Guido T v Lloyds TSB ***DEFENCE STRUCK OUT - WON****

[innocent]

Looking good (and interesting)......

 

 

Innocent

[GaryH]

Hi GT,

 

Got your e-mail, although I haven't had a proper read as yet - will do tomorrow. Looks excellent though, particularly section 20 which is interesting.

 

Good job.

[GuidoT]

Thanks Gary, was not even sure if you had received it.

[GuidoT]

Invariably when Lloyds do not provide their documents (as the New Strategy) I require the defence to be struck out and judgement entered for the full sum as the DJ has ordered.

 

The latest date that Lloyds have to provide their documents is the 14 May 2007. I have a hearing on the 19 July and would therefore like to have judgement for the full sum prior to then.

 

Knowing how slow the courts are, I would like to speed up obtaining judgement if I can, rather than just leave it trundle on.

 

I see there are various options, but I am not sure which is most appropriate, viz:

1. Complete form N205A

2. Complete form N227

3. Write a letter asking for a strike out as 3.4(2)© of the CPR and judgement as 3.5(2) of the CPR

 

This is really not my field, anyone any advice?

[GuidoT]

Bump

[GaryH]

I'd hand in a letter such as this - http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html#post757475, alongside the request for judgement form.

[GuidoT]

I have read both judgement forms N205A and N227 and neither seem appropriate, as they relate to a defence not having been filed.

 

I require the defence struck out as the SCM have failed to comply with the New Strategy order directions, a defence has been filed.

 

Any advice?

 

Can I amend the forms in manuscript to suit?

[GuidoT]

I checked with counsel I know and he said neither form above is appropriate and as far as he knows there is no such form.

 

He said complete an Application Notice, form N244, with the details. However, this needs to be served on SCM and I do not fancy alerting them to the matter - although it is unlikely they will do anything about it.

 

Unless anyone has any better suggestions I am going to just issue a letter.

[GaryH]

I've always advised people to use either of the judgement request forms, with no problems as yet.

[GuidoT]

Sent this letter today:

 

'I refer to the matter above and the order made by District Judge Rhodes dated x 2007 – copy enclosed.

 

I advise the court that the Defendant has not complied with the said order, in that it has not served its evidence, or any such documents, as specifically directed. I confirm that my documents were both filed and served pursuant to the terms of the order on x 2007, per the enclosed covering letter stamped by the court on that day.

 

Accordingly, as the said order states ‘If the defendant fails to comply with this order, the defence will be struck out without further order’, it is requested that the defence of the Defendant is struck out forthwith and judgement entered in favour of the Claimant for the full sum claimed of £x, i.e. £x (initial claim) + £100 (AQ fee) + (x x £xp) (number of days until the date of this letter x daily interest accrued).

 

In view of the Defendants abuse of process I will be seeking payment of costs and will forward details to the court shortly.'

[daisy_bumbleroot]

Send this letter today:

 

'I refer to the matter above and the order made by District Judge Rhodes dated x 2007 – copy enclosed.

 

I advise the court that the Defendant has not complied with the said order, in that it has not served its evidence, or any such documents, as specifically directed. I confirm that my documents were both filed and served pursuant to the terms of the order on x 2007, per the enclosed covering letter stamped by the court on that day.

 

Accordingly, as the said order states ‘If the defendant fails to comply with this order, the defence will be struck out without further order’, it is requested that the defence of the Defendant is struck out forthwith and judgement entered in favour of the Claimant for the full sum claimed of £x, i.e. £x (initial claim) + £100 (AQ fee) + (x x £xp) (number of days until the date of this letter x daily interest accrued).

 

In view of the Defendants abuse of process I will be seeking payment of costs and will forward details to the court shortly.'

I might nick this if thats ok, my defence should have been struck out ages ago too, and I really cant wait til 12th June...

 

Actually, i wont because Ive already sent a letter, and nothing has happened. Sorry for butting in.

[Memnoch]

Hey GT, in your Statement you have a list of documents you refer back to, could you possibly provide a link to these docs or host them on a website for others perusal please.

