Lloyds claimform - OH's credit-token, Lloyds Asset Card.Here we go again

[AndyOrch]

The claimant is applying pursuant to CPR 3.3(5) to set aside all of what was ordered by the Judge. Which Order???? Dated???They have admitted they do not hold an original agreement,dont have a copy of DN and proof of service is not available:confused:

 

 

Andy

[shirei12]

Hi Andy,Thanks for your help again. The hearing isnt until 14th August.If they dont comply will it automatically be struck out as Judge has said. This is the wording:

IT IS ORDERED THAT

Unless the Claimant do file estimate of costs (as required by CPR PD 43 para 6) by 12:00 noon on 27th July 2009 their statements of case shall be automatically struck out.

This Court has made this order on its own initiative pursuant to Rule 3.3 of the Civil Procedure Rules 1998. Any party affected by this order has a right to apply to set it aside, vary, or stay it, by application made not more than 7 days after this order was served on the party making the application.

This one we received from CC this week. They had 7 days to comply.

[AndyOrch]

ChecK your paperwork Shirei

 

I dont think it is, because they have complied and sent you a statement of Costs. I think it refers to the one you have not recieved.Notice of Allocation that one would have contained your Directions from your AQ.

IMHO

 

Regards

 

Andy

[shirei12]

It was also ordered that they supply original CCA,DN with proof of service.Both to be brought to the hearing.These also to be filed and served by 27th July. How can they be brought to a telephone hearing.

[AndyOrch]

This one we received from CC this week. They had 7 days to comply.

 

Shirei

 

Can you post the full Order then were it refers to the Agreement and DN

 

 

 

Andy

[shirei12]

Will do that now.

[shirei12]

Hope you can read it

Edited July 29, 2009 by shirei12

[shirei12]

scan removed

Edited July 29, 2009 by shirei12
personal removed

[AndyOrch]

Ok Shirei

 

Now Post the Claimants Application in its entirity

 

Andy

Edited July 24, 2009 by Andyorch

[shirei12]

scan removed

Edited July 29, 2009 by shirei12

[shirei12]

scan removed

Edited July 29, 2009 by shirei12

[shirei12]

Hi Andy,I have taken out all personal i hope

[AndyOrch]

Right Shirei

 

The application I summise that has come from the Sols and not the Court.This will be dealt with at the hearing in August and they will have to have very good grounds to seek the DJ approval.

 

CPR3.35

The fact that a judge does not strike out a defence on his own initiative does not prejudice the right of the claimant to apply for any order against the defendant.

 

Their Witness Statement leaves a lot to be desired also.They are basically trying to steer towards Summary Judgement IMHO.

 

Ill come bact to you on this in the meantime have a read of the following courtesy of Jon C will give you an insight into teleconference.

 

Telephone hearings in civil hearings were introduced in 1999 as part of the Civil Justice Reforms following Lord Woolf's Review of the civil justice system in England and Wales. More recently the availability of telephone hearings has been expanded to cover a wider variety of hearings. To reflect this, the Practice Direction covering telephone hearings has been revised. This is a brief guide on the scheme as it applies in county courts and district registries.

Rules

 

The procedures for telephone hearings can be found under Practice Direction (PD) 23 of the Civil Procedure Rules (CPR). This Practice Direction supplements Part 23 of the CPR.

All hearings listed as suitable in the practice direction will normally be held by telephone (PD 6.2)

Procedures under the scheme

 

Hearings to be conducted by telephone unless otherwise ordered.

 

• All allocation hearings, listing hearings, case management hearings and interim applications with a time estimate of no more than one hour.
  
• Any other application, with the consent of all the parties and the agreement of the court, shall also be included.
  

Hearings excluded.

 

• Where all of the parties are unrepresented
  
• Where more than four parties wish to make representations at the hearing (for this purpose where two or more parties are represented by the same person they are treated as one party).
  

Applications in respect of hearings not to be conducted by telephone conference

 

Parties may make applications under the practice direction for a hearing not to be conducted by telephone. If they do:

 

• It must be made at least 7 days before the hearing: and
  
• It may be made by letter.
  

Such applications will be determined by the court without the need of the parties to attend court for a hearing. The usual application fee will apply.

