curiodeb/Howard Cohen **Case Struck out**

[curiodeb]

Hi Andy!

 

Hope all is well....finally have some news for you! Have received an allocation questionnaire which has to be in by 12th. Plus this morning have also had letter from our friends solicitors saying that in light of the situation they are willing to negotiate on the £3900 owing and will accept an offer of £2700 as full and final settlement so looks like they are breaking a bit!! Still had no documents off them though!

 

Kind regards Debs

[AndyOrch]

Hi Debs

 

Hope you are well also.Ok back to buisness is it the N150 you have recieved?

How do you feel with regards to their offer?

Is it headed "WITHOUT PREJUDICE.?

 

 

Regards

Andy

Edited August 6, 2008 by Andyorch
typo

[curiodeb]

Hi Andy

 

Yes that's the form..N150. With regards to the offer, at the beginning of this episode I offered them £2000 as final settlement as this is all I have access to but they rejected it and counter-offered £3500. Now they offer £2700 but I still only have £2000 to offer but would be really happy to settle at that amount. Your defence must have put the wind up them, it was really good!! Where would I stand if this went to court iyo?

 

Kindest regards Debs:)

[curiodeb]

.....will post up their letter this afternoon for your perusal

[curiodeb]

Hi Andy! So sorry for delay yesterday ended up a nightmare of distractions and to top it all scanner broken! We carry on regardless lol! Anyway yes letter is headed without predjudice and goes on to say that payment should be recieved by 12th august and if not I will remain responsible for the full amount of £3954.00!

 

Hope this helps! Continuing to appreciate your assistance as I know you are busy

 

Kind regards Debs

[AndyOrch]

Good morning Debs

 

Ok dont worry about posting the letter up I have the jist of it anyway.

You are right to suggest that they are beginning to worry however mediation and amicable agreements are what this game is about.However you understand that we can not use their letter in your case and so need to complete said N150 by the 12th.

Are you ok to complete this or do you need assistance?

 

Regards

Andy:)

[AndyOrch]

Just an insight to what the AQ is about The Court expects each party to file their AQ at Court, and each party is required to serve a copy on their opponents. The exchange of documents between parties, is expected from the beginning of the case. So that would include AQ's, disclosure statements and pre-trial checklists as an example. AQ's are not confidential and if you don't send your opponent a copy, chances are they will file an Application Notice looking for your case to be struck out. The offending party would then receive a further Order giving them a last chance to serve the AQ by a specified date. If it's not done, the non-compliant party would lose the case.

 

Regards

Andy;)

[curiodeb]

Thanks Andy!

 

Just reading through allocation carefully about experts etc and do I want to use crown mediation etc not really sure what to put but will keep reading to digest, mentions including fee if over £1500 but can't find fee scale anywhere any suggestion as to the amounts or where I can find information?

 

Kind regards Debs

[AndyOrch]

fee dosent apply to you Debs you didnt bring the claim.

[AndyOrch]

You are the defendant completing the N150

 

 

The 1st Q, doesn't have a number, it asks have you sent a copy to other parties...tick yes.

 

A. Settlement-tick yes

B. Location -tick no

C. Pre-action Protocols-Part one-don't tick anything

Part two-tick yes

Case Management Info

State the full amount of what they are claiming in the bo

Applications-you haven't made any-tick no

Witnesses- your name

Witness to which facts- All facts in the case

Experts-only the 1st Q is applicable about calling experts-tick no. The rest of that page you can leave blank

Track-can't complete without claim value

E.Trial/final hearing

Time estimate 4 hours

Days you won't be able to attend. Obviously I don't know that info. If you have holidays, other relevant important dates in the next 4mnths, I would detail. The Crts are quite flexible about this, so don't think you have to cancel things. If you're unavailable, say so.

F. Proposed Directions- leave blank for now

G. Leave blank

Other Information

Attached docs-tick no

Sent to other party-tick no

If yes.....etc-leave blank

Do you intend to make applications in immediate future-tick yes

If Yes what for-An Order seeking the Claimants compliance with information previously requested.

