Three Mobile / Lowell / Dryden court claim

[DonkeyB]

Agree, but can’t this be done at AQ stage?

[Andyorch]

It should have been done at Defence stage

[DonkeyB]

Hi Andy

 

But, of course, it wasn’t – so is it better to wait for AQs or find the dosh for a strike out? Or write a letter and hope the court will act?

[Andyorch]

Not knowing the thread DB and just sticking my nose in....has the claimant been given permission/ordered to amend the P.o.C?

[DonkeyB]

No. No request or order. Just chugging along on the original PoC, but they have sent a letter admitting the PoC is flawed.

 

The Q is when and how to attack their position.

[Andyorch]

Using Mikes reasoning above it can be done now with the DQ (attach application) but thats with a fee £80...using Mikes method above you could submit a WS and convince the court to SO of its own initiative CPR 3

[Mike_hawk]

Has the other side served copy dq thunderballs?

[thunderballs]

It should have been done at Defence stage

 

Their admission didn't arrive until after my defence was in.

[Andyorch]

Their admission didn't arrive until after my defence was in.

 

 

 

Can you point me or post this admission thunder?

[Mike_hawk]

Has the other side served copy dq thunderballs?

 

Should really qualify the question, has the claimant given any indication that it has applied for relief to amend?

[thunderballs]

Has the other side served copy dq thunderballs?

 

Sorry - having trouble accessing my document scans at the minute.

 

Mine's done - but if theirs is supposed to come directly from them, then no.

 

I did get a small claims mediation form, but no other forms after that - that admission letter from them is literally the last thing I got from them.

[thunderballs]

Should really qualify the question, has the claimant given any indication that it has applied for relief to amend?

 

No, nothing at all.

[thunderballs]

Can you point me or post this admission thunder?

 

Post 46 in this thread expands on it.

[Mike_hawk]

No, nothing at all.

 

Balls in your court ( excuse the pun), one of you needs to bubble the other or you'll both come out of it looking a tad disingenuous.

 

Would be helpful to see the full content of its correspondence just in case there's something within which could prejudice your defence.

[thunderballs]

Balls in your court ( excuse the pun), one of you needs to bubble the other or you'll both come out of it looking a tad disingenuous.

 

Would be helpful to see the full content of its correspondence just in case there's something within which could prejudice your defence.

 

I'll need to sift through the ol' paperwork as well, which I'll need to do around the same time later today - I have a habit of keeping correspondence like that, and I've certainly kept everything relating to this.

 

But when you say 'something within which could prejudice my defence', what possible scenarios are there which could do that?

[Mike_hawk]

I'll need to sift through the ol' paperwork as well, which I'll need to do around the same time later today - I have a habit of keeping correspondence like that, and I've certainly kept everything relating to this.

 

But when you say 'something within which could prejudice my defence', what possible scenarios are there which could do that?

 

Any indication it sought your agreement to amend. To be fair, it doesn't excuse it for not advising the court at DQ filing.

 

The idea behind filing the w/s prior to the court serving directions is to hilite the claimants absence of cause and its reluctance to notify the court.

 

Assuming all is in order and you file additional info the court 'should' either s/o or direct the claimant to plead amended particulars.

 

The former is preferred, the latter means you're back to square one but with the possibility of costs.

[DonkeyB]

Agree, Mike. Even if the court ignores your letter/WS (which it often will, because it prefers an application with a fee), at any further stage you could point out that you DID inform the court of the issue, and that you should not be prejudiced as a result, nor subject to costs as it is the claimant who has breached CPR.

[DonkeyB]

I think what you have here is a claimant with a typical contempt for the average defendant.

[thunderballs]

Balls in your court ( excuse the pun), one of you needs to bubble the other or you'll both come out of it looking a tad disingenuous.

 

Would be helpful to see the full content of its correspondence just in case there's something within which could prejudice your defence.

 

I'm due to pay a personal visit to the court office in the next few days (just for info), but I've just sent you (and a couple of other posters as well) a PM which contains more about that letter I mentioned before.

 

At this stage, I'd rather that the content of the letter wasn't made public - but once the letter's served its purpose, I've no objection to making it available if it helps others in the same boat.

[Mike_hawk]

I believe the court may take the position the other side has stated enough within its poc (original creditor, quantum, default, assignment) to allow the case to continue, albeit with perhaps a gentle nudge by way of general order to plead/disclose the instrument giving it cause and provide relief for you to amend your defence.

 

If you say nothing it'll get steamrollered through at trial

 

I think I'd be drafting the w/s to provide the court with enough information to provide it with 2 distinct alternate remedies... Strike out or amend with costs to date in your favour.

[DonkeyB]

Agree with Mike_hawk. Get your revenge in first.

 

The judge may give them some leeway possibly, but probably much, much less if you point out their failings and they then fail to respond and apply to amend the PoC.

 

Foremost in the judge’s mind will be ‘do you owe the money’?

 

So back to some original Qs – have you had the SAR fulfilled yet? Have Drydens sent any of the requested documentation? We haven’t actually discussed the actual alleged debt yet, which might actually be useful...

[DonkeyB]

Of course, if they do apply to amend the PoC, and it’s allowed, what would your defence then become? So time for some pressure on the SAR front.

 

They might now ignore your CPR request, I imagine, until they are directed to disclose by the court, so it may be worth chasing them for the info they ‘promised’, so you get an idea of how they are playing the game.

[thunderballs]

Agree with Mike_hawk. Get your revenge in first.

 

The judge may give them some leeway possibly, but probably much, much less if you point out their failings and they then fail to respond and apply to amend the PoC.

 

Foremost in the judge’s mind will be ‘do you owe the money’?

 

So back to some original Qs – have you had the SAR fulfilled yet? Have Drydens sent any of the requested documentation? We haven’t actually discussed the actual alleged debt yet, which might actually be useful...

 

I've not been asked to complete an Allocations Questionnaire as of yet, and the case has only just gone to my local court. Could the scant correspondence I have received from 'their side' be included with the statement?

[Mike_hawk]

I've not been asked to complete an Allocations Questionnaire as of yet, and the case has only just gone to my local court. Could the scant correspondence I have received from 'their side' be included with the statement?

 

Court will allocate based on DQ filing if no objection from either party, in reality it has already made that decision due to quantum. Yes, include copy admission with w/s and reference to it as attached exhibit.

[thunderballs]

I believe the court may take the position the other side has stated enough within its poc (original creditor, quantum, default, assignment) to allow the case to continue, albeit with perhaps a gentle nudge by way of general order to plead/disclose the instrument giving it cause and provide relief for you to amend your defence.

 

If you say nothing it'll get steamrollered through at trial

 

I think I'd be drafting the w/s to provide the court with enough information to provide it with 2 distinct alternate remedies... Strike out or amend with costs to date in your favour.

 

I'll send a written statement via PM, but could you expand on what you mean by the bold/italics part (apart from the original creditor).