Help with cca?/GE money.

[blind-as-a-bat]

[its is respectfully requested this case be allocated to the small claims track

In the directions above don't fill in the dates the judge will do that, just fill in the xxxxs.

 

Please note, you may not get these directions, unless you change it to Fast Track, its your decision on how you want to play it.

 

With fast rack you are liable to much greater costs, should you lose, however you get better disclosure.

 

You have lost me on that bit CCM, i understand why fastrack may be better for info(as you know) but yet you state small claims in the order, is it me or is that contradictory?

 

If you want strict diclosure of evidence, then it is correct you must steer clear of small claims, so im not sure of the logic there, apart from the cost of course, which if your skint and have nowt a warrent of siezure means nothing, so the cost means nothing, if you see what i mean:-|

[creditcardmug]

You have lost me on that bit CCM, i understand why fastrack may be better for info(as you know) but yet you state small claims in the order, is it me or is that contradictory?

 

If you want strict diclosure of evidence, then it is correct you must steer clear of small claims, so im not sure of the logic there, apart from the cost of course, which if your skint and have nowt a warrent of siezure means nothing, so the cost means nothing, if you see what i mean:-|

 

Hmmm...my thinking is, it should be small claims as its under 5k, but we have asked for special directions, instead of standard directions

If we ask for fast track the judge might want a directions hearing, complicating things.

 

Its only my thoughts....it may be better to go for fast track, thats why i put the option there...at the end of the day the judge is going to make whatever directions he thinks fit, whatever we or the claimant say

[guzzleguts]

Hi CCM & BAB

CCM, they will still have to produce the compliant documents under the small claims route wont they?, and as their DN doesn't have a remedy date on it and their T&C's are not relevant to the application form, no date on the application or their signature, which makes the contract not binding as far as their 2 sets of T&C's they have sent me state, i think they will need to produce different doc's at court, if they are to enforce this.

 

GG

[creditcardmug]

I would go with it as is, its up to you...you can ask for fast track if you want to...if there's no prescribed terms on the signed page, and no date,and the DN being dodgy, i think you have a strong case, so you can play it either way (the fact they haven't signed it is neither here nor there IMO, they could sign it at any point.

[guzzleguts]

CCM is there any disclosure at all on the small claims track, or is it a case of both parties turning up at court to inspect the doc's?

 

GG

[creditcardmug]

Found this from the CPR, re:small claims, however in the directions above we are asking for specific docs to be filed and served before the hearing, and the to be able to make an amended defence based on the docs, you cant be sure you will get those directions, but i think you have more chance of it with fast track.

 

 

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See also Practice Direction 27,

Part 27 THE SMALL CLAIMS TRACK

 

Contents of this Part Title Number Scope of this Part Rule 27.1 Extent to which other Parts apply Rule 27.2 Court’s power to grant a final remedy Rule 27.3 Preparation for the hearing Rule 27.4 Experts Rule 27.5 Preliminary hearing Rule 27.6 Power of court to add to, vary or revoke directions Rule 27.7 Conduct of the hearing Rule 27.8 Non-attendance of parties at a final hearing Rule 27.9 Disposal without a hearing Rule 27.10 Setting judgment aside and re-hearing Rule 27.11 Costs on the small claims track Rule 27.14 Claim re-allocated from the small claims track to another track Rule 27.15

Scope of this Part

 

27.1

 

(1) This Part –

(a) sets out the special procedure for dealing with claims which have been allocated to the small claims track under Part 26; and

 

(b) limits the amount of costs that can be recovered in respect of a claim which has been allocated to the small claims track.

 

(Rule 27.14 deals with costs on the small claims track)

 

(2) A claim being dealt with under this Part is called a small claim.

(Rule 26.6 provides for the scope of the small claims track. A claim for a remedy for harassment or unlawful eviction relating, in either case, to residential premises shall not be allocated to the small claims track whatever the financial value of the claim. Otherwise, the small claims track will be the normal track for –

 

• any claim which has a financial value of not more than £5,000 subject to the special provisions about claims for personal injuries and housing disrepair claims;
  
• any claim for personal injuries which has a financial value of not more than £5,000 where the claim for damages for personal injuries is not more than £1,000; and
  
• any claim which includes a claim by a tenant of residential premises against his landlord for repairs or other work to the premises where the estimated cost of the repairs or other work is not more than £1,000 and the financial value of any other claim for damages is not more than £1,000)
  

 

 

Extent to which other Parts apply

 

27.2

 

(1) The following Parts of these Rules do not apply to small claims –

(a) Part 25 (interim remedies) except as it relates to interim injunctions(GL);

 

(b) Part 31 (disclosure and inspection);

 

© Part 32 (evidence) except rule 32.1 (power of court to control evidence);

 

(d) Part 33 (miscellaneous rules about evidence);

 

(e) Part 35 (experts and assessors) except rules 35.1 (duty to restrict expert evidence), 35.3 (experts – overriding duty to the court), 35.7 (court’s power to direct that evidence is to be given by single joint expert) and 35.8 (instructions to a single joint expert);

 

(f) Subject to paragraph (3), Part 18 (further information);

 

(g) Part 36 (offers to settle); and

 

(h) Part 39 (hearings) except rule 39.2 (general rule – hearing to be in public).

