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I am completing the CMI sheet for a conference at Leeds Mercantile on 29th August.
However there is an addition that I need to make which I believe I
should include in section 4 as amendment to statement of case.
The addition is that I now require the defendant to remove the Default from my Credit History. The default was added after they had filed an Acknowledgement of Service and therefore after I had completed the N1 Particulars of Claim, so this was not noted in those details.
I had no notice that they were going to enter a default and it appears to be a retaliatory action to my claim for refund of charges and consequently at a time when the account is in dispute.
Is section 4 the correct part of the CMI sheet to add this requirement for default removal as part of settlement, and is it likely to delay anything. All amounts claimed for remain unchanged.
Also under the Alternative Dispute Resolution section 30-32 is it worth noting the letters sent to attempt to resolve claim prior to court time being involved, this could include lba and 3 nudge letters all of which have been ignored, but at least it proves that I have made numerous attempts to resolve the claim.
When I have completed the CMI sheet do I send a copy to the defendant as well as the court or does the court send them a copy anyway.
1. Requirement for removal of default notice. Providing that repayment of the bank charges will nullify the amount of the default notice, item 4 would seem to be a good opportunity to request removal of the default notice. I would however check with the Court to see if a form N244 is also required.
I suggest that you state at item 4 something on the lines of the following: 'Whilst the basis of claim and and the amount claimed as originally claimed on the N1 claim form remain unchanged, the defendant has imposed a default notice on the claimant's bank account since the claimant submitted the claim. The claimant therefore requires an item to be added to the claim requirinng the defendant to remove the default notice.'
Once you have stated this on the CMI sheet and sent a copty to the defendant, it brings it into the negotiations should the defendant try to negotiate a settlement with you prior to the hearing.
2. The letters that you have sent to the bank do not constitute Alternative Dispute Resolution and as such I do not feel that the ADR section is the place for any mention of them.
3. As far as I am aware the Court will not send a copy of the CMI sheet to the defendant. You should send a copy direct to the defendant (covered in my notes at Post 15 of the Case Management Info Sheet and I think also a specific requirement in CPR 59 ).
Sorry, but I can't give you a definite answer to your question about item 1. I personally don't think it matters either way really. If it were me I would probably not mention the default removal notice at item 1. Your original claim was for repayment of bank charges and item 4 then brings in the addition of the removal of the default notice which in the sequence of events seems to read OK.
On the CMI sheet at the top where it notes party filing and date, is the date the date the CMI form is completed or the date of the case management hearing?
CMI section 4 completion, Advice Please
to statement of case.
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