Just another point.

The Court papers state "The defendant may, if so advised, file and serve an amended defence"

Then "The claimant may amend the reply to defence and must file and serve the amended version."

Therefore if I just contact the court and state that all remains as it was, would it be acceptable?

ould the claimant be unable to send an amended claim?

Thanks Ganymede,

Yes I think I am probably misunderstanding.

I will submit an amended and condensed defence and see what transpires.

tibar

Update:

Two deadlines have now passed and I have not received any replies from the claimants whatsoever.

The offer to accept from the claimant a sum of money to offset my costs and agree to the claim being withdrawn was ignored.

I allowed them fourteen days.

I submitted my amended defence, both to the court and the claimant solicitor, within the allotted timescale (13 October), the court notice states,

"By 27 October 2017 the claimant may amend the reply to the defence and must file and serve the amended version"

This has now confused me, does" file and serve" mean that the claimant should have sent me a copy of the amended reply as well as the court?

As they have failed to do so does it mean that they have probably not sent anything to the court either?

If that be the case are they then solely reliant on their initial statements in the claim?

Or could it mean that the case could well be struck out?

The heading on the notice/order states that non compliance to the terms in the order is liable to result in a strike out.

Would it be appropriate for me to ask the court if an amended reply has been submitted by the claimant?

I am at a loss to understand why they have ignored me as the Partner Solicitor at the hearing was extremely keen to end the matter.

I have offered to attend negotiation at the solicitor premises (five weeks ago) as this was offered by them some time earlier but again I have been totally ignored.

The Judge at the hearing was almost adamant that negotiation, such as mediation, was entered into before it proceeds to court.

It would seem, to me anyway, that the claimants are not doing themselves any favours.

Replies and views, as ever, would be most welcome.

Regards, -- tibar

File and serve...file with the court and serve a copy on the other party

Thanks Andyorch. That is what I was hoping. The fact that they have failed to respond: Does this mean, in your opinion, that the case is proceeding but the claimants are relying on their statement contained in the initial claim? Or do you think it has a realistic chance of being struck out? I fully understand that it could be impossible to give a definitive answer.

Either way it is looking good as their initial statement was very weak with no substantiation.

Regards as ever. -- tibar

the claimant may amend the reply to the defence and must file and serve the amended version

Yes I was hoping for an early resolution however I shall just have to wait longer. It is, thankfully, no longer as stressful as it was.

Many thanks. -- tibar

I dont think you understand....

" By 27 October 2017 the claimant may amend the reply to the defence and must file and serve the amended version "

The court has not compelled them to ...simply a choice if they wish to...hence they have not filled or served you a copy.....they opted not to.

Yes, sorry I did not explain properly. I think I do understand, as they have not filled a reply to my amended defence the case remains as it was however my amended and condensed defence is now accepted by the court?

Thanks again. -- tibar

Yes, sorry I did not explain properly. I think I do understand, as they have not filled a reply to my amended defence the case remains as it was however my amended and condensed defence is now accepted by the court?

 

Thanks again. -- tibar

Correct

Another query if I may.

I sent off my list of disclosure, both what I have to disclose and what I require from the claimants.

The deadline was 4pm last Friday.

I did not receive anything from the other side until yesterday they missed the deadline.

In their list of documents they state that they object to me inspecting them.

I am at a loss to understand what is going on.

One item they have listed is an invoice from the Defendant`s Son which is dated four months after the shop had re-opened for business with a different tenant and more than six months after I had both vacated the shop and completed the work! It is mind boggling.

Any advice/opinions would be, as ever, gratefully received.

I particularly would like a view regarding the missed deadline.

The letter rom the solicitor is dated 10 November, it was posted, they can not dispute that it was indeed a day late.

Kind regards. -- tibar

Sorry I have misread the letter. They are in fact stating that I can inspect the documents however they object to me inspecting correspondence.

I feel that i have failed to explain fully.

The claimant and myself have been told by the court, in writing, that we both must give to each other standard disclosure of documents by 4pm on Friday 10 November.

I supplied mine within the deadline but the claimant solicitor has sent their disclosure one day late.

Her letter was dated 10 November but as it was posted it did not arrive until 11 Nov.

