Arrow/shoos Ordinary Civil Bill [NI] - old HBOS Card debt

[jon8214]

Don't be contacting Shoosmith at the minute tell your friend to sit on their hands

 

we have a bit of time yet

 

With an NI claim the claimant must attach all their evidence to the claim form

 

Can you post up redacted copies of everything that your friend has received?

 

From - https://www.citizensadvice.org.uk/nireland/law-and-courts/legal-system/taking-legal-action/small-claims/small-claims-in-northern-ireland-ni/#h-starting-a-claim

 

In some circumstances, additional documents need to be attached to the particulars of claim. For example, if the claim is based on a written agreement, such as an agreement to purchase goods or services, a copy of the agreement should be attached to the statement of claim.

[jon8214]

All you need to redact are account numbers, reference numbers, names and addresses

 

leave dates etc for us to see

[jon8214]

DX im investigating how to request documents from a claimant in NI small claims the same was as a CPR in E&W

[jon8214]

Andy, DX ive found under The County Court (Amendment) Rules (Northern Ireland) 2013 -

 

6. In Order 5 for rule 3 substitute—

 

“Notice for further particulars

 

3.—(1) In any case to which Rule 2(4) does not apply, the defendant may require the plaintiff, by notice in writing served within 14 days after service of the notice of intention to defend, to furnish further particulars of claim within 14 days of service of the notice for particulars.

 

(2) In any case to which Rule 2(4) does not apply, the plaintiff may require the defendant by notice in writing served within 14 days after service of the particulars of claim or where no notice for further particulars of claim has been served, within 14 days of service of the notice of intention to defend, to furnish particulars of any defence, set off or counterclaim within 14 days of service of the notice for particulars.

 

(3) Where under paragraphs (1) and (2) particulars have been duly required and—

 

(a)have not been furnished within the time specified in the notice; or

(b)if furnished, are in the opinion of the judge or district judge insufficient;

the judge or district judge may make such order as he thinks just including, in particular, an order that the proceedings be dismissed or, as the case may be, an order that the notice of intention to defend be struck out and judgment be entered accordingly.

 

From the unammended Rules, rule 2 ,4 states -

 

2.-(1) The plaintiff shall set out in his civil bill particulars of his claim

 

(4) A plaintiff suing for the recovery of a book or shop debt or other running account shall, unless such particulars ate adequately set out in the civil bill, furnish full particulars of his demand within a reasonable time before, or at the time of, the service of the civil bill; but the judge may dispense with this requirement if in any case he is satisfied that it is unnecessary.

 

 

I think this Rule is the equivalent of the CPR 31:14 that is used in E&W

 

I wouldn't have the knowledge of legal speak to be able to reference this in a letter to the claimant but maybe one of you can?

 

it seems that you can only request the documents after the claimant has served notice of his intention to defend.

 

it also appears that the claimant has 14 days to comply or else it can be struck out

[jon8214]

delete

[jon8214]

It goes to Arrow

[jon8214]

I’ve had a look for a form 42 as well and can’t find it

 

I live in NI I will call into my local court and see if I can get one from the clerk

 

I’ll also ask a few questions about the process

 

If Andy or DX require any particular info please let m know

 

Jon

[jon8214]

So, I finally got to the court today and unfortunately as Andy has suggest she advised that because it is a civil bill you would be best to get solicitor advice as the way it works over here is completely different and vastly more expensive if you lose in a civil bill case.

 

Sorry its not what everyone was looking for but she did say that if it was under £3000 it would have been a small claim and you would have been able to do it as a LiP

[jon8214]

yeah from what the clerk said you lodge your intention to defend and then then it gets listed for a hearing in the intervening time you can request the documentation from the claimants, it doesn't cost to request the docs because you sent it to the sole dierectly

 

it is when it goes to hearing you can state if the documents have been produced or not

 

the problem is, is if you loose the case you are liable for all the claimants costs and they can be quite high in NI

 

that is the reason it is recommended to get a solicitors advice on whether you have a realistic chance of winning

[jon8214]

The problem with my nearest court, Laganside in Belfast, it is all done over the phone so you don’t get to see the person face to face

 

But to clarify what she said-

 

You submit intention to defend online

 

Request documents from claimant

 

If not received in 28 days you can ask the judge to enforce the disclosure of documents, there are 2 ways to do this 1 is free the other is £125

 

Once documents are disclosed then you can file defence

 

And case runs as per judges directions, eg statement hearings etc

It seem pretty similar to E&W fast track

 

It can end up pretty expensive if you loose but the problem here is we have no document to gauge the strength of this claim against

 

I think it may be an idea to submit intention to defend and request docs

 

Then see what we can do from there, if they have a solid case then could be the time to speak about a settlement offer