Claim Form received from Lowell for Three Mobile

[AndyOrch]

Hi Andy,

 

I am a bit confused here.

 

What sort of docs will I be expected to disclose? Not much from the defendants stance...just your CPR request and any response (if you made one)

 

At what stage is the bundle required? Have you been directed to submit a bundle?...normally bundles are for far more complicated cases and fast track claims

The hearing date is also in the the Notice of Allocation.

 

Sorry for being slow.

 

Dot

 

Andy

[Dot1]

Andy

 

Hi Andy,

 

Sorry for the delay in responding.

 

Thanks for the information.

 

The direction did not mention anything to do with Bundle.

 

All it directed is as in post #37.

 

 

Dot

[AndyOrch]

I know ...so why do you keep asking about bundle?

[Dot1]

I know ...so why do you keep asking about bundle?

 

I do not know Andy to be honest but for some reason, I thought all cases required one.

 

I must say though that I am pleased to know that I do not need one for this case.

 

Dot

[Dot1]

Just wanted to find out what I should do, if any, as it appears that the claimant has not sent me any documents they intend to rely on. I have not yet spoken to court but will be doing that at some point today.

 

In case they fail to comply which as far as I am concerned they have, what options do I have?

 

Any suggestion?

[AndyOrch]

Just ask them to impose sanctions as the claimant has failed to comply with the courts directions Dot

[Dot1]

Just ask them to impose sanctions as the claimant has failed to comply with the courts directions Dot

 

Thank you Andy.

 

Dot

[Dot1]

Sorry Andy,

 

Would that require an application or just a letter?

 

Any templates please?

 

Dot

[AndyOrch]

If its an informal request...and it does not state within your Notice of Allocation any reference to what happens if a party fails to adhere...keep it informal and just state by phone.

If it does mentions sanctions in the NoA then ideally it should be requested by way of an N244 with fee.

[Dot1]

If its an informal request...and it does not state within your Notice of Allocation any reference to what happens if a party fails to adhere...keep it informal and just state by phone.

If it does mentions sanctions in the NoA then ideally it should be requested by way of an N244 with fee.

 

Thanks ,

 

I will do that and update.

 

Dot

[Dot1]

Andy,

 

If the sanction is granted, what happen next please?

 

Dot

[AndyOrch]

Sanctions can be many things....or else orders or costs...even claim struck out.What Sanction have they imposed?

[Dot1]

Sanctions can be many things....or else orders or costs...even claim struck out.What Sanction have they imposed?

 

Hi Andy,

 

No sanctions imposed but just wanted to find out know what would happen.

 

Anyway, that will not happen now as it turned out that they did comply.

 

They have submitted a WS and a couple pages of what they referred as Exhibits. The direction did mention WS but they have produced one.

What should I do?

 

Do I need one too?

 

Should I prepare one too and post it to court or take it along to the hearing?

 

This is made up of one of their letters which they are claiming to be from the Original Creditor and a Statement of Account from themselves.

 

I will post their WS shortly.

 

Below is what they stated in their covering letter;

 

We write further to the above matter.

 

Please find enclosed, by way of service, the Claimant's witness statement together with exhibits.

 

The Claimant witness statement has also been file with the court today.

 

please note that the Claimant will not be represented at the Hearing and will seek to rely on the enclosed evidence. We confirm we have notified the Court regarding the Claimant's non-attendance.

 

Yours Sincerely,

BC Sols.

 

 

Dot

[Dot1]

Below is the Claimant's Witness Statement and "Letter of Assignment"

 

Thanks for looking and your opinion.

 

Dot

[dx100uk]

can you not put the 4 JPG's into a multipage word doc in the right order

then Print to PDF and attach that?

 

 

dx

[Dot1]

can you not put the 4 JPG's into a multipage word doc in the right order

then Print to PDF and attach that?

 

 

dx

 

OK Dx,

 

I will try.

 

Thanks

[Dot1]

Just an update.

 

Wrote a letter to court requesting that the hearing is transferred back to my uncle's local court, today a letter from court received. The case is adjourned until September 2015 at the local court.

 

The Order reads:

 

Upon reading a letter from the Defendant dated Mach 2015 and without notice.

 

IT IS ORDERED THAT

 

1 The small claims listed for April 2015 be adjourned to September 2015 at 10.00am before a Deputy District Judge at the County Court at Local.

 

Time estimate: 1 hour 30 Minutes.

 

 

Dated.

 

 

CPR 23 (9) (3)

 

1 A person who was not served with a copy of the application notice before an order was made under Rule 23.9, may apply to have the order set aside or varied.

 

2 An application under this Rule must be made within 7 days after the date on which the order was served on the person making the application.

 

Is there any action required?

[AndyOrch]

So its back where it should be Dot?

[Dot1]

So its back where it should be Dot?

 

Yes Andy, it is, except adjourned until September.

 

The claimant said they were not going to attend but provided a witness statement.

 

What is your opinion on that?

 

Will I require a WS too or not?

 

Dot

[AndyOrch]

Depends if you have been instructed to within your directions...they are just submitting one as its the norm when they dont wish/cant attend.......very risky though...make sure you are there early...should be in and out in 10 mins...claim dismissed.

[Dot1]

Depends if you have been instructed to within your directions...they are just submitting one as its the norm when they dont wish/cant attend.......very risky though...make sure you are there early...should be in and out in 10 mins...claim dismissed.

 

Thanks Andy,

 

Will prepare for that as it is some 5-6 months to come.

 

Will try to prepare as much as I can.

 

Thanks