 

 

(2) The other Parts of these Rules apply to small claims except to the extent that a rule limits such application.

 

(3) The court of its own initiative may order a party to provide further information if it considers it appropriate to do so.

[guzzleguts]

Hi CCM

 

It seems i have a good DJ, after sending the AQ's to the court the DJ has made an order that the claimant must file at the court and the defendant copies of all original documents and proof of service of the DN.

 

And can you tell me what is - The case be listed for allocation/CMC and then a date in october?

 

Thanks for your help.

 

GG

[creditcardmug]

Ah right, the court wants a hearing in order to allocate the case to a track, so once you (and the court), have all the docs, there will be a short hearing to decide on the track, usually about 10 mins as i understand it.

 

However they first have to overcome the hurdle of providing all these compliant docs:rolleyes:, can you type up the order as is?, i quite uderstand if you dont want to at this stage, (prying eyes etc)

 

All in all sounds good for you:)

[blind-as-a-bat]

If CCM is rght (i have lost track of the thread) if they have asked for disclosure before deciding the track, than that is good news, if they can provide convinceing docs, as it gets round the strict proof of evidence that is lacking in small claims, but if avoids the costs of fast track.

 

If that made any sense:confused:

[guzzleguts]

Thanks to both of you, i will PM you re the order.

 

GG

[guzzleguts]

And also i never received a copy of their AQ's or should they follow?

 

 

GG

[creditcardmug]

And also i never received a copy of their AQ's or should they follow?

 

 

GG

 

No you dont get that, unless you go in and ask for a copy

[guzzleguts]

Well they didnt comply with what the court ordered, they only sent majority of statements no DN or evidence of service and the same MF copy of agreement not a copy of the original like the court ordered.

 

And they are asking for me to withdraw my defence and pay them monthly

I am still tickled by that, even hours after reading it.

 

Let me know what you think CCM or anyone.

 

GG

[creditcardmug]

Well they would ask you to withdraw your defence wouldn't they:rolleyes:....when is their 14 days up?, perhaps you should go on the offensive now?

It may be a good idea to make a formal application to have their claim struck out, if they haven't complied with the judges order.

 

You need form N244 to do that, and you have to prepare a witness statement to go with it

I haven't done this before myself, so maybe others can help with it.

[guzzleguts]

Hi CCM

 

Their 14 days are up on the 14th so they may send more info, but is it poss they may send the court some other doc's they havent sent me, or am i being paranoid.

 

No probs doing the n244 done the same with my MBNA claim, but will ask you for advice on the wording if thats ok.

 

GG

[creditcardmug]

Hi CCM

 

Their 14 days are up on the 14th so they may send more info, but is it poss they may send the court some other doc's they havent sent me, or am i being paranoid.

 

No probs doing the n244 done the same with my MBNA claim, but will ask you for advice on the wording if thats ok.

 

GG

 

I doubt it the order says file and serve, theres no milage in only filing at the court for them at this stage of the game.

Sure ask away

[guzzleguts]

The 14th is a sunday when should i ring the court on the monday 15th or the fri before 12th.

 

GG

[creditcardmug]

Why not prepare your application, in anticipation, and file it on the 15th

[guzzleguts]

Good idea, i take im asking the court to strike out their claim under CPR 3.4 or something to that effect, il have to look at my last one unless you have any pointers.

 

Thanks

 

GG

[guzzleguts]

Hi CCM

 

Application notice filed on the 15th june.

 

see what happens now.

 

GG

[creditcardmug]

Well done for filing the AN, i have never done it, but it seems to be the way to go on here now, please keep us informed

[guzzleguts]

CCM need to PM you could you clear some space please.

 

Thanks

 

GG

[citizenB]

Hi GG,

 

I have asked the site team for their advice. I would say if there is a discrepancy in the documents you have been sent then you should let the court know, however I am not sure how you would do that.

 

Have the courts said they will contact you tomorrow ?

[guzzleguts]

No they havent said they will, i thought they might in light of my AN and the late arrival of their doc's at the court they havent fully complied anyway.

 

GG

[guzzleguts]

Thanks for trying CB, il wait and see what the court says re the AN and their doc's that have turned up late.

 

And hopefully CCM looks in and clears some space on his PM box.

 

GG