Goosedale WEDDING VENUE REFUSING REFUND *** Settled by Tomlin Order***

[Andyorch]

Its simply conformation that there is now a second claimant in the case..as per your application and costs allowed.Now we are back on track.I think its important that you advise the court re Mrs as opposed to Mr..this may be important at a later stage should you have need to enforce the judgment.

 

They have not confirmed that the new particulars have been issued...or whether you should serve a copy on the defendant...you can seek clarity on that when you speak to the court re Mrs/Mr..... ask if the court intends to serve the amended particulars of issue further directions.?

[Andyorch]

Fine ...just a slight tweak above in red.

[Andyorch]

Have you yet to receive the courts Notice of Allocation (N157) with directions and hearing date or have you already had it.....?

[Andyorch]

When you actually get your N180...you can submit a note on it for dates unavailable...

[Andyorch]

4 hours ago, intree said:

Hi Andy no I have not received anything from the Court at all, further to my email on 18/19 November 2020.

 

I have just been told the working pattern from my employer so was just thinking I should tell the court I am not available on the dates above as I will be working away from my local area.

 

keep checking with the court to see if they have served the amended particulars...or if the court wants you to serve them.....until this happens it wont go to allocation.

[Andyorch]

Good so the defendant has time to submit a further defence...the court will advise if they have  or if not what will happen next.

[Andyorch]

Yes simply follow the order by dates...you file and serve...so thats one to the court and one on the defendant

[Andyorch]

Quote

Thank you Andy, do I just send the particulars of claim, we sent to the court as before  Yes and can I send these by email or will they need to be Recorded delivery, Do you have the defendants email ?...if so yes but I would also send a hard copy  do I send to the Court or to the defendants Already stated one to the court one to the defendant one for your file or 3 copies to the Court, sorry for all the questions.

 

Andy

[Andyorch]

I personally would do it now...Monday is cutting it a bit close.

[Andyorch]

 Get proof of postage ...

[Andyorch]

On 01/01/2021 at 16:02, intree said:

I can confirm that I have received their embarrassed type defence from a Firm of solicitors in Liverpool on their behalf,

 

Have you been officially informed by the court and defendant ?

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part42

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part42/pd_part42

 

[Andyorch]

Check with your County Court to see if they have received same (Defence).....also check to see if they have sought permission to use/change Legal Counsel.

 

Inform the court the court you wish to proceed with the claim (if you have not already received a Directions Questionnaire) 

 

There is is no requirement to respond to the defence at this stage.

[Andyorch]

Quote

2) Confirm that the Defendant have sought permission from the Court to use/change Legal Counsel. Pursuant to CPR 42 and Practice Direction 42 (1.2 /1a/b)

 

[Andyorch]

I expect that by now you have received the Proposed Notice of Allocation to Small claims track.

 

This must be completed and filed and served by the date stated....not before!!

 

 

 

[Andyorch]

The DQ is fairly straight forward to complete....post here if there is anything your unsure of.It must be filed at the court by 25th 4.00pm and a copy served on the Solicitor assuming you have conformation by the court that they have been granted permission to act for the defendant by that date.....otherwise do not serve a copy as this could be a breach of the DPA.

 

 

[Andyorch]

There may be no hearing if they don't file it by the date stated...you get judgment.

 

DQs should have been filed by the 25th Jan...Court Order dated 16th Feb allowing until 2nd March

Defendant is now 3.5 weeks late and allowed a further 2 weeks....5 weeks in all.

 

Notice the order states that it has been made without a hearing so you are fully entitled to have to order stayed or set a side...involves more fees though (n244) 

 

CPR 26 is quite clear ,,,

 

(7A) If a claim is a claim to which rule 26.2A applies and a party does not comply with the notice served under rule 26.3(1) by the date specified –

 

(a) the court will serve a further notice on that party, requiring them to comply within 7 days; and

 

(b) if that party fails to comply with the notice served under subparagraph (a), the party’s statement of case will be struck out without further order of the court.

 

(8) If a claim is a claim to which rule 26.2 applies and a party does not comply with the notice served under rule 26.3(1) by the date specified, the court will make such order as it considers appropriate, including –

 

(a) an order for directions;

(b) an order striking out the claim;

(c) an order striking out the defence and entering judgment; or

(d) listing the case for a case management conference.

