Bear with me on this !!!! They got till 4pm to serve docs on me Got email from Restons at 15oohrs today with the below documents. Notwithstanding according to their letter they dont accept emails for service. example of t and c they sent which is illegible For information is the first order with what was required and 2nd is the unless order (They did not post these this is for ease to look at) Firstly the date of statement is wrong as she signed on 30/4/09 and all exhibits are dated 29/4/09. Para 2 is the agreement with no clause 8 para 3 refers to tand c as now applies but its illegible and theres 4 pages of that !!!! (example above) She refers to in para 4 default notice dated 27/10/08 (This is the second one) and does not refer to proof of service as in the original order just that it is recreated from their computer records. In the order defo says with proof of service and they have not provided it !!! She referes to in para 5 the first DN and she is not relying on that !!!! In para 6 she just basically says i've had them for summary judgement. I read it as though they had to serve it on me as in the order. So no full account history with charges. So my big question is, Do you think they have complied with order?

Good luck subbing

Well done MM. Pleased for you.

Cheers. Personally I think they are up the creek but they will carry on hoping i will cave in.

Obviously I dont want to mess it up so I think I will submit my defence on the docs provided that was for summary judgement hearing but I will beef it up and make loads of references to the fact they have failed to comply with the orders as of the time of submission and that i am at a disadvantage. Hopefully they wont submit anything and the court will confirm that to me on friday. If i had of missed one deadline I would of been sitting here with a CCJ to my name. Now thats unfair.

The order dated 17/3/09 was as a result of the AQ that I submitted. Prior to the deadline of the return of AQ Restons applied for summary judgement. When they got my defence "pled as is" they wanted to adjourn, which I objected to. Any way it was listed for 20 minutes but now adjourned to 30/6/09 with 1.5hours. So whereas i was doing what the court wanted, they ploughed ahead for summary judgement ( I think someone on here said it was cheaper for them to use that tactic and also to test my resolve) I think that is dishonest of them as in their application for summary judgement they said I had no defence and no chance of winning. But they now want more time cos obviously i do have a defence. I do want to submit it but on the strength of all the documents disclosed not some of them.

Is that by way of letter or a N244? I should find out on friday if they had bothered but its a bank holiday weekend so really the court re opens on the day it needs to be submitted.

I not counting chickens yet. But heres hoping:)

So if they do comply (fingers crossed they dont) i only have a few days to get particulirised defence in!!!! You're quite right if we miss a deadline we are snookered. If they miss they get more chances. Not really fair but have to live with it.

Heres the unless order

Just thinking aloud here and a few views would be appreciated. In the order dated 17/3/09 see below its says basically in para 1 submit docs by specific time in para 2 its states - in event of compliance of para1 it be allocated to fast track in para 3 i can file particulaised defence by 5/5/09 My point is cos they did not do para 1 do I still do para 3 by 5/5/09

I know i pointed that out but the majority of the defence is done as it was prepared for summary judgement element, i have a few further points to launch at them and i can fax it to the court or even hand deliver it if need be. I aint letting this one go.

Defo and it saved me an outlay of £75. so cheers CCM

Phoned the court and spoke to in all seriousness, a member of staff who knew what he was doing. He got the file and read out the Order -- The claimant will serve the documents as stated in order of 17/3/09 within 7 days of the date of this order. If the claimant fails to do so the Claim will be struck out without further order. The court officer said a few other things and he understood that this order did not extend time for me to submit my particulised defence (original order was 4pm on 5/5/09). He is sending order today so on 1/5/09 he said phone up and they will check if has been recieved. so all in all a good result and its over to Restons !!!!!

Phoned court and my letter has been referred to the Judge today so he'll have a look at it tomorrow and hopefully i will know more by Thursday. Fingers Crossed

Marvellous. £75 is another hurdle, hope the judge reads my letter !!!!! cheers

Cheers, do i have to pay for that N244

phoned court and got through to 'file registry'. They said they are 'on a short week' 'theres a backlog' 'everyones off for easter' Basically all the excuses under the sun so i dont know wherther they have filed. However when i re resad the order it should be served on me and they havent, so i phoned and asked them to put a note on theor system to say i have recieeved nothing and sent this letter in. For the Attention of the Case Manager XXXXX Dear Sir. Further to the Directions given by District Judge XXXXXXX sitting at the Liverpool County Court on 12th March 2009. I note that the claimant has now failed to serve any documents supporting their case despite being ordered to do so. I first requested this under CPR 31.14 on the 1st December 2008, the Claimants failed to respond. The claimant has had every opportunity to file such documentation and given the size of the organisation, it is not unreasonable for them to have filed such documentation on time at the first opportunity, they have since been given a second chance to file documents by order of District Judge xxxxxxxxx and they appear to have ignored the Honourable Judges orders and have failed to comply as directed. I have not received any verified true copies of the documents as stated in the order. The result of this failure is that I am unable to file a fully particularised defence to the claimants claim as without the documentation which the claimant relies upon, I am unable to answer their allegations as set out in their particulars and I am placed at a severe disadvantage, as I am a Litigant in person Therefore, I would request that the pursuant to CPR part 3.4, 2 © that the claim is struck out without further order If this is not acceptable, then please refer this letter and the file to District Judge xxxxxxxxx to highlight the claimants non-compliance with the directions dated 12th March 2009 and for further directions to be issued. Please note that if a further order is made I would respectfully ask that due to the failure of the claimant to provide the documents on time I therefore would ask that I be allowed additional time to submit a defence. Signed…………………….............………. (Defendant)

Well theres nothing at home so i can take it that they have not served it on me by the time ordered from the judge, and the court said theres nothing submitted to them but wait a couple of days to be sure. So does anyone know what forms i need to get this thrown out?

They can try to wriggle but it does say they have to serve a verified true copy on me by 4pm today.

Well the day is dawning as you can see below. its now the 14th April 2009 and nothing from Restons. I checked with the court last thursday and nothing had been sent there. So below is the order and if i dont get the docs or the court dont get the docs as ordered by the judge what do I do next?

I think thats a reasonable excuse !!! Hope you feel better:)

Aha I've got it now. One little word makes all the difference. Lets hope they realise and throw in the towel. Thanks Rob FB

Rob, I dont understand the implied IF, If they do bother to do what court says i will amend my defence, my staement to the court up to now is in reply to Summary Judgement as was made. I will be going in with lods of ammo, Cheers

Of course i will, just remind me what that is again?