Hi All, newbie needs urgent Help

[bazbar]

What a mucking fuddle, i phoned Romford court yesterday to check they received my defence & they cant find it, "but it might be in the post to the London court that its been fast tracked to" said the clerk, so i then called the London court & they cant find it.

I sent the defence first class registerd delivery, when i go to the post office tracking page it cant trace the tracking number, so will be on the phone to them a bit later to find out whats happend?.

I just knew something would go wrong its just my luck, so today i will be sending my defence to the London court, with an explanation letter.

My point is, will they see it as a late reply, cos it suppose to be in by the 04/02/2010.

 

Baz

[emandcole]

Long as you have the proof of postage you should be fine. Chase this up though as it would help if you can show that it hasn't arrived (if indeed it hasn't and the courts haven't just lost it) due to an error beyond your control.

 

Keep the court informed though and send another if necessary. This is why I like to send stuff like this earlier than required .

[bazbar]

Thanks emandcole, i have the posting receipt & now got confirmation from the post office that it was deliverd to the Romford cc, now the London court are saying i should have posted it to them?.

I was told by Romford cc, send it to them and they will pass all the paper work in one go to the London cc, but someone jumped the gun & sent it off before they received my defence, doohhh.

I have just sent a copy to the London cc (first class recorded), so they should have that in the morning.

 

Also sent a nice letter of to the Bank regarding the SAR.

 

Bazbar

[emandcole]

Perfect. Sounds like your're starting to get on top of this so congrats, can be a tough thing to go through. Keep me posted.

[bazbar]

Ok, i now have to complete my list of standard disclosure before 18/02/2010 4 pm, i have read the instructions and a little confused (it dont take much). When it says " list and number the documents (or bundles of documents) in your control which i do not object to being inspected, give a short discription of each document so it can be identified" does this include all the courts papers, ie: notice of hearing application, and the first claim form.

What about all the letters from the assignee & their solicitors ? and my defence papers (which they allready have).

I have made copies and keep them on my mem stick ? not forgetting all the CPR, CCA, & SAR requests ?

What will be the best way to do all this ...

 

Baz

[heathrow]

Hi Emandcole

Thanks for your reply to the threat of a Cabot doorstep visit that they have said will be between 8.00am and 9.00pm on Tuesday. I had written to them before seeing your response and essentially my recorded delivery letter is much like yours apart from me not knowing the Common Law bit. I have told them that I will deem any visit to my home as an act of trespass and stated that I am not in good health. More especially as they have not written before I only they have not outlined why they are calling on me, even though I have a pretty good idea!

I have received messages left on my answer machine demanding that I phone them, but I refuse to discuss anything with DCAs on the phone. They then sent a letter asking if I lived at my address and asking me to phone. I ignore it.

I have also emailed the letter re their doorstepping but this has not been 'receipted as read'.

I haven't been on the site for some time so no thread but previously I have been involved with the Link Financial threads.

Thanks again

HR

[bazbar]

Am trying to fill in the standard Disclosure form today, can anyone give any advice ?

 

Baz

[bazbar]

HELP, now getting worried that no one can help.

[vjohn82]

Hi baz,

 

Don't worry... I can help with this.

 

I will take a bit of time later to look at your case in detail and then make the appropriate suggestions.

 

I take it you have the N265 form for standard disclosure?

[vjohn82]

Such action is extremely premature and they never provided you with your right to examine any agreement before making a decision on how to offer any remedy. Courts do not like this type of abuse and they will be penalised for such behaviour.

 

All parties are expected to have followed this prior to the issue of proceedings:

 

PRACTICE DIRECTION – PRE-ACTION CONDUCT - Ministry of Justice

 

If they failed to allow inspection, or disclosure, of a document in their possession they will need to have a VERY good reason in front of a Judge.

 

Usually refusal to comply covers commercially sensitive documentation; I doubt a CCA comes under this category

 

Number 7 of the Practice Direction covers this ;-)

[bazbar]

Thanks vjohn82 for the reply, yes i do have the N265 FORM.

This case has allready been before a judge @ the Romford cc, the judge has now fast tracked it, and in his form of judgement letter he has said that both parties are to give a standard disclosure by 18/02/2010 4pm, i have information that i dont want to share with them, so i was wondering how i put that into words, as i have to say what my objections are ?, i just cant find the correct words to use ?

