Wandsworth2015
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Posts
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The claimant ignored all my requests for costs, despite the order, I also sent a follow up letter to the courts, I got no response. Based on the fact I now have no debt's, nobody chasing and I can just get on with my life, I guessed it was just best to move on in victory. thank you CAG, this and many others one even bigger issue were resolved with your help and I won in all cases, thank you. W
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thank you DX, your contribution has not gone missed, many thanks
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No problem, I'm on it! thanks guys
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Good point. I neglected to ask. It also wasn't mentioned. The sanctions were denied and the unless order stated the claimant shall pay costs, so I'm assuming it still stands. Do I wait for confirmation in writing from the courts or can I submit costs, something like as follows, what are your thoughts? The application to seek relief from sanctions was denied in the County Court, 3rd January 2017. Therefore, the claim stands struck out pursuant to the order of 5 October 2016, the claimant shall pay the defendant costs of the claim, expense sheet attached.
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Thanks Andy, we did it.... man that was stressful, a great start to 2017!
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The results of the case today The claimant stated that a case of a nervous breakdown was the reason for the breach, I requested evidence of the illness, but none was availble. The claimant stated that the breach was insignificant as that there was only one, I stated that continual breaches and the lack of disclosure meant it was prejudicial in this case. The claimant stated that the defendant was also in breach, I provided evidence that full disclosure had been submitted and evidence of postage was provided, the claimant withdrew this point. The claimant stated they had requested additional time during directions in the spirit of over-riding objective, I stated they the claimant requested additional time for mediation, but they neglected to contact me. The defendant suggested that the late payment of the court fee was also non-compliance and presented further evidence to highlight the point. In my closing statement, the claimant stated the debt was still owing. I had requested documents via CPR 31.14 and since this was denied, full disclosure was essential to prove the claimant had a case to present, regardless of what my position was to defend, with no documents, there was no case to defend. The case was a collection of failures by the claimant, many orders had been breached, including the unless order and had there been a case to submit, the actions of the claimant were prejudicial to the defence, as well as wasting judicial time and costs for all parties, a complete disregard for due process and therefore serious. The application for relief from sanctions was denied and the case found in favour of the defendant
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Despite the claimaints application notice to seek relief from sanctions without a hearing, I'm in court 10:30am Jan 3rd to defend the claimaints application and ensure the order remains struck out, feeling positive as I've done everything as best I can. Thanks to all at CAG for the help this far, especially Andy, thank you all, I will update you once its completed.
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Thank you Andy, I will do just that.... some of their statements within the witness statement are either complete fabrication or so busy litigating people, that their too busy to handle it and are making mistakes.
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A simple covering letter and the witness statement we already produced is all that's required, issued to both the claimaint and the court?
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Today I've received a Notice of Hearing of Application, which states as follows: The hearing of the claimants application dated 18th November 2016 (they have included the application from the claimant), will take place at 10:30 am on the 3rd January at my local country court. So we're actually going to court after all, is this where I present the witness statement I wrote defending against the claimant seeking relief from sanctions ?
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Nothing from the court at all, last communication from them was the case was struck out as per the order. I've called the court and they stated there was a note that the case was being reviewed "marked urgent " by the Judge and all they could advice was that directions on that outcome would be provided. Sounds ominous, do I submit a witness statement in defence of the application or sit tight, seems strange to respond to the claimant and not wait for a response from the court stating they are willing to take a defence statement from me in relation to the application. thoughts?
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Nothing from the court yet: DRAFT DIRECTIONS from Cohen..... 1. The Claimant’s Application for Relief from Sanctions dated 18 November 2016 be granted- 2. The Claim be reinstated. 3. Each party must deliver to the other party and to the court office copies of all documents m Witness Statements that they intend to rety upon within 13 dm 4. The Claimant must pay a £545.00 hearing lee within 14 days. 5. Both parties to file pre-trial checklists no later than 14 days. 6. No expert evidence being necessary. no party has permission to rely on expert witness. 7. Claim be listed for Trail with a time estimate ol 2 hours at the next avaiiabie date- 8. There is no Order as to costs. Filed by Howard Cohen and Co
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I have a covering letter from Howard Cohen, stating the following: We refer to the above matter (claim) and acknowledge your recent letter seeking costs. (23 hours at LiP rate £437). Our client has instructed us to make an application to set aside the recent order striking out the claim. Therefore, please find enclosed by way of service upon you the claimants application for relief from sanctions which has been filed with the court. We trust this clarifies the matter. Enclosed is the Application notice (N244) Copy of the witness statement Draft directions. So nothing direct from the court.... so I hold off on sending the witness statement to both the court and claimant until the court notifies me in writing? Apologies, really want to approach this correctly in the final stages.
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I didn't even think of that, so the application I have is direct from the claimant and not from the court. Just to be clear, I send my witness statement to the court today, (it's round the corner I can deliver by hand). I then wait for the court response reference the application before sending to the claimant ?
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Wow thanks guys, I thought I was getting too Harvey Specter on it, but turns out my head was in a good place. Managed to get some work this morning, so squeezed in a few hours and now back home, will review again and then get 40 winks before finalising. I have the judges original names etc in my copy, I left out for CAG. If you don't mind I will post my final piece here before putting in the post, do I need to provide a summary of draft directions with the witness statement?
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