(9) Omitted

 

(10) Where a case has been struck out under rule 26.3(7A)(b) or an order has been made under 26.3(8), a party who was in default will not normally be entitled to an order for the costs of any application to set aside or vary that order nor of attending any case management conference and will, unless the court thinks it unjust to do so, be ordered to pay the costs that the default caused to any other party.

[Andyorch]

Post moved to your own topic.

 

Can you also please scan redact and upload a copy of the defendants DQ.

 

Andy

[Andyorch]

Post moved to your own topic.

[Andyorch]

Understandable.... but if we can get back to the matters in hand....please can you scan redact and upload a copy of the defendants DQ n180.

[Andyorch]

Not to worry...I thought you had received a further DQ re Unless Order.

 

Going back to the N157...obviously this will now be a remote hearing by way of teleconference. Not ideal but it is what it is and your Court has not offered you the opportunity to vary it....unlike most other cases on here.

 

The directions are straight forward and self explanatory...it is vital you file and serve on time as stated by the dates.

 

Witness statements are quite easy to draft but they must be in the correct format and compliance that the court require. Its a particularised version in your own words and account of the dispute in support of your particulars of claim. If you refer to a document within the statement you must mark it accordingly and that will become a numbered exhibit which you will attach to the statement and if numerous exhibits you prepare a legend sheet with them named and numbered.  That is your disclosure.

 

 

You will have to duplicate the above given there are two claimants.

 

Re Litigant in Person Costs .....this list must be prepared and served on the defendant not less than 2 days pre hearing.

 

With regards to costs see CPR 46 and 46.5

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-46-costs-special-cases#46.5

 

And CPR 27.14 given this is Small Claims Track.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14

 

 

 

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[Andyorch]

Post your draft witness statement/exhibits list here in PDF format when ready and I will run through it and make any necessary amendments if required.

 

Andy

[Andyorch]

The only documents you can disclose are documents you have referred to in either your initial particulars or the statement you are about to draft..IE so in your statement you refer to a particular document you finish that paragraph with (See exhibit 1a 1b 1c etc etc....so if its in neither ...its not admissible as standard disclosure,

 

The protocol you refer to is okay although the statement of truth is outdated.

 

Andy.

 

 

 

 

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[Andyorch]

Very good you seem to have covered all points on which your claim relies upon. Now with regards to the above and witness statements only you and daughter can submit statements and evidence...as joint claimant's. Your husband can be referred to in the above statement but will not be required to submit a statement.....unless you named him on your DQ as a Witness.....so on your DQ it would have stated 2 witness's (yourself and husband)...your daughters DQ should have stated 1 witness (herself). 

 

I cant really advise to add anything further to the above....just make sure you prepare a disclosure table list and that you have marked in the statement at the appropriate points the exhibit number you are referring to.

 

3 Copies must be prepared...Court/Defendant/ Self.  file.

 

Andy

 

 

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[Andyorch]

Thanks for the update ......so with regards to costs...all costs in the small claim track are legislated pursuant to CPR 27.14.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14

 

To a degree mostly fixed pursuant to  CPR 45 but if you look at 27.14 g can be awarded above and at the discretion of the court if a party has been unreasonable.....but that is normally by way of having the costs assessed.

 

The procedure is to request costs in the conclusion of your statement, do not state a figure, just request costs in the claim.

You then must prepare a bill of costs, this is an itemised breakdown list of how the costs were incurred. This must be served on the defendant not less than 3 days pre hearing and filled with the court.

 

Refer to link above what is normally claimable , but also don't forget to add any application fees, travelling and parking fees etc and also if time is taken away from employment providing you can disclose a letter from your employer you can also claim up to £90 per day for lost wages.

 

[Andyorch]

Quote

 I also will list that the defendant owes interest at the rate specified on the claim form at a daily rate together with costs of £105, awarded to me, for him forcing me to add my daughter to the claim.

 

leave the interest due element on debt claim to the court to deal with at judgment...that will be auto added to the judgment ....costs are a separate matter and will be dealt with as so.