Hoist/Cohen - Claimform old Cahoot flexi loan from 2001***Claim Discontinued***

[billyrayvalentine]

Just wanted to double-check something:

 

On my "notice of allocation to fast track" letter it says that I can inspect the original of a disclosable document. It then says:

 

"Any such request unless objected must be complied with within 14 days of the request"

 

What is 14 days (working days? exact days?)

Say they received my request on Sept 1, when is the deadline I should get info back? What if I get nothing or they miss the deadline, what next?

[Champollion]

Hi

 

You offered 3% of around £11k in full and final and the claimant says he will accept?

 

Pay the £330.00 odd pounds in accordance with the terms of your full and final settlement offer and that will be the end of the matter.

 

What were the terms of your full and final payment offer?

 

 

Champollion

[billyrayvalentine]

Too early to accept F&F, will see if they give up first, or not follow correct procedure.

 

Hi

 

You offered 3% of around £11k in full and final and the claimant says he will accept?

 

Too Early to accept their F&F - will see if they give up/not follow procedure yet.

 

Pay the £330.00 odd pounds in accordance with the terms of your full and final settlement offer and that will be the end of the matter.

 

What were the terms of your full and final payment offer?

 

 

Champollion

[Andyorch]

Just wanted to double-check something:

 

On my "notice of allocation to fast track" letter it says that I can inspect the original of a disclosable document. It then says:

 

"Any such request unless objected must be complied with within 14 days of the request"

 

What is 14 days (working days? exact days?)

Say they received my request on Sept 1, when is the deadline I should get info back? What if I get nothing or they miss the deadline, what next?

 

14 working days Billy...if they do not comply they are in breach of the court directions on disclosure.... you can request they be ordered to provide inspection.

 

See CPR 31....in particular CPR 31. 10

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31#31.3

 

Andy

[billyrayvalentine]

14 working days Billy...if they do not comply they are in breach of the court directions on disclosure.... you can request they be ordered to provide inspection.

 

See CPR 31....in particular CPR 31. 10

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31#31.3

 

Andy

 

14days have gone - Nothing received.

 

What are the next steps? Can this claim get thrown out of court for this reason?

[Andyorch]

You can inform the court....seek their guidance...ask for sanctions to be imposed

[billyrayvalentine]

I informed the court about non-disclosure - I am awaiting to hear back from them.

 

The next part of the "allocation to fast track..." schedule says that: "each party must serve and file a list of issues relevant to the search for and disclosure of electronically stored documents, or must confirm that there are no issues, following practice direction 31B"

 

What do I do for this part? Is it asking me about the documents I said I had available in N265, or should i use it as an opportunity to complain again about their non-disclosure of their N65 docs?

[billyrayvalentine]

***DISASTER***

 

Claimant reckons i have not sent them n265 form and missed deadline. With the judge now to decide.

 

I have proof of delivery of everything i have made and beat deadlines.

 

What do i do next?

[Andyorch]

But you have proof it was sent the evidence?

[billyrayvalentine]

Yes, I have special delivery tracking and the actual signed for signatures.

 

I faxed the court too, after i found out.

 

Not sure what to do next? I got the impression my file in on judges desk and awaiting his verdict. Really annoyed, as I feel like i have complied at every stage.

 

Can anyone help on this: "The next part of the "allocation to fast track..." schedule says that: "each party must serve and file a list of issues relevant to the search for and disclosure of electronically stored documents, or must confirm that there are no issues, following practice direction 31B""

 

What exactly do i send to the court at this stage? It needs to be in in 2 days.

[Andyorch]

Nothing...you have complied with directions...n265 ....disclosure ....witness statement?

[billyrayvalentine]

My witness statement has to be in a couple of weeks. But i did the rest.

I wrote and faxed the court my version of events. The claimant never sent me any docs I requested, so dont know where the case is at the moment.

[Andyorch]

Excellent Billy...so nothing further to advise and unsure of why you posted #108 above.

[billyrayvalentine]

What should i say on my witness statement if the claimant didn't honor my request to inspect documents?

