standard disclosure: does it need to be sent to court?

[jody123]

Just a quick one that I am sure someone will be able to answer in a flash.

 

Does Standard Disclosure need to be sent to the Court?

 

The judge issued an Unless order (a month after the claimants should have disclosed) requiring standard disclosure within 14 days.

 

I received the standard disclosure on the fifteenth day, but dated for the 11th day if that makes sense.

 

I rang the court today and they said that according to their screen the unless order hadn't been complied as they had not received the disclosure, so the case would stand struck out....

 

Now I am fretting - is this right as I can't see on CPR31 where it states that disclosure has to be filed with the court.

 

Anyone know off the top of their heads?

 

Jody

[jody123]

bump

[42man]

It's a good question Jody.....you just need clarification from the court (give them a call) that it actually HAS been struck out....i'm not sure if you have to send a letter to request this....

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/136843-capquest-county-court-claim.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/134001-suggested-letter-where-claimant.html

[jody123]

Hi 42man,

 

I spoke with the courts yesterday - the clerk said that the Unless Order had been issued in October directing the claimant to file disclosure as detailed in para 2 of the August order for disclosure - despite it being 6 weeks after the August order they were given 14 days to comply otherwise the claim would be struck out automatically.

 

No disclosure was filed with the court so as far as the clerk was concerned it stood struck out. He told me that I did not need to do anything further. Although I am sure that the claimant will ask for a set aside...it goes some way to show the solicitors total disregard for CPR procedures and directions from the courts making it all the more difficult for a LIP to either defend their claim or indeed seek legal advice.

 

There have been 4 orders by the judge all directed at the claimant, two of which have been Unless orders....I hope the judge is getting as frustrated by this as we are!

 

n.b. I have now spoken with a legal friend who has advised that they do need to file disclosure with the courts, so the claim will stand struck out.

 

Whilst not a victory I hope that when/if the ruling is overturned it spurs the judge into making them disclose the information we have been requesting for 2 years, and a year since the claim was submitted.

 

Jody

[42man]

Have you read this thread Jody ? - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/115280-useful-information.html

[jody123]

Hi 42man,

 

thanks for the link - I read it.

 

I guess I just wait now to see what the court says in response my request for an order for disclosure on specifics.

 

Hopefully its been struck out and they have to get a set aside.

 

Jody