N1 claim form served AGAIN - Bryan Carter - SORTED AGAIN !!!

[Curlyben]

Re: N1 served

I think a team effort would be good
Adaptation of the one I attached would be a good start.

[WendyB]

Re: N1 served

I'd like to have a go but tbh don't think I'm going to manage it. All the directors are in today so I'll have to do some proper work lol. Only on here now cos they're in a meeting with the office door shut. If I get caught I'm dead. So if you and Curly could have a look I'd be eternally grateful. If I don't get back on today, thanks in advance.
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If I get chance I'll try to amend the one CB attached

[Amethyst]

Re: N1 served

If you don't Wends I'll have a good look at it this evening.

[WendyB]

Re: N1 served

I have checked with Royal mail both online and by phone, they say it doesn't appear to have been delivered. Should i send another one today do you think?

In the meantime, i have attempted a defence. Am a bit unsure as to whether I should put CPR 18 or 16 in the first part, it originally said 16? Can you have a look and see what you think?
And (stupid question) do I have to file the defence online or post it?

[Amethyst]

Re: N1 served

Probably both.


Did you use special delivery or signed for ? recorded signed for is rubbish as to telling u when things have been delivered - they tend to have a bulk delivery and only sign one off.

Will have a read

[WendyB]

Re: N1 served

Sent it recorded. The first one got there within about 3 days and was showing on the Track and Trace. Other one hasn't shown up yet, bloke I spoke to says its probably stuck in the system somewhere.

[Amethyst]

Re: N1 served

2) The claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16.



DEF 16. Statements of case
For your ref:
16.2 (1) The claim form must –
(a) contain a concise statement of the nature of the claim;
(b) specify the remedy which the claimant seeks;
(c) where the claimant is making a claim for money, contain a statement of value in accordance with rule 16.3;
(cc) where the claimant's only claim is for a specified sum, contain a statement of the interest accrued on that sum; and
(d) contain such other matters as may be set out in a practice direction.

16.4 (1) Particulars of claim must include –
(a) a concise statement of the facts on which the claimant relies;
(b) if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);
(c) if the claimant is seeking aggravated damages (GL) or exemplary damages (GL) , a statement to that effect and his grounds for claiming them;
(d) if the claimant is seeking provisional damages, a statement to that effect and his grounds for claiming them; and
(e) such other matters as may be set out in a practice direction.


whole cpr 16 and link to PD here PART 16 - STATEMENTS OF CASE

[WendyB]

Re: N1 served

[quote=Amethyst;68017]2) The claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16.

so I have to change it to say 16 instead of 18?




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and have I got to put this bit in? or is that just for myreference, to show me what a thicko I am? DEF 16. Statements of case

For your ref:
16.2 (1) The claim form must –
(a) contain a concise statement of the nature of the claim;
(b) specify the remedy which the claimant seeks;
(c) where the claimant is making a claim for money, contain a statement of value in accordance with rule 16.3;
(cc) where the claimant's only claim is for a specified sum, contain a statement of the interest accrued on that sum; and
(d) contain such other matters as may be set out in a practice direction. __________________

[Amethyst]

lol well I wouldnt put it quite like that - but yes its just for your reference so you understand what you are arguing.


okay first bit

1)Except where otherwise mentioned in this defence the Defendant neither admits nor denies any allegation made in the Claimants Particulars of Claim.

2)The claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;


a)The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the accounts referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant's claim.

b)A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form as laid out in Practice Direction 16. Paragraph 7.3.


c)A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

next bit

Abuse of Process


3) It is also noted that the Claimant is trying to conduct this claim contrary to s35 County Courts Act 1984 as the Defendant notes the Claimant has split one cause of action into two or more separate claims. This is unlawful as laid out in section 35 of the Act and with respect the Defendant requests the court strike out this case as a clear abuse of process.


4)Further to the case, on 12 June 2008 the Defendant requested disclosure of information from the Claimant, pursuant to CPR Part 18. A copy of this request is attached with this defence (appendix A)

In reply to this letter the Defendant received only a request to contact the Claimant by telephone. (ADD A BIT about PREVIOUSLY ASKING THEM THE FECK OFF HARRASSING YOU)


5) On 20 June 2008 a further letter was sent to the Claimant, again requesting details under CPR 18, and enclosing a copy of the original letter of 12 June 2008.

6) Proof of posting is held for both letters.

7) To Date the Claimant has ignored the request under CPR 18 and no such documentation has been received. As a result it has proven difficult to compose this defence, especially given that the Defendant is Litigant in Person.

happy for anyone to change/edit/suggest etc

have swiped a chunk (sorry)

here last bit

Conclusion


8) In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant's statement of case should be struck out as an abuse of process and/or disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

9) In the alternative, the Defendant respectfully requests a stay in proceedings until such time as the Claimant complies with the requests outlined in paragraph 3 of this defence, or until the court orders the Claimants compliance with the same. The Defendant will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend his statement of case accordingly.

Statement of Truth

I, xxxxxxxxxxxxxxxxxxxxx, believe the above statement to be true and factual to the best of my knowledge



Signed .....................

