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My contention is that they have no case based on the fact that they have no agreement, defaulted me and took me to court when in default of my request, mis-sold PPI, etc. On what grounds should I be agreeing to Case Management?

 

Did you read the link I put up for you in post # 199. I dont think you have a choice as to whether to agree to Case Management, it is Court Protocol:)

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Thanks IGMN.

 

What is S.140 order?

 

Not sure about Case Management - I think I read somewhere on here that it's not a good idea.

They are not giving me much time to investigate. Perhaps I should submit Application to get the claim struck out or request a stay. I don't want to give them an advantage by allowing the SJ to be used for their benefit.

 

Regarding Costs, do I need to submit a claim for costs if the Hearing takes place. I have spent 100's of hours on CAG but they obviously will not agree to paying for all my time - any idea what is reasonable. Do I need to have that at time of Hearing or just request that I submit costs?

 

S142 - a declaration that the agreement is unenforceable

 

A CMC is a case management conference - I'm surprised that they want one as it increases the costs - in terms of a CMC - then you'd discuss allocation and further directions - I'm not sure why one would be a problem.

 

When is the hearing next week - I suspect that its' too late to issue your own N244 for hearing at the same time as the SJ application - so it would happen later...What I would do is get the directions on filing an amended defence and reply - file the new defence - get their reply and defence to CC and then make a strike out application.

 

I don't really understand how you think that the SJ is being used for their benefit - it isn't - its' their application that they are withdrawing - you need to file a properly amended defence - so its' in as much your interest as theirs.

 

Costs - you should calcualte all the time you've spent - you won't get all of it but you can get up to two thirds of what a lawyer would charge - so as an example if a lawyer would charge say £600 - you could charge £400. I have to say that at private client rates a lawyer would be likely to charge more than £600

 

You need to prepare a costs claim before the hearing and ask for that amount - I'd have thought that a realistic claim would be around £400 - don't forget that you charge at £9.25 per hour

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Their app for summary judgement has been withdrawn..GOOD

Your witness statement 4th May, can you point to it?

The claimant has to reply to the above, you cant do anything until they have.

 

"they want me to agree" who are they?

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Did you read the link I put up for you in post # 199. I dont think you have a choice as to whether to agree to Case Management, it is Court Protocol:)

 

On the CMC point you don't have to agree to a CMC - you can argue that the case doesn't need one and that what should happen is that:-

1. Amended Defence/Counterclaim - 14 days

2. Reply/Defence to Counterclaim - 21 days thereafter

3. AQ questionnaire 14 days after filing of reply/defence to CC

 

You argue that case is not so complex that it needs CMC and that all CMC will do is increase costs

 

Its' then up to the Judge whether he orders it or not

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I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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aha, right thanks IGNM.

 

My apologies for misunderstanding, Sequest:)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Case Management Conference - in the old days every case had a directions hearing where both sides attended and agreed what would happen next in the case. When the CPR came in it abolished directions hearing in every case and introduced case management conferences. A CMC is reserved for complex cases - all that happens at them is that directions are given for the future conduct of the case, they take the place of the AQ - they for example decide on allocation, disclosure etc

 

One of the reasons that they are expensive is the fact that a fee earner from the Solicitors with detailed knowledge of the case is supposed to attend

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Thanks to all for your replies.

 

CCM - 'they' are the solicitors.

 

Should I write to the solicitors stating that I do not agree with their Draft Directions and suggest IHNM's directions instead?

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Thanks to all for your replies.

 

CCM - 'they' are the solicitors.

 

Should I write to the solicitors stating that I do not agree with their Draft Directions and suggest IHNM's directions instead?

 

You need to respond to their letter - if you don't you'll get to court - they'll withdraw the application and you'll then discuss directions at the end of the hearing when costs are discussed they'll produce the letter and you may well be ordered to pay their costs.

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Well yes, i cant disagree with that, why not write to the court, objecting, and with a set of directions of your own.

i.e. all relevant docs must be filed and served, and the originals produced at the hearing

 

I agree a CMC serves no purpose, as all that is required is for them to come up with the relevant docs

 

having said all that, the only thing that will come out of the conference, is all the above, so the only purpose it would serve is to increase costs to the loser, how can that be Pursuant to the CPR?

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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I agree a CMC serves no purpose, as all that is required is for them to come up with the relevant docs

 

having said all that, the only thing that will come out of the conference, is all the above, so the only purpose it would serve is to increase costs to the loser, how can that be Pursuant to the CPR?