 

I have tried to find a few of them but have not been able to.

[Memnoch]

Cant pm you GT due to you having too many PM's in your inbox

[GuidoT]

Sorry, should be space now.

[innocent]

Any news???

 

With me....... Lloyds haven't filed their aq

 

Awaiting a decision from my judge

 

 

Innocent:D

[GuidoT]

No news.

 

I do not expect to hear from the court for another 2 or 3 weeks.

[GaryH]

Watford seem to be slow to act when the disclosure orders are defaulted on. Daisy Bumbleroot had the same.

[GuidoT]

Received an order today that goes:

 

'1. Unless the defendant complies with paragraph 2 of the directions made on x April 2007, until x June 2007, the defence will be struck out and judgement may be entered for the claimant.

 

2. This order was made without a hearing. Any party affected by it may apply within 7 days of service for it to be set aside, varied or stayed.'

 

The DJ has given them another chance (further 2 weeks) to file their documents and invariably SCM will do nothing. Do not like the 'may' part, what else is the DJ going to do?

[innocent]

Hi again

 

[problem] are a shambles! I wonder whether they are doing it deliberately, absuing the court process or whether they are just "snowed" under??

 

Probably BOTH!!!

 

I hope you get a judgement soon..... just so you can moce onwards...

 

Innocent

[GuidoT]

It is deliberate, they will not produce the new strategy documents or any form of court bundle.

[GaryH]

Very annoying, and also very disappointing that the judge hasn't kept to the terms of his own order - but at least you know they can only delay the inevitable for so long.

[GuidoT]

I am going to send this letter to the court:

 

'I refer to the matter above and the unless order made by District Judge x dated May 2007 – copy enclosed.

 

I advise the court that the Defendant has, despite being afforded a further opportunity, not complied with the said order, in that it has not served its evidence, or any such documents, as specifically directed.

 

In view of the above please find attached a copy of my request for judgement.'

 

My request for judgement consists of form N225:

http://www.hmcourts-service.gov.uk/news/forms/docs/n225_0406.pdf

 

In addition to inserting the number on the form, box A is ticked on the basis that a defence has not been filed. Whilst the standard 9 point defence has been filed, the defence extends to include documents that the judge has requested which have not be filed, therefore based on that premise box A can be ticked.

[PeterAnderson]

Just subscribing -

[GuidoT]

Although a little early, I plan on requesting costs as the template on this site, however I have added the following to the letter to the court:

 

'I am aware of orders issued by the courts stating that the Defendant is abusing the court process under claim refs. 6Q, 6Q, 6N and 7N. The wording of these orders is similar and I attach a copy of the last referenced order.

 

Further, in relation to my claim, the Defendant acted vexatiously and to evidence such I rely on the following:

a) The Defendant in its Allocation Questionnaire requested a stay to settle the matter. The Court granted a stay in its order dated x 2007 and the Defendant made no attempt to settle the matter, despite the Claimant attempting to initiate dialogue in its letter dated x 2007

b) The Defendant failed to respond to point 2 of the of the Court’s order dated x 2007 and provide the required documentation

c) The Defendant failed to respond to the Court’s order dated x and provide the required documentation

 

Again this is typical of the Defendant’s approach in other cases of which I am aware.

 

In support of the above, I rely on the following cases and include abstracts from Westlaw UK where conduct has been held be unreasonable and worthy of an adverse costs order:

 

a) Whybrow v Kentish Bus & Coach Ltd, dragging out a claim and denying liability with no basis for doing so, until the day before trial, so as to deprive the claimant of his money for a substantial period

b) Mahmood v Watson, a party was contesting liability until a very late stage before conceding liability

c) Bashir v Hanson, in the case of dishonesty

 

 

I appreciate that as these judgements are in a court of first instance that they are not binding on other cases. However, given that the subject of costs on the small claims track is likely to result in a county court judgements there is unlikely to be any binding authority on the issue.'

 

Does anyone have anything further that I could add to reinforce my position - we will forget about the Berwick case for now.

[GuidoT]

Bump.