In the big box underneath I intend to write how the Claimants are behaving, so I will do that shortly.

Sign and date (teaching you how to suck eggs-sorry!)

Under the signature box put little lines through everything except the number one and Defendant.]In the box underneath that, put your address, tel no and don't forget your p/code (Crt gets funny if people omit it!) You can include your email if you wish.

 

Regards

Andy

[curiodeb]

my apologies....just noticed on bottom of form no. n149 ans also have an n152,

[AndyOrch]

Not much difference you can still use my guide above .Because of the amount involved in the claim yours will SCT (small claims track. A N152 form [notice that a defence has been filed] is self explanitory

 

Regards

Andy:)

[curiodeb]

Thanks so much Andy! Will complete and send form today...don't know what I would've done without your brilliant help

 

Regards Debs

[AndyOrch]

You are very welcome Debs just post if you are not sure of anything i am always around:D

 

Regards

Andy

[curiodeb]

only one point...in the box on point G. Other information should i put here about the claimants not sending any information and request an order? Regards Debs

[AndyOrch]

In the other information box write the following (edit to suit)

 

The Claimants are deliberately frustrating these proceedings and preventing me from submitting a particularised defence, by refusing to provide information first requested under a CPR 18/CCA request on the xxth xxxxx 2008. They have only partially complied with my request. I have sent letters to the Claimants Solicitors on the xxth xxxxx repsectively, requesting the outstanding information, which has to date not been furnished. I believe this is entirely unreasonable behaviour and I will shortly request an Order from the Court compelling the Claimant's compliance, to enable me to file a particularised defence

 

 

That should be suffice

 

 

Regards

Andy

[curiodeb]

Andy...cheers that sounds great! I take it we are just ignoring the offer letter for now with no response to them. Final query (phew! sorry)..do I need to photocopy AQ and send to CL Sols or not?

 

Kind regards Debs

[AndyOrch]

Hi debs yes copy to Court copy to Claimant S/del

 

 

 

Regards

andy;)

[creditcardmug]

Hi debs yes copy to Court copy to Claimant S/del

 

 

 

Regards

andy;)

 

Youre sending the claimants a copy as a matter of courtesy, make sure you dont sign that one just type

[creditcardmug]

Any update on this?

[curiodeb]

FINALLY BACK ONLINE!!! So sorry for delay in update...my PC has been down and just got it back from repair (which is another story!!!) - Phew!

 

Well in the time I have been offline I have received a court date of 17th November and also our friends have sent me another letter asking me to settle a 3000 which is still too high. I have not replied to them and to be honest I am very nervous about going to court.

 

I still have not received any of the paperwork requested and have nothing to prepare my figures with.

 

Any advice guys??

Many thanks kind regards Debs

[AndyOrch]

Hi Debs I trust you are well

 

Ok did you recieve a copy of the Claimants AQ if so it would help if you can post details of their intentions.I will need to refresh myself with your case before offering any further advise and will get back to you later today.

 

Regards

 

 

Andy:)

[curiodeb]

Hi Andy, yes thank you, I am much better now I have access again, I trust you are well too?

 

I sent a copy of my AQ to them but never received one from CL. The only communication I have had from them is an offer to settle at 2995. The only other letter I have received is from the court stating small claims track route and a date of 17th Nov and instruction to claimants to pay fees of £200+ pounds and if not received the case will be struck out. So here's hoping they don't pay!!!

 

Regards Debs

[AndyOrch]

Hi again Debs

 

Ok so they have not paid the fee this would imply that they have also not submitted their AQ either.Ok tomorrow check with your Court firstly have they submitted said AQ and if so request a copy and if not ask when would it be appropiate to apply for strike out.Disregard their letter of settlement looks like they are ready to fold if they have not submitted their AQ.let me know the above as soon as convienient.

 

Regards

 

Andy;)

[master woody]

Hi mate

 

good luck, CL had a proper CCA and statments with my case, but i still got the case stuck out becasue they coul'nt be bothered sending me a copy today the offered me a 75% discount MMMMMmmm pay 25% or nothing? what are they going to do take me to court if i don't pay ....only joking i think i might pay