Help needed with a very tight one...thank you!!

[surfaceagentx20]

A Claimant's failure to file the AQ on time leads to two breaches by [1] the non-filing of the AQ and [2] the non-payment of the AQ fee.

 

Both these breaches can be tackled by the court under CPR 3.4(2)© and CPR 3.7 respectively and there is nothing further for you to do because, in the situation you describe, the court will very shortly issue an order (you will be sent a copy) in which it will be stated that unless the Claimant files his AQ and pays the AQ fee by (a date usually being not in excess of 14 days from the date of the order) the claim will be struck out.

 

If the Claimant persists in disobedience, on the claim being struck out, you will have an automatic right to costs under CPR 3.7(6).

 

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[surfaceagentx20]

What is going on? Good question. The piece of paper they have sent you is relevant only to the point of demonstrating the other side is not beyond manufacturing documents.

 

Just sit back and count the days down to when those 7 days are up.

 

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[surfaceagentx20]

Yes that is the right answer but surely thay cannot be so inept as to include in the defaulted balance monies (the section 69 interest) that should and cannot be included in the balance until the court awards such and that is well post the default notice stage in any case

 

Can you think of a smart reason for doing what they did? Or may be a reason which would discount ineptness? I can't coz there ain't no good reason for this whatsoever. It is ineptness at the most infantile end of the scale.

 

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[surfaceagentx20]

Just hold tight for the mo before you do anything else. There's always a risk the AQ could be sitting in some in-tray waiting to be attached to the court file. Call the court towards the end of the week by which time things should have entered the system if it's there to go inwards. If next time you call the AQ's still not in, ask the staff to produce the requisite notice directing the claim has been struck out under CPR 3.7.

 

After that you will be entitled to your costs automatically [see CPR 3.7(6)(b)]. I produced pdfs of a form of Bill for Detailed Assessment, Notice of Commencement and step by step guidance for a litigant in person in djc's thread 'Re: arrow global receivables/cope's solicitors', page 5 post no89 which you may find useful on the costs front.

 

Any queries, yell here.

 

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[surfaceagentx20]

Congrats. As for what's next, see post 76 above and the link I mentioned.

 

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[surfaceagentx20]

Complete Form N254 Request for Default Costs Certificate. Send the Form with attachments and a cheque payable to HMCS for £45.00 to the court dealing with the case.

 

Await receipt of costs certificate. The certificate will command the other side to pay the costs set out in the certificate within 14 days.

 

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[surfaceagentx20]

Yes. Either the order striking out expressly awarded you costs or alternatively, the strike out was made under CPR 3.7 with the right to costs arising automatically under CPR 3.7(4)(ii).

 

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[surfaceagentx20]

Have you served the default cost certificate on the opponent?

 

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[surfaceagentx20]

OK. Then check with the court what the date of service of the certificate upon the opponent was.

 

If the time for payment has expired, get stuck in with the enforcement process.

 

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