Civil Procedure Rules

[nitecard]

We have a long running dispute with TKMaxx and Retail Loss Prevention.

Not to go over old ground, but basically the CPS have decided there is no case to answer but TKM have decided to proceed with their civil action.

Can someone help with this:

Civil Procedure rules states:

"If no response is received by the claimant within the period of 28 days (or such other period as has been agreed between the parties), the claimant shall be entitled to commence proceedings without further compliance with this Protocol."

It also states: "The claimant shall provide a response to any counterclaim within the equivalent period allowed to the defendant to respond to the letter of claim under paragraph 4.3.1 above."

RLP wanted 21 days, we have not had a response to our last (of a series of) letter dated 17 January 2008, does this have a bearing??

We have also asked on several occasions for them to provide the evidence they claim to have they have yet to provide anything at all.

Thanks in advance.

[buzby]

Civil actions are pretty lax - any stated timings can be varied by the judge agreeing that for whatever reason, it could not be done within the original timeframe (unlike criminal cases). I can only speak for the process in Scotland, but here RLP usually go for a value, and then raise a small claims action to recover these costs ('civil recovery') from the alleged miscreant.

[grizzleguts]

I am sure you should ask for a CPR 18, which is a request for more information, as per the charges, get you solicitor, or contact the court for advice

[nitecard]

we have not received any summons, just letters threatening court action.

[Bookworm]

3 threads merged, please stay on the one thread, it makes things easier to follow.

I'm not sure what you're asking here, but the claimant being RLP, unless I am mistaken, they have gone well over 28 days before starting court action (if they do) since the time of the alleged incident and further communications. As for counterclaim, you can't have one of they haven't started legal proceedings, so I am even more confused.

To clarify: The claimant must allow a certain period of time to try and settle a dispute without resorting to court action. That acceptable period of time is defined as 1 month from first contacting the defendant to request payment of the monies due. Once the month is gone, the claimant can then initiate court proceedings without fear of the judge deeming them vexatious (as regards timescales anyway).

You should respond to them in with something on the lines of: "any action you may contemplate will be vigorously defended". In other words, "bring it on!"

[nitecard]

Thanks Bookworm

Yes, you are right, there is no counterclaim, I meant our last communication to RLP denying any wrongdoing.

What I am trying to find out is, that, given they have not responded to our last letter for over two months, are they in breach of the CPR?

Our approach has always been, as you say, bring it on as there is no evidence and the CPS has said no chance of a prosecution.

It's outrageous that innocent people with an unblemished record can be treated in this way.

[Bookworm]

No, the CPR do not apply to pre-litigation protocol.

[nitecard]

Thanks, does the same apply to them not supplying evidence, or are they only bound to that after proceedings have commenced?

[Bookworm]

Yes.