Chimichanga
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Hello! Hit a couple of minor stumbling blocks.... 1.Can no longer manage claim online as case moved to different court. Everything has to be done manually now...no one seems to be able to explain why this has happened. 2. Cant find a PDF of CPR 16.4 for WS. any ideas where it's hiding online? Cheers
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Thanks for that EB all duly noted. Will have his WS completed ASAP and will post here for review if that's ok. Thanks again for all your help and advice.
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Thanks EB have just called court and yes it is a typo. Hearing is 2nd Nov. Will get the ball and chain to keep checking MCOL. The court have extended the date (was actually 5th Oct) to 12th Oct. Will write up WS. Copies need to be sent to Claimant no later than 14 days before court date as I remember? Thanks!
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Morning all! We have been away a few days and have come home to court papers. The claimant has until 4pm on the date of the hearing to pay the court fee or the case will be struck out.....but the hearing is at 2pm on that same day??? This doesn't make sense to me? Also is now the time defendant needs to put together full defence and send copies to court and claimant? Thanks!
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Thanks EB. Was just checking as it had already been allocated to a different local court but has now been allocated to this one. Was just checking he hadn't missed something. Cheers!
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Morning. Just wanted to double check that the other half doesn't need to do anything with the letter he got. It reads: Upon considering the the papers on the court file it is ordered that this case be transferred to the county court at xxxx and the file has been sent to that court. If this order was made as a result of a without notice application or on the courts own initiative and if you object to the order you may make an application to have it set aside, varied or stayed provided the application is made within 7 days of service of the order. He's getting antsy again! Thank you
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Hello all. Just a quick update to keep you posted.... DQ filed. Case referred to Defendant's chosen court.
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Brilliant thanks DX
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Hello again! Letter has been sent to court requesting an oral hearing. Today the old man received a Directions Questionnaire, which he has completed. On the front there is a covering letter which looks like it's addressing the Claimant....I see from other posts on this forum that this is a copy of the letter sent to the Claimant for the Defendants reference. The letter asks for the questionnaire to be filed by 8th August Is that also for the Claimant? (looking on MCOL they've already filed theirs).....CUE QUESTIONS>>>>>>> ***Does the defendant also have to file theirs by the same date? ***Can this be done via email? I've seen the address somewhere on this forum but for the life in me I can't find it now!! So just to check is this correct? ( ccbcdefendants@hmcts.gsi.gov.uk ) ***Is a typed signature sufficient if submitting by email? ***Does a copy need to be sent to Gladdys? Ever grateful for your guidance
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LOL! I was trying to pad it out a bit for him, looked like it needed a bit more text ha! Re defendant bit was just unsure if the letter needed to be worded in third person. Will remove life story and make it more concise. Thank you!
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Ok, sounds good to me thanks. Have drafted this for him to send: County Court Business Centre 4th Floor St Katherine’s House 21-27 St Katherine’s Street Northampton NN1 2LH Dear Sirs, In relation to the above claim the defendant would like to bring to your attention the Claimant’s request for a special direction to have the matter dealt with on papers and without the need for an oral hearing. Today a copy of the Claimant’s Direction Questionnaire was received, in which the above intention was made. The Defendant does not consent to this and would like to make the Courts Service aware that an oral hearing is being requested to allow the Defendant to cross examine any witness the Claimant may have. Not entirely sure whether the words 'defendant' need to be used in this letter but have gone with it lol. Does anything else need to be said? Thanks
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Great thanks. I'm guessing a Directions Questionnaire will soon follow for the Defendant and all of the above you mentioned should go on that Q'aire?
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Thanks EB. Well, quick as a flash, Gladdys have replied! No time wasting this time..... 17th July 2018 We Act for the Claimant and have notified the Court of our Client's intention to proceed with the claim. Please find enclosed a copy of our Client's completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing. This request is sought simply because the matter is in our Client's opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate. We trust you agree. You will note our Client has opted not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward. Yours sincerely GS Gladstones Solicitors Does the Defendant now wait to hear from the Court?
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Brilliant. I get an answer to my question and you both say the complete opposite. Too funny. And love the rabbit joke, understood it straight away ha ha. Hopefully I can leave you in peace for a few days now...but don't hold your breath!!! Thank so much.
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Thanks Ericsbrother. That's all really helpful. The defence is still the same as that which is posted above. I just don't know what consists of too early to submit defence? Is day 28 ok or does he wait until weds?...(day 31) or even later?
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OK will do thanks for that. The 'Defendant' is getting antsy. He logged on to MCOL and their blurb says the defence must be filed within 28 days of the date of the claim. I know there is 5 day grace period but it says nothing about that on MCOL . Should he just file the defence today or is it still too early? Ever so slightly worried.....again! Thanks!
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Thanks ericsbrother, it says HXCPM on the claim form so I'm guessing it's a copy and pasting error on the letter . I think it may be best to remove that point too.
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Thanks DX.....Ok. Will do. Wait until next weds to file defence? Thanks Ericsbrother... was hoping that was a boo boo on their part! OK will add/amend the point suggested above to his defence. Yes do have pictures already, took them a while back, theres also some on another forum that someone posted up of the same site (didn't want to mention forum as not sure it's allowed) Thanks so much you guys have been such a massive help, and really are the only reason he's doing this ( and me of course). Have amended as follows: 1. It is denied that the Defendant was the driver of the vehicle on 25/11/2017. The Claimant is put to strict proof. The Defendant admits that he was the registered keeper of the vehicle referred to in the claim. 1.1 The fact that the Defendant was not the driver was communicated to the Claimant in a letter the Defendant posted by a tracked/signed for method, following receipt of a 'Final Demand' soon after the Defendant had returned from a family holiday in New Zealand for 6 weeks (28 Nov 2017- 10 Jan 2018). 1.2 The Defendant denies that any monies are owed for any reason. 1.3 The Claimant has no locus standi, HXCPM and UKCPM are not the same entity and so the Claimant is an uninterested third party in this matter. Have just looked through all the letters from G's and the Claim Form (except the one received today) all have HXCPM as the Claimant, It's only todays letter that has UKCPM as the client. I'll try to upload pics of letters/claim form etc again later tonight.
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It's the 11th June
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Sorry DX. Tried that earlier and failed so typed it up verbatim instead. Do any amendments need to be made to the defence prior to submission? Other half was going to submit defence today. Thanks
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Morning! I hope you're all well. Thought a quick update was in order. Gladstones have written a letter (dated 28th June....not entirely sure what type of mail takes 6 days to arrive) which has been received outside of the 14 days in the CPR request letter to Gladstones. Their client name has changed from HX Car Park Management to UK Car Park Management? Not sure if that matters? It reads: Thank you for your letter dated xxx CPR 31.14 requests allow a party to inspect documents which are mentioned in another party's statement of case. In view of the fact that the requested documents you have outlined do not appear in the Claimant's statement of case, these will not be provided. Notwithstanding the above, we also trust you agree that in view of the fact that this case will inevitably be allocated to the small claims track where such requests do not apply; to comply with a request of this nature would go against the spirit of the overriding objective. We trust this answers your query. Yours Sincerely, Gladstones Solicitors
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Great news! Look forward to that
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Ok that makes sense. Although reading on other formus it seems Gladys are akin to a dog with a bone. I'm guessing there will be no dropping the case but we live in hope! Thanks for that. He should file the defence around day 26/27 after the claim issue date?
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Understood. Perfect. Thank you. Will post up for review.
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Ha ha. Have spent today writing what looks like War and Peace compared to what you have suggested lol. Ok will whittle it down a bit and make it more of a summary. Thanks Ericsbrother.
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