Thats okay as long as you have a copy.....

The court will inform you of a hearing date to consider their application...when you get this date come back and we can advise on how to respond to this application.

You can submit your statement in response...and it must be filed and served not less than 7 days hearing date.

You will have to upload details of the claim and their N244 and statement (redacted) if you require help with your statement.

And in the meantime here is the relevant CPR regarding Summary Judgment so you understand the process.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24

And CPR 3.4

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03

Andy

Thank you Andy for your response.

I shall await a response from the court.

I appreciate your help and advice on this matter.

Hi

This is an update and advice needed.

I have received a letter the courts giving me a hearing date which is in a few months, with an attached N244 form. Via Small Claims Court

So far as it stands I am the claimant who has been summoned by the defended for a Summary Judgment.

· The defendant (Building management company )claims they are the wrong defendant, that there is no contractual relationship between me and the building management company (I am a paying Tennent and my landlord owns my apartment who pays a service charge to the building management company for the residential building where I live).

Am I correct in say that there is still a relationship between me and the building management company ?

Indirect if not directly.

· The defendant claims that the concierge company is responsible for the loss of my parcel.

However it’s the ground rent company who employs the concierge company, the building management company pays a fee to the ground rent company.

the service charge is in place by the building management company which pays everyone’s wages.

There is no direct relationship between me/landlord and the concierge company.

· The defendant claim that no duty of care was owed to me and my financial loss was not their fault.

I am very confused by this?

· The defendant claim that if I do not withdraw back my claim they will seek £3000 plus vat in costs if I lose the claim

· The defendant has stated that if I withdraw back my claim within the next few weeks they will not seek any cost and will wave off any costs up to date.

I am very confused about this statement

(surely if think that the case is invalid and has no success then its win win for them?)

(why would they want to pay off the solicitor or to be out of pocket?

I don’t get this.

A) My parcel went missing in July 2017 all my correspondence via email and post has been with the building management company where they have acknowledged my correspondence and have been involved in this matter since.

They have never up until I have received correspondence from the defence solicitor after failing to comply with the small claims court protocol and missed deadlines by them, that I have the wrong defendant, yet they have not explained this before or distanced themselves from this matter, or to point me in the direction of the concierge company.

B) The building management company were able to furnish me with redacted post room logs showing entries of my parcel to comply with My subject access request and accepted the £10 fee, a postal cheque to the building management company.

I mean if they had nothing to do with anything I wonder how they were able to get hold of the documents and to cash my cheque.

Also I received correspondence via email by the building management company asking if I would like to receive the post room logs via email or post.

I am so confused about this matter do I withdraw back my case or continue also making a request to the courts to add the concierge company to this case and to allow both the companies to fight this battle between them as to who own the responsibility of my loss parcel.

Any help or advice will be appreciated

Responding to your PM.

If you could scan a copy of the N244 and any witness statement/exhibits in support...redact any identifiable details first.

Andy

Hi Andy I have sent you a PM.

Upload here to your thread through the go advanced button in your reply box...manage attachments.

N244 form

Exhibit

Witnesses statement part 1

Witnesses statement part 2

Witnesses statement part 3

Any help with this would be appreciated thank you

images removed

can you read upload please

and put those all up in ONE multipage PDF so we can rotate and zoom them

else we'll be here all night downloading and reading single pages.

dx

Hi

I have uploaded the documents in one file in pdf

Hopefully this will be ok

HA-S PDF.pdf

that's perfect

Thanks Hun.

Has the court informed you of a hearing date ?

Hi Andy

Yes the court has provided me with a hearing date.

And that is .....? Just so we know how much time we have to offer advice and prepare .

It’s 26 February

Time enough then to prepare a statement ...assuming you wish to object to the application...or whether you wish to let the court decide and see if they allow it anyway?

Yes I objectify to the defendant and would like to the court to make the correct decision

Then start to draft your statement in response and post here for opinion...the statement must be filed and served by 18th Feb.

Thank you I am starting to draft a response as of now.

Use the defendants statement as a guide to how to lay it out and content and respond to their numbered points.

One question, did you think about reporting the individual/s who handled your parcel to the police?

I know a friend who took someone's parcel and kept it as he didn't sign.

He was convicted of theft and something called "interfering with postal services " (or something similar.

Maybe a potential criminal charge might wake them up.

Also, have you contacted the concierge company?

I can see what they will try in court: "we are the wrong defendant, we don't run the concierge "

And a judge might accept that.

Found it:

Postal services act 2000 section 84 (3)

Hi

Yes I have spoken to my solicitor about this. There is a possibility that the liability is with the concierge company not with building management.

However the exhibits received with the witness statement by the defendants solicitor to me. Include a management agreement dated 2018 and a unsigned and undated contact agreement of the concierge company.

I have requested the defendants solicitor to provide me with a sign and dated contact and a management agreement in 2017. As the incident occurred in 2017. Yet I have had no response from them.

I am confused really if I do receive the correct date documentation then yes I can withdraw my case. However I don’t have any proof of who was responsible when my parcel went missing in 2017

What to do? Do I withdraw my case or Cary on to court as the defendants solicitor has not provided me with valid evidence or at least evidence that is signed and dated.

Any advice people. ?

Yes I did contact the police and they said they can’t take the case forward as no proof of who took it. Yet will re open case if further evidence comes to light.

- - - Updated - - -

Check my response

Hi was there any outcome to this?