction and CPR Rule 31.14.



IT IS ORDERED THAT:

1. The Claimant shall provide the Defendant a copy of the contract, a copy of the default notice, a copy of the assignment all referred to within the particulars of claim by 4pm on 2014 (28 days from the date of the order) If the Claimant breaches this paragraph then the Claimants claim shall stand struck out.
2. Upon the Claimant complying with paragraph 1 the Defendant shall file and serve a Defence by 4pm on 2014. (28 days after compliance with para 1)
3. The Claimant do pay the Defendant’s costs to be assessed if not agreed

DATED. Day of 2013



M1

[mystery1]

Re: Smith v lowell & fredrickson international

http://www.legalbeagles.info/forums/...263#post402263

That is how you need to do your witness statement. You also need to include your address. Doing a witness statement is the best way and means there is no need to use box 10 other than to say "see attached witness statement".

You also must include number 5 there and it doesn't need to be number 5 on your witness statemnt just make sure you use the text.

M1

[smith]

Re: Smith v lowell & fredrickson international

Before District Judge Sitting at the Northampton County Court CC BC, 4th floor, St Katharine's House, 21-27 St Katharine's Street, Northampton Northamptonshire, NN1 2LH, on the day of 2013


UPON reading the Defendant’s Application Notice dated
And


UPON the Court noting that the Claimant remains in breach of the Civil Procedure Rules Pre Action Protocol Practice Direction and CPR Rule 31.14.



IT IS ORDERED THAT:

1. The Claimant shall provide the Defendant a copy of the contract, a copy of the default notice, a copy of the assignment all referred to within the particulars of claim by 4pm on 2014 (28 days from the date of the order) If the Claimant breaches this paragraph then the Claimants claim shall stand struck out.
2. Upon the Claimant complying with paragraph 1 the Defendant shall file and serve a Defence by 4pm on 2014. (28 days after compliance with para 1)
3. The Claimant do pay the Defendant’s costs to be assessed if not agreed

DATED. Day of 2013



M1

thankyou so i put this on the n244 form n send to court si i dont have to do any thing else is this right before i send it or just copy n put in defence on mcoll

is this the uless order