[Amethyst]

Re: N1 served

Okay thoughts please.

Also confirm about the harrassment bit - sorry I don't recall if this was made an issue of previously or not. Otherwise I think we leave the telephoney bit off.

[Curlyben]

Re: N1 served

Looking good.

my turn

4)Further to the case, on 12 June 2008 the Defendant requested disclosure of information from the Claimant, pursuant to CPR Part 18. A copy of this request is attached with this defence (appendix A)

In reply to this letter the Defendant received only a request to contact the Claimant by telephone, despite previously requesting that ALL communications be in writing for the avoidance of doubt.

Just need to change this bit:

9) In the alternative, the Defendant respectfully requests a stay in proceedings until such time as the Claimant complies with the requests outlined in paragraph 4 of this defence, or until the court orders the Claimants compliance with the same. The Defendant will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend his statement of case accordingly.

Also I would do a renumber to make the response to CPR another para.

As for the lack of signature, it doesn't really matter as long as it was posted FIRST class and you have the receipt, it is considered delivered after 2 working days.
Remember court papers are only ever sent first class and not recorded.

You might even think about enclose some draft directions along the lines of supply docs or strike out.

I'll dig one out in a bit.

[Curlyben]

Re: N1 served

How does this sound

Draft Order for Directions

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

• Fully particularised statement of case
• Referenced agreement
• 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.
• Copies of any statement or other document relied upon pursuant with CPR18

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

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

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

[WendyB]

Re: N1 served

Right then, this is my latest attempt. Am pasting in full rather than as an attachment cos the boss is in and will notice me flicking between screens.

for info, the POC says

The claimant claims 195.00, such sum being part of a debt due under an agreement number xxx (The agreement) whereby the defendant agreed to pay the claimant 586.80 (the debt).

For the avoidance of doubt in making this claim for a part of the debt the claimant does not waive any rights as to the balance of the debt, which the defendant continues to owe to the claimant under the agreement. The claimant reserves the right to make further claim for such sums of the debt as remain outstanding.


The thing is, that agreement number is the one which appears on the powergen bill. So its obviously not an agreement between us and Bryan. There is no agreement between us and Bryan, as far as i know, never had anything from them in the form of an agreement, only thing I remember asking them was a full and final settlement figure. So they are fibbing. If they have to produce this "agreement" then I think it might look a bit sh!tty for them.

Defence

1)Except where otherwise mentioned in this defence the Defendant neither admits nor denies any allegation made in the Claimants Particulars of Claim.

2)The claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

a)The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the accounts referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant's claim.

b)A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form as laid out in Practice Direction 16. Paragraph 7.3.

c)A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

Abuse of Process

3) It is also noted that the Claimant is trying to conduct this claim contrary to s35 County Courts Act 1984 as the Defendant notes the Claimant has split one cause of action into two or more separate claims. This is unlawful as laid out in section 35 of the Act and with respect the Defendant requests the court strike out this case as a clear abuse of process.

4)Further to the case, on 12 June 2008 the Defendant requested disclosure of information from the Claimant, pursuant to CPR Part 18. A copy of this request is attached with this defence (appendix A)

5)In reply to this letter the Defendant received only a request to contact the Claimant by telephone despite previously requesting that ALL communications be in writing for the avoidance of doubt.

6) On 20 June 2008 a further letter was sent to the Claimant, again requesting details under CPR 18, and enclosing a copy of the original letter of 12 June 2008. A copy of this letter is attached with this defence (Appendix B)

6) Proof of posting is held for both letters.

8) To date the Claimant has ignored the request under CPR 18 and no such documentation has been received. As a result it has proven difficult to compose this defence, especially given that the Defendant is Litigant in Person.


Conclusion

9) In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant's statement of case should be struck out as an abuse of process and/or disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

10) In the alternative, the Defendant respectfully requests a stay in proceedings until such time as the Claimant complies with the requests outlined in paragraph 4 of this defence, or until the court orders the Claimants compliance with the same. The Defendant will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend his statement of case accordingly.

Statement of Truth

I, xxxxxxxxxxxxxxxxxxxxx, believe the above statement to be true and factual to the best of my knowledge



Signed .....................

haven't put the Draft order for Directions as wasn't sure where to put it, should it be included as part of the defence?

[Amethyst]

Re: N1 served

10) In the alternative, the Defendant respectfully requests a stay in proceedings until such time as the Claimant complies with the requests outlined in paragraph 4 of this defence, or until the court orders the Claimants compliance with the same. The Defendant respectfully includes draft directions for consideration by the court (appendix b) The Defendant will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend his statement of case accordingly.


Then attach directions seperate


Do it in writing - you don't have to use their forms....just lay it out like the one that curly attached and send 2 copies to court with the response form. Also send a copy to Mr Carterout of courtesy

[WendyB]

Re: N1 served

Yes I'll do that then, only it will be appendix c cos I've put a copy of the other letter in as appendix B. Does it have to be OH's signature or can i sign the formns as litigation friend. When acknowledged on mcol did it as him, not me as litigation friend, if you see what i mean. i know it will have to be OH's sig on statment of truth.