Smith v lowell & fredrickson international DISCONTINUED

[mystery1]

Re: Smith v lowell & fredrickson international

You need th n244 form http://www.legalbeagles.info/forums/...181#post276181 is how you fill it in.

You need the draft order to go with it http://www.legalbeagles.info/forums/...ht=#post402292

You need your witness statement to tell the story of getting the claim and all the steps you took to obtain disclosure of the documents from sending the letter and any subsequent enquiries you made including asking for an extension to the time for filing your defence and their refusal along the lines of http://www.legalbeagles.info/forums/...857#post404857

M1

[smith]

Re: Smith v lowell & fredrickson international

n244 filled in can you check i have filled in correctly please this what im going with
this is the form all filled out

• n244 to court 1.pdf (163.3 KB, 0 views)

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxx

then i fill this out for court yes
and post it to Northampton couty court
and print 3 copys of 2 for court and 1 for me




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 Credit Agreement and any documents referred to within it which complies with the Consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon
Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended
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 compliant with s196 of the Law of Property Act 1925.




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

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxx

and then this 3 copys to court ye






In the xxxxxxxxxxxx Court

Claim No: xxxxxx

CLAIMANTS NAME
and

YOUR NAME

Statement of Truth




On 16 th january 2014, 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


I, believe that the facts in this statement are true

[mystery1]

Re: Smith v lowell & fredrickson international

You should either use box 10 OR a witness statement.

Your witness statement doesn't say much. What enquiries have you made to the claimant to see what the problem is with disclosure ?

M1

[smith]

Re: Smith v lowell & fredrickson international

You should either use box 10 OR a witness statement.

Your witness statement doesn't say much. What enquiries have you made to the claimant to see what the problem is with disclosure ?

M1

i have cca lowwell and there solictor byran carter will not disclose the ifo that i have asked for in cpr31 .14 and particulars
i have posted emails on thread from byran carters solictors
i have tryed my best to do this and time is running out i have 2 have this in by 3 or 4 feb so i amm askeing for some help please


Mr Byran Carter states that their claimant sent me the particulars of the claim that why Carter's will not send me them but I have never had any documents of them

[smith]

Re: Smith v lowell & fredrickson international

ok is this ok please



Witness Statement


1. I XXX of XXX 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. On 16th January 2014 I have sent to Claimant’s legal representative byran carters a letter requesting, under CPR 31.14, all documents mentioned in the particulars of claim

4. The request was sent via Royal mail next day delivery (Exhibit 3) and it was delivered to and signed for at the legal representative office in WEYBRIDGE on 17 th January 2014

5. Having had a reply, on 21 st January 2014 by letter byran carter refusing to send the info that i request on 16th january 2014



7. On 15th January 2014, I e-mailed the Claimant’s legal representative byran carters discuss extending the filing an xtra 28 days byran carters emaile me back stateing 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.



9. Till this day, the Claimant and their legal representative have so far ignored this request and no communication as regards to the reason for neither the delay nor a date given as to when I should be expecting to receive the relevant documents.

10. 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.

11. 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.”

12. Statement of Truth:

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

Signed:

Dated:

[smith]

Re: Smith v lowell & fredrickson international

Bump

[ncf355]

Re: Smith v lowell & fredrickson international

Hi,

not a solicitor, but to me that looks good.

You are making the point very clear to the judge that they are being obstructive

[smith]

Re: Smith v lowell & fredrickson international

Not to sure about it

[mystery1]

Re: Smith v lowell & fredrickson international

Much better.

Remove all text on the N244 from box 10 and add

See attached witness statement.

M1

[smith]

Re: Smith v lowell & fredrickson international

Thankyou mistry1 so it's all good to go how many copys to court and do I send Byran Carter's a copy

[mystery1]

Re: Smith v lowell & fredrickson international

1.

No the court do that.

M1

[smith]

Re: Smith v lowell & fredrickson international

The ex160 form do you just fill top section out when on benefits ie name address case no n sign it with proof of benefits

[smith]

Re: Smith v lowell & fredrickson international

bump

[mystery1]

Re: Smith v lowell & fredrickson international

The ex160 form do you just fill top section out when on benefits ie name address case no n sign it with proof of benefits

No idea. Phone the court.

M1

[smith]

Re: Smith v lowell & fredrickson international

All my paper work was sent back to me from court.
Thankyou for your application for fee remission unfortunately we are unable to approve your request. Your papers returned due to the reason listed below

Please complete section 4 of your ex160
Application and return your application and forms to us by the 28/2/2014 to ensure your. Ess letter remains valid

I filled sections 1,2,3,5,8

Section 4. Disposable capital test didn't think this applied to me when on benefits. Advise please

My paper work I sent court 3 Feb 2014
Its stamped the 5 Feb 2014

Letter from court about the above dated 10. Feb 2014