MBNA/Restons claimform - old A+L Card **WON+COSTS**

[robcag]

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

 

Hi fb

 

Perhaps me just looking too closely at Para 2, but it says "In the event of compliance with Para 1 .... etc. ...and;" followed by Para 3.

 

So if Para 1 is not complied with doesn't this infer that the remainder of Para 2 (allocation to Fast Track) and then Para 3 do not take place?

 

If so, what does happen? There is no other action mentioned if the claimant fails to comply (such as an "Unless" statement). If they do fail to comply with Para 1, perhaps you will end up having to make an application for an "Unless" order and/or a strike out.

 

That's just my opinion and others with more knowledge might see things differently.

 

Cheers

Rob

[robcag]

PS

 

Then again, with a bit of luck, perhaps they'll just finally realise/admit to themselves that if they can't comply with Para 1 their case is hopeless, and just discontinue.

 

Cheers

Rob

[fairbyblue]

Hi fb

 

Perhaps me just looking too closely at Para 2, but it says "In the event of compliance with Para 1 .... etc. ...and;" followed by Para 3.

 

So if Para 1 is not complied with doesn't this infer that the remainder of Para 2 (allocation to Fast Track) and then Para 3 do not take place?

 

If so, what does happen? There is no other action mentioned if the claimant fails to comply (such as an "Unless" statement). If they do fail to comply with Para 1, perhaps you will end up having to make an application for an "Unless" order and/or a strike out.

 

That's just my opinion and others with more knowledge might see things differently.

 

Cheers

Rob

 

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

[fairbyblue]

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?

 

[bazaar]

You'll need to wait til the deadline, then contact court in case theyve sent anything there.

Also, they may try to wriggle out of this, because the order says the agreement must be brought to the hearing.

You'll need to see the agreement to make your amended defence, so make sure you highlight this to the court

[fairbyblue]

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

[supasnooper]

Let the court know as soon as possible after 4.00 pm that Restons have failed to comply.

Adds another black mark against Restons.

 

Good luck.

[fairbyblue]

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?

[creditcardmug]

Hi, take this into the court office tomorrow

 

In the xxxxxxxxxx County Court

Claim number xxxxxxxxx

 

Between

xxxxxxxxxxxxxx

–V-

xxxxxxxxxxxxxxxxx

 

For the Attention of the Case manager

xxxxxxxxxx County Court

 

Dear Sir.

 

Further to the Directions given by District Judge xxxxxxx sitting at the xxxxxxxx County Court on DATE.

 

I note that the claimant has now failed to serve any documents supporting their case despite being ordered to do so.

 

The claimant has had every opportunity to file such documentation and 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 xxxxxxx and they appear to have ignored the Honourable Judges orders and have failed to comply as directed

 

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 xxxxx to highlight the claimants non-compliance with the directions dated DATE and for further directions to be issued.

 

 

Signed……………………………. (Defendant)

 

Date …………………………….

[Viscount Stair]

It probably won't be struck right out yet.

 

Some courts will put the papers before the judge for an order on the basis of a letter. Others expect an application to be made (and paid for).

 

You should be able to get an "unless" order (7 days in the last chance saloon) and since any delay on the claimant's part eats into the time you have to respond, you also want your deadline switched from 6 weeks after the date of the original directions to 3 weeks after service of the claimant's documents.

[Viscount Stair]

I posted while CCM was posting.

 

That letter looks good.

[fairbyblue]

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)

[creditcardmug]

Yes that looks good to me...if it doesn't work, you will have to make a formal application on form N244...don't leave it too long, no more than a week i think.

[fairbyblue]

Yes that looks good to me...if it doesn't work, you will have to make a formal application on form N244...don't leave it too long, no more than a week i think.

 

Cheers, do i have to pay for that N244

[creditcardmug]

Cheers, do i have to pay for that N244

 

Afraid so, i think its £75, that's why i thought it worth trying the letter first (its worked for me a couple of times), if you win you can claim it back from the claimant along with all your other costs. ( they are aware of this, so the more applications you make the more money they stand to lose unless they win), giving them all the more encouragement to throw in the towel, to cut their loses, if you see what i mean.

[fairbyblue]

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

cheers

[fairbyblue]

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

[angel_1]

Good luck and hope the judge sees right through them for you

 

will say a little prayer for you and keep happy laters angel x

[fairbyblue]

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 !!!!!

 

[underdog13]

Fingers crossed for you, Fbb:) Let's hope Restons know when they are beaten;)

[supasnooper]

Excellent news, well worth sending the letter as CCM suggested.

 

Good Luck.

[fairbyblue]

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

[Viscount Stair]

Hope for the best but prepare for the worst.

 

If they do serve on 1 May then you will either have to move quickly either to amend your defence (so don't make plans for the bank holiday weekend) or apply for an extension of time within which to serve your amended defence.

[fairbyblue]

Hope for the best but prepare for the worst.

If they do serve on 1 May then you will either have to move quickly either to amend your defence (so don't make plans for the bank holiday weekend) or apply for an extension of time within which to serve your amended defence.

 

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.

 

[fairbyblue]

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