Arrangements for the conference call

 

In the case of interim applications the responsibility for the conference call shall be the applicant’s (providing the applicant is represented

In all other cases responsibility for the conference call shall normally be with the claimant’s representatives. If the claimant is unrepresented the first named defendant who is represented shall be responsible for all arrangements. The court may on occasions direct another party to be responsible for making arrangements if it sees fit to do so.

All other arrangements shall be in accordance with those set out in paragraphs 6.9 and 6.10 of the Practice Direction. (References to the designated legal representative should be read as the applicant’s legal representative (if any), or the legal representative of such other party as the court directs to arrange the telephone hearing).

^ Top|

 

Documents

 

The party arranging the conference call must also lodge at the court a case summary and a draft order if the claim is allocated to the multi-track. The same applies in an unallocated case, where the arranging party considers that it should be so allocated and in any other case where the court has so directed.

If any party seeks to rely on any other document, such as expert reports, cost schedules, skeleton arguments or alternative draft orders, then they must be lodged with the court.

All draft orders should be agreed by the parties in whole or part if at all possible.

Any documents required for the hearing or to be relied upon by a party must be lodged with the court by no later than 4.00 p.m. on the last working day before the hearing. All documents must clearly indic ate the time and date of the hearing and marked ‘for urgent attention’.

Listing and timing

 

In lists where all or a significant number of the hearings are by way of telephone, it will be critical for them to run on time. In order to facilitate the scheme running smoothly, parties must use their best efforts to: -

 

• Give realistic time estimates, as there will be no opportunity to overrun. All time estimates must take into account time for giving judgment, where appropriate and any potential argument as to costs.
  
• Ensure all documentation is properly lodged on time.
  
• Communicate properly with all other parties to ensure that areas of agreement are clearly determined and areas of dispute can be concisely argued.
  
• Ensure that they are ready for the call to be linked up promptly at the listed time.
  

There may be occasions when the court is not ready for a conference call. In these situations the court will endeavour to provide the parties with an estimate of the delay or an alternative time when the call should be re-connected.

Conference service providers

 

The telecommunications service provider used to facilitate a telephone hearing under Practice Direction 23 must be an approved service provider as indicated at 6.10 (1) of the Practice Direction.

 

Regards

 

Andy

[shirei12]

Will do Andy.Yes application came from Sols. I agree with your views on Summary Judgement as its in their AQ that i received a copy from the CC today.

[AndyOrch]

Always handy to see the oppos AQ I try to convey to all on Cag the importance but if you dont ask you dont get.

 

 

Regards

 

Andy

[shirei12]

Yes I agree. Strangely though their overall estimate on AQ has now DOUBLED on Statement of costs to CC

[AndyOrch]

Interesting point Shirei

 

May be worth raising that point at your hearing and ask them to explain Im sure honest Sols would not inflate their costs (during case procedure and aiming to gain SJ) Seriously though the AQ is a guestimate and dosent include all the applications these muppets are making.

 

 

Andy

[shirei12]

Andy,can you tell me what the difference is between a Case Management Conference and a hearing,or are they both the same

[AndyOrch]

Same thing more a less but at CMC the small details are ironed out to progress it to trial should it need to or get their.Mediation will apply all the way until the Trial window is set

 

Andy

[shirei12]

So what should we have in front of us when the phone rings at home on the 14th? This is much different to the small claim we have done,there was no CMC then it went straight to a hearing.

[AndyOrch]

Everything you would have as if you were attending Court,Defence Skeleton argument. objections (partic to the one they have just made) this is only to manage the case Shiei it wont be done and finished at that hearing just prepare for all scenarios.

 

 

Andy

[creditcardmug]

Hi shirie im sorry i dont have time to help you at the mo, but i see Andy is doing youproud as usual, it looks as though thejudge is giving you what you asked for in your aQ so stick to that at the CMC, which is exactly what it says

[Dorabell]

hi shirei i bet you are exhausted i now i am following your thread :lol:what great advice and support you are having off andy:) sending my wishes its very hard to take in is,nt it

[shirei12]

Would that include an objection to the letter implying they had acquired a judgement order?

[AndyOrch]

Would that include an objection to the letter implying they had acquired a judgement order?

 

Bring everything to the attention of the DJ their conduct,implications,I really cant see the DJ allowing their application to set a side on his orders.As CCM states stick to your Directions and your guns;)

 

Andy