Barry v Swift (Court date 29/01/07) *Lost*

[gizmo111]

barry I thought you could only do this if you had an ongoing claim?

[Barry Paul]

Hi gizmo,

 

I sent this letter & request to the Defendants of the 4 claims I still have ongoing.

 

Thanks

 

Barry

[Barry Paul]

Yes Glenn I was but all sorted now.

 

Thanks

 

Barry

[gizmo111]

Hi gizmo,

 

I sent this letter & request to the Defendants of the 4 claims I still have ongoing.

 

Thanks

 

Barry

 

I see.

[Barry Paul]

Hi ANNALH,

 

From my experience I would do a formal Part 18 request & then an application for an order when they don't comply.

 

The Judge in my case acknowledged that I had asked for a disclosure order in my Allocation Questionaire. But still he would only have issued one if I had of made an official application.

 

Hope this helps.

 

Barry

[paulpb123]

Barry,

Are these claims all for ERCs? If any of them are, they might respond simply by stating that there have not been any contractual breaches and they are therefore not required to provide any information. Just a thought.

Paul

[dolly]

Edited - wrong thread!

[kennyh]

Glenn, Thanks for the advice. Do I run the risk of over 'muddying' the waters if I issue a CPR 18 request on Monday and find that they've filed a defence then (or then abouts according to the experience of an increasing number).

[Glenn UK]

I would wait till they file their defence because thats what you are asking for clarification and further information about.

 

Sorry my earlier post wasn't quite correct ill go back and edit it for clarification.

 

HTH

 

Glenn

[kennyh]

Thanks Glenn - understood

[zootscoot]

Hi Barry,

 

I'm not sure that your Part 18 request covers all bases. You would need to also include factors relating to how they reached the genuine pre-estimate.

 

Also do you not already have the list of charges?

[Barry Paul]

Hi paulpb123,

 

No none of my claims are for ERC's. Yet!

 

Barry

[Barry Paul]

Hi Zoot,

 

Yes I do already have a list of charges for 3 of my current claims but I included this request for them again so that when in court they cannot pull something out of the hat & then say that the details are privildged information. I was just trying to cover all the bases.

 

In my 4th current claim they refused to give me any charges information. So I went with an estimate based on some statements I had.

 

I take on-board what you say about asking for info on how they reached a genuine pre-estimate & I'll include this for future requests. As for these 4 current requests, I think I'll wait & see what they respond with, I did ask in point 3 for a full explanation for their costs.

 

Thanks for your assistance.

 

Barry

[HALIBUNNY]

Hi Barry and all you fantastic contributors. Firstly my admiration goes to Barry for his wonderful positive attitude. You are an inspiration.

 

After those niceties (sincerely meant) Barry seems to be raising an issue of some great importance if I am reading it correctly. Now I am new to all this, so please tell me if I am writing rubbish. If I am reading this correctly is it being said that before one takes anyone to court whether it is to reclaim a bank charge (eg late payment) or credit card charge one should send a cpr section 18 to the bank first? If this is what is coming out of all this, this needs to be put in the FAQ about how to go about a claim pretty sharpish doesn't it? Otherwise isn't there a danger people could be caught out like Barry was with his ERC but instead when they are reclaiming 'NORMAL' bank charges?

 

If I'm barking up the wrong tree here then I apologise but if I'm right it affects every OTHER SORT OF CLAIM doesn't it?

 

Humbly yours

 

Halibunny

[kennyh]

Hi,

I believe one of our revered advisers said that a CPR18 request for further information should (logically) only be issued once 'they' have filed their defence since 'they' will not have voluntarily offered the information you are requesting. Normally at AQ stage but I, too, am open to correction.