[The Mould]

The Claimant has not complied with paragraph (state paragraph) of the Court order dated (state date) and has unreasonably refused my written request to inspect/disclose the documents upon which he relies.

 

Kind regards

 

The Mould

[billyrayvalentine]

*** Update ***

 

On Friday was the day when we were meant to exchange witness statements by 4pm. I submitted mine to the court and claimant (special del signed). Received nothing from them, so they have not complied with the judges directions.

 

Coincidentally, the claimant wants to accept a measly F&F offer, but wants me to sign a consent order. The consent order only mentions that they will discontinue proceedings and each party will bear their own costs. Doesnt mention that they cant sell to a 3rd party or re-litigate later.

 

Thoughts?

[Andyorch]

They never do state that Billy...but be careful with F&FS....any Consent should stress that the payment made and accepted concludes settlement of the debt and that any balance will be written off and no further claims or attempts be made to litigate in the future...if their proposals are genuine they shouldn't have a problem agreeing to that inclusion within the Consent.

 

Andy

[billyrayvalentine]

They never do state that Billy...but be careful with F&FS....any Consent should stress that the payment made and accepted concludes settlement of the debt and that any balance will be written off and no further claims or attempts be made to litigate in the future...if their proposals are genuine they shouldn't have a problem agreeing to that inclusion within the Consent.

 

Andy

 

Thanks Andy.

 

Do District judges throw many cases out for non-compliance? as this is the 2nd time the claimant has missed a major deadline, and not sent me anything. Furthermore, as i have not received a witness statement, no witnesses can give evidence on their side, so they cant present any evidence.

Am i right in making this conclusion?

[Andyorch]

Thanks Andy.

 

Do District judges throw many cases out for non-compliance? as this is the 2nd time the claimant has missed a major deadline, and not sent me anything. Furthermore, as i have not received a witness statement, no witnesses can give evidence on their side, so they cant present any evidence.

Am i right in making this conclusion?

 

Yes you are....hence their desire to settle by Consent ...before they discontinue their claim.

[billyrayvalentine]

Further to the consent order request for a full n final from the claimant, is there any consent order template on the site which makes it clear that:

 

its a full n final

Cant be re-litigated, sold on

Claim discontinued

No award to costs

 

Just dont want to sign something, which can come back to haunt me

 

I dont want to take a chance with the judge really as it appears all my protestations for non-compliance appear to have fallen on deaf ears really.

[Andyorch]

No templates as all consents are unique to the claim in question....you simply make proposals of how you want the consent to be drafted and what to include within in its schedule.

 

Andy

[billyrayvalentine]

**update**

 

I called the court and they said the judge said that either party must make an application & draft order if they wanted to vary proceedings.

 

In the meantime, my net deadline is in 1 months time,

which is submitting a listing questionnaire (pre-trial checklist), at the same time the claimant must pay a listing fee.

 

 

A cursory look at the at the listing questionnaire, means that i kind of need to make new directions by default as the other party hasnt complied.

 

What should I do about this next stage, and what application should i make?

 

Regards,

 

Billy

[billyrayvalentine]

If a claimant discontinued a claim, are LIP costs recoverable for completing cost/assessment forms (n522 form etc)?

 

Or do costs cease as soon as a notice of discontinuance is received?

[obiter dictum]

The last claim i had against me the DCA withdrew the claim. I pushed for costs with the solicitor and DCA with LIP Rates at £18.00 per hour

 

We agreed on £125.00 between us without going to court.

 

That was a sweet moment when i received the cheque from the DCA

 

I would suggest going that way first but wait for more replies as i am unsure on timescales to submit such an application to the court

[billyrayvalentine]

The last claim i had against me the DCA withdrew the claim. I pushed for costs with the solicitor and DCA with LIP Rates at £18.00 per hour

 

We agreed on £125.00 between us without going to court.

 

That was a sweet moment when i received the cheque from the DCA

 

I would suggest going that way first but wait for more replies as i am unsure on timescales to submit such an application to the court

 

What costs were you originally going for?

 

I think you have 3 months after the discontinuance to lodge a claim