 

I would also like to show a bundle of invoices will this be ok?

 

Do i have to list all the court papers?

 

Also at the very top of the N265 form it asks "in the", do i put the details of the Romford cc or the new Mayors of london court were it has been fast tracked to ?

 

Thanks

Baz

[vjohn82]

Are you intending to use the documentation you want to withold later in the case?

[bazbar]

No its private between myself and another party that has helped me..

[vjohn82]

So why do you have it in mind whether you have to disclose it? You only disclose information which you intend to rely upon or refer to in the course of your proceedings.

 

If you ae 100% sure that you will not rely upon the documentation, and it doesn't affect your case, then you do not need to disclose it.

[bazbar]

Ok, i was under the impression that i had to disclose all information i had to do with the case ?

[vjohn82]

Ok, i was under the impression that i had to disclose all information i had to do with the case ?

 

Well you do yes... but only if you intend to rely upon it.

 

All parties owe a duty of disclosure to each other so that each party can assess the merits of their case.

 

If you do not disclose a document that was in your control, because you did not need to rely upon it, but then the course of the proceedings changed to the extent that you brought it out it could have costs implications for you.

 

As I said, if you are thinking of using it as a surprise document... you can't. The CPR prevents, or rather discourages, parties from abusing the process. This is not to say it doesn't happen but make sure you do not stoop to their level.

[bazbar]

Thanks vjohn82 all understood, do i have to list all the court papers that i have received then ?

Little confused with the "located elsewhere than" & "in categories other than" questions ?.

This could be a multitude of things ?

 

I just want to keep it simple for now ?

 

Baz

[vjohn82]

Thanks vjohn82 all understood, do i have to list all the court papers that i have received then ?

Little confused with the "located elsewhere than" & "in categories other than" questions ?.

This could be a multitude of things ?

 

I just want to keep it simple for now ?

 

Baz

 

I've read through your thread; am I right in saying that they haven't disclosed anything at all in contravention of a court order?

 

If this is the case then you should be applying to have the claim struck out now.

[bazbar]

I've read through your thread; am I right in saying that they haven't disclosed anything at all in contravention of a court order?

 

If this is the case then you should be applying to have the claim struck out now.

 

That is correct, that is all in motion , but i have to get a disclosure in by this thur (18/02/10), as orderd by the judge at Romford.

Baz

[vjohn82]

Have you referred to documents in your defence i.e. exhibits?

[bazbar]

Not yet, i'm still in draft mode ?

[vjohn82]

Not yet, i'm still in draft mode ?

 

So you've submitted an embarassed defence then... ok.

 

Well disclosure then would be simply anything you believe is relevant to your prospective defence.

 

I would be inclined to write a letter to the court if the lack of the Claimant's compliance to the CPR means you do not know what disclose.

 

That's your best shot I supect.

[bazbar]

So you've submitted an embarassed defence then... ok.

 

Well disclosure then would be simply anything you believe is relevant to your prospective defence.

 

I would be inclined to write a letter to the court if the lack of the Claimant's compliance to the CPR means you do not know what disclose.

 

That's your best shot I supect.

 

Ok, i am also drafting a nice letter to the court explaining how they have not complied to any request that i have made.

Could you please have a look at my post no:92, and try to explain whats the best to do ?

 

Thanks

 

very bizy Baz

[vjohn82]

Ok, i am also drafting a nice letter to the court explaining how they have not complied to any request that i have made.

Could you please have a look at my post no:92, and try to explain whats the best to do ?

 

Thanks

 

very bizy Baz

 

1. List all letters you have sent to them

 

2. List all replies

 

That's it as far as I can tell; they haven't complied with the CPR therefore you cannot disclose what you do not have.

 

I suppose you could put some case law docs in there and statute if you felt so compelled.

[bazbar]

Thanks vjohn82 all understood, do i have to list all the court papers that i have received then ?

Little confused with the "located elsewhere than" & "in categories other than" questions ?.

This could be a multitude of things ?

 

I just want to keep it simple for now ?

 

Baz

 

The section in red is still confusing me ? sorry..

 

Baz