The court notice states

"If you do not comply with these directions any other party to to the claim will be entitled to apply to the court for an order that your statement of case (claim or defence) be struck out.

Obviously this seems that it could possibly be good news for me. I would very much appreciate views of the very knowledgeable Caggers.

Many thanks. -- tibar

It's a very minor breach and I doubt that you can use it to get the claim struck out.

Thanks Ganymede, I was hoping against hope I suppose. Ah well I shall try anyway as there is nothing to lose. -- Regards. -- tibar

Hi All,

I have received a disclosure pack from the claimant which is mostly irrelevant and ambiguous. Before I start dissecting them a letter from the claimant solicitor which accompanied it contains a statement i am concerned about. it states "You have no legal rights to costs which can legitimately be claimed as you are unrepresented. There is no legal basis for settlement of this case by way of payment by our client to yours".

I made an offer to agree to accept them withdrawing the claim if they paid me a sum against my costs, they ignored that offer for almost two months. I am now somewhat puzzled as it seems they are saying that i will not receive costs even if i win. I have engaged a knowledgeable person to assist me (McKenzie Friend) and he has agreed to only accept money if we win. Thoughts appreciated, as ever. Many thanks. -- tibar

Hi All,

I have received a disclosure pack from the claimant which is mostly irrelevant and ambiguous. Before I start dissecting them a letter from the claimant solicitor which accompanied it contains a statement i am concerned about. it states "You have no legal rights to costs which can legitimately be claimed as you are unrepresented. There is no legal basis for settlement of this case by way of payment by our client to yours".

 

I made an offer to agree to accept them withdrawing the claim if they paid me a sum against my costs, they ignored that offer for almost two months. I am now somewhat puzzled as it seems they are saying that i will not receive costs even if i win. I have engaged a knowledgeable person to assist me (McKenzie Friend) and he has agreed to only accept money if we win. Thoughts appreciated, as ever. Many thanks. -- tibar

What costs were you claiming?

I have not submitted any costs as they are still accruing. I have obviously spent quite an amount as I am trying to run a very small business and this case has taken up a good deal of time. My McKenzie friend has undertaken a lot of research and has helped me greatly. I thought if I were to win at court or if thy bail out then I could claim. I t seems strange that they can instigate a ridiculous claim, keep me in terrible anxiety and then if i win I get nothing for my considerable outlay.

I will be duty bound to pay MF if we win. Very troubled now.

Regards. -- tibar

Hi there and HNY to all.

I have received the claimant witness statement and his disclosures.

The whole claim has now descended into farce.

Claimant is now admitting that I did indeed do remedial work though his claim, which is still at the court is that I did none.

He has also submitted an invoice, which he claims is for re-decoration of the interior of the premises, for £600 in his claim he is claiming more than £4,000 for decoration.

The invoice is also subsequent to the new tenant moving in, she had been open for business for one month.

He has also submitted an invoice from his Son which is written on a page of a duplicate book with no address, phone number, I

t just states "work carried out £750, this is also dated Months after the shop re-opened.

In short I am almost sure he did undertake some work after the new tenant took on the shop

but that would be at the new tenants behest and therefore is nothing to do with me.

The advice I now seek is:

As I have already submitted my response to the Court prior to receiving all of this new evidence,

how do I now inform the Court of the new state of play, so to speak?

Is it simply to write an updated response and post it off with the relevant pieces of the claimant evidence that has shot his claim to pieces?

I have asked as much from the claimant solicitor but they are ignoring me.

Claimant has clearly tried to obtain money by deception as the claim states he has paid more than £4K on decoration before the new tenant,

but invoice is for £600 including materials! Attempted Fraud?

I have dates from the court but I can not see it reaching that point however the solicitor is refusing to reply. Trial date early June

Many thanks as ever.

"The advice I now seek is: As I have already submitted my response to the Court prior to receiving all of this new evidence, how do I now inform the Court of the new state of play, so to speak? "

Reading between the lines the claimant has complied with the court directions (next part of the process) what date do you have to file your witness statement and disclosures ?

Andy

Thanks Andy. I have already sent my witness statement (WS) and disclosures in to the court. The claimant has now, subsequently, sent his WS and disclosures to me. Because I had not seen his bundle prior to sending in mine I did not know how much his claim has now changed.

