Hi Andy,

well it seemed the courts have totally ignored my letters and applications.

I received two documents today...

the first one states as follows

The case got transferred to a local county court. On 20 March a judge issued orders

1. Claim to Multi Track

2. Disclosure

a) by 01 May both parties to serve each other docs on which they wish to rely

b) by 15 May inpection of originals to be completed

c) complied to with 14 days of reques

3. Evidence of fact will be dealt with as follows

by 19 June both parties must submit Witness statements of themselves and witnesses

4. witness statements must be start with case no. etc.

5. List for case management conference on first open date after 30 June

6. because order made without hearing parties have right to hv the order set aside, varied or stayed

which must arrive within 7 days of service of this order.

####### I just received this today - its 03 April. Order was made on 20 March - so the 7 day period to apply to vary the order had already lapsed.#####

The second is a notice of hearing .... which is listed at 11 July

the court have totally ignored my requests to see copies of communications from

a. the Defendant ....application to set aside the judgment

b. his solicitors ... confirmation that they are no longer acting

c. i cannot see when/any details of these communications

d. my application to have an extension to submit an application to vary the order has been ignored.

its like the two courts have got together and decided to side with the Defendants.

the Defendants should not have been able to succeed in their application to hv the judgment set aside as i had copied him on my communications with the court during the course.

My letters to the Defendant were hand delivered by courier.

i guess theres nothing i can do now regarding trying to vary this and apply for judgment to be put back in place.

What do you think?

BF

You can ring the court and state that it was received out of time and request permission to make any application you deem fit.

Andy

Hi Andy

should i just go ahead and put in an application to vary the order to set aside judgment on the grounds that

a.4 months had lapsed

b. The Defendant was fully aware of the progression of the case as i had copied him and sent my documentation to him by courier.

c. if for what ever reason he felt unaware of the status of the case, all he had to do was write to the court and enquir.

what do you think?

thanks

BF

Hi Andy

i just saw your message.

its impossible to ring the court .... i have tried many times and now have given up.

they never answer the phone.

when you ring - there is auto answer. it gives you options.... select any option - and it puts you through.

only ... it just rings as no body answer.

i will have to write in.

The key question is - should i bother to apply to vary the order to set aside judgment?

are my reasons good enough ?

what do you think?

BF.

You could email....but with regards to your second point there comes a time when to accept and not fight ...let them have their set a side if your claim is as strong as when you initially

submitted they will struggle to defend irrespective.

Dont throw any more time and money at it concentrate on proceeding and dont forget if successful ...include your costs for dealing with the set a side.

Andy

The Court have allocated the claim to the Multi Track and have set down Directions.

It is very unlikely that the Court will set aside the Order now.

It seems like the Defendant's Application was made ex parte but that still doesn't explain what happened to your Application.

Hi Andy

you are absolutely right of course.

its like i hv been forced to accept this position.

I have written to both courts and asked for explanations but have not heard from either

I have written to them again asking for explanations.

But i shall do as you say and now focus on disclosure

thanks Andy

BF

Hi Ganymede,

Thank you - yes i totally agree with you.

I wrote to the courts again anyway. I called and established who the Court Manager is.

I wanted to see if i will receive their reply. I marked it "Formal Complaint" so we shall see.

Its been so long - nearly a year... since the whole thing kicked off. I got to get all the docs. ready and sets up again

for disclosure. But i have started on it.

Thank you again

BF

Hi Andy and Ganymede,

I hope you are well.

I have pretty much completed putting all my docs together. I like to check something with you

The order from the county court states that

(a) "Both parties must serve on each other copies of all documents upon that party wishes to rely"

Then it goes on to say ...

(b) In June 2014, both parties must serve on each other copies of the signed statements of themselves and witnesses on whom they intend to rely and all notices relating to evidence including Civil Evidence Act notices.

I am ready for (a) but in (b) i shall be submitting my witness statement and attached to this will have an "exhibit".

The exhibit is a copy of a letter which the Defendant had written to me on another matter.

Must i submit this exhibit in (a)?

On the mix up at CCMCC, I have finally received their reply. I like to send it to you to look at and comment.

Should i send as attachment to PM?

All the best

BF

Hi Burma

Yes you must list it on the N265 if you are relying on it within your Witness Statement.

You cant attach to a PM you could type it out in PM if you do not wish it to be on the forum.

Regards

Andy

Hi Andy

many thanks for your reply.

1. OK So any thing i am going to refer to as an exhibit in my witness statement must be listed in N265.

2. do i include the Directions Questionnaire? I hv not seen the Defendant's

3. So i submit a copy to court and one to Defendant

4. regarding the replies from CCMC - i cant post on CAG or send you a copy as my scanner/printer had just broken down.!!!

I will have to get all my docs printed outside.