 

Precisely - that's the argument against a CMC - if it was a complex case with experts etc then a CMC would be necessary BUT it isn't - at the end of the day it is a contract dispute with some statutory add ons

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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I am slightly confused. It doesn't seem fair that they have asked for these Draft Directions just before the Hearing.

The solicitors want me to write to them acknowledging that I agree with the Draft Directions.

Should this be my course of action:

I write to solicitors stating that I disagree with the Draft Directions and state the Directions IHNM suggests.

At same time I write to Court objecting to the Draft Directions - however, I don't know if their Draft Directions have been filed at the Court.

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Many thanks IHNM.

 

Can you suggest what I should write to them. There isn't much time. If I send on Monday they won't receive it until Tuesday.

 

Can you email them - is there an email address on their letterhead...or can you fax it from somewhere

 

As far as the letter goes mark it Without Prejudice save as to costs:-

 

Dear Sirs,

 

Re: (case details)

 

I thank you for your letter dated (put date in) received on the 9th May 2009 the contents of which are noted.

 

I regret that I am unable to accept your proposed directions.

 

I would suggest the following alternative directions:-

1. The Claimants' Application for SJ is dismissed

2. The Defendant have permission to file an amended defence and counterclaim by 4pm (put the date 14 days after the date of the SJ hearing)

3. The Claimant shall within 21 days of service of amended defence and counterclaim file and serve a reply and defence to counterclaim

4. Both Parties shall complete and file AQ's within 14 days from service of reply and defence to counterclaim

5. The Claimant to pay the Defendants costs of and consequential to the application for summary judgment in the sum of £XXX

 

I look forward to hearing from you ASAP.

 

Yours faithfully

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Many thanks IHNM - that's great because I am feeling a bit lost here.

I can fax them.

Do I need to contact the Court? I have already filed an N244 for permission to amend my Defence to be tied with the SJ Hearing.

AQ was submitted some weeks ago - can you file another one?

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I am slightly confused. It doesn't seem fair that they have asked for these Draft Directions just before the Hearing.

The solicitors want me to write to them acknowledging that I agree with the Draft Directions.

Should this be my course of action:

I write to solicitors stating that I disagree with the Draft Directions and state the Directions IHNM suggests.

At same time I write to Court objecting to the Draft Directions - however, I don't know if their Draft Directions have been filed at the Court.

 

You don't need to write to the court - all that's happening is that the Solrs are treating you as if you were another Solr. That is they are trying to agree directions before they get to the hearing. The Solrs won't have sent the draft directions to the court. If anything they're being reasonable - they're giving you advance notice of what they want. and giving you time to think about things - if this was dropped on you outside of court you'd have to make a decision on the spot

 

Ultimately if it can't be agreed by corresp or outside the doors of the court then the DJ will have to make a decision

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Many thanks IHNM - that's great because I am feeling a bit lost here.

I can fax them.

Do I need to contact the Court? I have already filed an N244 for permission to amend my Defence to be tied with the SJ Hearing.

AQ was submitted some weeks ago - can you file another one?

 

No you don't need to contact the court

 

Can I ask did you pay a fee on your N244 or did you get remission. If you paid then there is the issue of the £75 fee...

 

Yes - you can have another AQ - has it been allocated to track

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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There is no reason why there can't be another AQ

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Basically yes - they'll talk to you outside the court - if you can't agree it then you'll go in front of the DJ and argue it out in front of the Judge

 

- I suspect that their issue will be with your costs... they'll say that their application for SJ was because your defence was rubbish - your response is to say that their claim was so poor and consequently you couldn't do a better defence so its' their fault AND firstly their application has failed and your application to amend has proved sucessful...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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In my Witness Statement, I have asked for the DJ to strike out their claim and, if this was not agreeable, then I requested that I be allowed to amend my Defence.

 

Is the Witness Statement I submitted of no consequence now, as the Claimants wish to withdraw?

 

Can I still ask for a strike out?

 

As the Claimants want to use the SJ hearing for their Draft Directions, can I submit my own Draft Directions?

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Unless you have submitted a formal application on an N244 to strike them out it is unlikely that the DJ will allow you to apply to strike them out - it's worth trying because as an LIP you didn't know the rules AND you've told the claimant and the court in your witness statement that you want the court to strike them out - so they had advance warning - try that argument - if the Judge is in a good mood it might work

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Directions - sorry I forgot - YES - you can and should submit your own draft directions

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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It's all contained in the letter that I drafted for you earlier in the thread

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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