The Landlord claim in the Particulars of Claim is brief. He says I failed to carry out the remedial work listed on a Dilapidation Report that he handed to me shortly after I vacated his premises. Which included for interior decoration, costed at £4k. He issued proceedings for the whole amount on the report, thereby he was stating that I had undertaken No work whatsoever. My response was that I had fully complied with his wishes and undertook All of work listed on the report. Now in his WS evidence pack he admits that I did some work and he has disclosed two very ambiguous invoices, one from his son, the other for re-decoration of the interior, which is dated after a new tenant had taken occupancy, for a mere £600. It is all hogwash any way as I had re-decorated the interior of the shop to a basic standard myself and I have witness statements, plus the witnesses are prepared to go to court. This re-decoration "invoice" is from a person who has merely put his address on a printed invoice, not a Bill Head, and it is numbered No1 , it must have been his first ever invoice! It is also dated after the new tenant had moved in.

However I think the LL probably did do a little work subsequent to the new tenant moving in but that would have been at the new tenant behest and part of an introductory offer, so to speak. He most certainly did not undertake any Remedial work in between my moving out and new tenant moving in, which is what the claim is all about.

Since the claimant WS and disclosure has changed matters drastically (I feel he has really shot himself in the foot) I need to advise the court of my interpretation of his now ludicrous about turn. I feel that if the court looks at this "Amended" evidence, at this present time, they might well (hopefully) strike it out. The problem is how do I do it? As I have already submitted my initial response, will the court allow me to submit an added response? I will ring the court but I fear I wont get a clear answer, I thought it could be worth asking on here as there might be a procedure that other Caggers are knowledgeable of.

I have asked the claimant solicitor if they are in fact attempting to amend the claim, I have also informed them that I will inform the court and request for a strike out. I have been totally ignored. They will not answer any questions whatsoever including about arranging a face to face meeting with the claimant. This was virtually insisted on by the Judge at the earlier hearing. It seems that the solicitor is not interested.

Regards as ever. -- tibar

If anything new has come to light that you wish to respond to you could submit a supplemental witness statement (SWS) ...this must be filed/served not later than 3 days pre hearing.

It must be new and not simply tit for tat and in support of your defence.

Andy

Thanks again Andy.

Yes that sounds good. The claimant is contradicting his claim so presumably that could be classed as new evidence and therefore OK for me to respond to it, do you think?

Regards. -- tibar

Hello all.

After what seems like an eternity the case is now proceeding to court ( 4 June). I really am surprised as the claimant solicitor indicated that the claimant would like to settle. At a previous hearing I stated to the Judge that I had very little funds and that was the reason I was defending myself. This is still the case. I have no assets, home and shop are rented properties and my vehicle is leased. Stock at my shop is virtually the property of my suppliers, display items etc. My company is listed as negative assets.

A couple of things that I think I failed to mention is that the claimant is taking me to court as a guarantor. My company is a limited company and my name is not part of the title. I was the guarantor originally when another person was running it for me but when he left another lease was drawn up and I was not named as guarantor, this was ten years ago. The court claim papers list me alone as the defendant, not as a guarantor although the claimant statement of claim states that I am a Grnt.

I attended a non prejudiced meeting with the claimant and his son at the solicitor premises, solicitor present. It became rather heated, I stated that I would accept money to permit him to withdraw the case, he nearly exploded and swore at me. I was calm but I fully admit that I was goading him somewhat by smiling, I have known him a long time and I know how he reacts to what he would consider a smirk. Even his solicitor appeared rather heated. I would certainly not do the same at court.

Questions please on practical matters: If he were to win even a part of the claim, and some of his costs, and I simply can not pay up what is the court likely to do? Would the claimant then have to seek further court action to try to enforce a payment plan? If I defaulted on any such plan due to lack of funds would he then need to further go to court? Could he make me bankrupt if the, limited, company is in negative value? If he were to make me BR would I lose the business?

The case has already cost me a large amount of money (to me) that I can ill afford so I am not merely cocking a snub at the system it is simply because I am the victim of a vendetta and I wish to know all options.

Many thanks as ever and kind regards. -- nomlas