I will see if i can have it scanned elsewhere.

Thanks very much

BF

Hi Andy

just to advise that i was able to serve my disclosure docs on time to both the court and Defendant.

But however, i did not receive the docs. from the Defendant by the appointed time.

What happens now? I wrote to the court and advised them.

Are they going to over look the fact that the submission time is not observed .. assuming i receive it tomorrow.

What if i dont receive it at all?

Mean time, I hv been able to scan the replies from CCMCC - how do I attach them as docs on the CAG?

All the best/BF

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

http://www.convert-jpg-to-pdf.net/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use http://www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though DONT USE BANK NAMES or CAGicon in the title

i'e Default notice DDicon-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

With regards to none disclosure..if they fail to comply on time or never then you make application to the court to impose sanctions...which can include striking out any defence.

Regards

Andy

Hi Andy

sorry i got really busy over the weekend.

I still have not received anything from the Defendants. I think this is totally unacceptable as he will now have seen

all my documentation where as I hv not seen anything from his side. I really cant see what he can submit in any event.

Not with standing that - as he has breached the order, can i not just apply to have the defence struck out?

If so do i have to fill up a form or serve an N244 order ? what do i have to do? will you pl be so kind as to let me have a format?

thank you

BF

Hi Andy,

Some thing has just cropped up. I picked up a piece of work on Thursday last week from a client abroad. He has just now confirmed the appointment, sent me an air ticket and expenses!! I have to travel abroad. I leave on Wednesday 08 May and will not return till 30 June. This means i am going to miss the deadline for witness statement submission.

I still would like to make an application to have his defence struck out and also state that should the court disagree, to defer until another date after July. What do you think? I have to do this job as on completion, i will be working full time for these people.

warm regards

BF

Hi Burma

It may be that they have nothing to disclose (as defendant subject to their defence) that is their prerogative...makes for a weak defence though.

Clarify if they will be submitting a N265?

With regards to your WS you can serve it early.

Regards

Andy

hi Andy

so do i use N244 to apply for strike out as i still hv not heard from the other side?

warm regards

BF

Yes normally but as I have stated if they do not have anything to disclose any application would be pointless and a waste of fee.

Hi Andy

these are two replies from CCMCC

Please let me have your comments

thank you

BF

Hi Andy

Finally managed to post the replies from CCMCC. Sorry for the delay. BTW, I am now abroad and the internet here is absolutely awful. But is hot. 44deg C!!!

Prior to my leaving I wrote to the court to advise them that i was going abroad, and at the same time notified that i still had not received anything from the defendant. I advised the court that i could be contacted by email and gave my email address. I also advised that if it were the intention of the Defendant not to submit any disclosure doc. then he could have just written to us.

all the best/BF

Nice response from the court and very in-depth...retain...they may be required.

Dont get sunburned:wink:

Regards

Andy

Hi Andy

will retain of course.

Do I not hv a case against CCMCC?

BF

Concentrate on the claim not the CCMBC...the notes will be considered in any further decisions.

Hi Andy

thanks for your message and i agree with you

at the moment i am powerless to do anything regarding this case as i am abroad. i have written to the court advising of my circumstances and applied for an extension till after July.

i gave my email address in my letter to the court but hv not heard from them. I have again emailed them today.

i shall not be in UK for exchange of witness statements for example - i need to submit these but i cannot do these from here in time for 19 June which is the deadline.

BTW - I shall be calling witnesses.

so thats where i am with this case at the moment. This trip had absolutely messed me up but it has to be done as its desperately needed income.

its such a god send to get this job. i cannot put it into words. and its a great job too. i am really enjoying it. I hv not been out of the house for about 5 years and now i am abroad. its great.

anyway thank you

All the best/BF

Hi Andy

finally heard from the court so my son emailed a scanned copy to me. They wrote to say that

"...Unfortunately the court is unable to locate your file at present. Please send in duplicate copies of all documents previously submitted to the court. We apologise for the inconvenience caused...."

thats it

i am totally blown away. i really feel like throwing up. i really would like to sue the court.

so i guess i submit every thing again. this will be the third time.

all the best/BF

Unbelievable .....have you got it in bundle form?

Hi Andy

yes I can easily reproduce the copies - i had made a spare copy by mistake!!

But the point is, the Defendant is going to get away with it again. as he never submitted any docs. and if he did, he never copied me.

so - do i notify the Defendant or do I just submit my set of Docs a before?

do I give a further copy to the defendant?

warm regards

BF

Just resubmit Burma.....if the defendant is failing to follow any court directions then you also need to inform the court and let them impose sanctions they feel fit.

Regards

Andy

Hi Andy

thanks very much, That is exactly what i shall do.

back home on Tuesday so will do it immediately i land.

thanks Andy. All the best

BF