arrow global llc and i , Further help required. - BATTLE CONTINUES

[bobbydog]

well docman

i am off to my bed

will you be available tomorrow for a brainstormin session about 9 ish

[bobbydog]

evening all

 

well after recieving the court letter yesterday putting this case onto the small claims track

i recieved a PERSONAL letter today from Mr Carter

 

it reads as follows

 

thankyou for your recent correspondance ( must be the cpr request as that is the only letter sent to him)

 

WE considerthat this casewill be most properley allocated to the small claims track and documentswill be produced during the exchange of witness statements, in accordancewith the courts decision

personally signed by BC

 

WHAT IS HE PLAYING AT

 

he states that we consider, how nice of him

i obviously did not have a say in this !!!!!

[bobbydog]

also just to let you know that the witness statement was sent to BC and the cert of service and witness statement of to the judge at thew court

so i think all is in order

 

do you think it is a good idea or not to try and open negotiations with bc or shall we go all the way !!!!!

are people sure we can gain a victory, if you think a victory is, percentage wise possible then we fight on

[bobbydog]

recieved today another letter from BC

sending me yet again the agreement form (application) and again the current and original t/c's

this time with all the sections there

 

wha to do now

[postggj]

Ill have a nose in the morning

 

regards

[postggj]

ime on it tomorow afternoon

 

had to finish off a defence

[bobbydog]

recieved letter from BC today it reads as follows

 

this is the letter word for word

 

we refer to the court of 6 sept 2010

please find enclosed a full copy of the original agreement and current agreement.

 

the claiment has on several occasionsmade attemptsto settlethis matterwithout further recourse to the court and does not feel that a concilliation hearing will progress the matter.

a further hearing would unnecessarily delay judgement in this matter which could prejudice the claimant were it to be successful and limit it's options in respect of enforcability. further, it would not be cost effective given the amount of the claim.

 

in any event it is not commercially viable for us to appear on behalf of the cliamant at the forthcoming hearing, particularly as therer have been previous hearings in relation to this matter and the claimant seeks to rely on the evidence previously submitted in this case.

we request that the court excuses our non attendance and put this letter to the district judge in time for the hearing to decide the claim in our absence on the information provided. we have sent a copy of this letter to the defendant

yours sincerley BC

 

CLAIMENT HAS MADE NO ATTEMPT RO RECONCILE THIS MATTER

THERE HAS ONLY BEEN ONE 5 MINUTE HEARING, THAT WAS THE LAST TIME I WENT TO COURT AND STATED THAT bc/fred int/ ag/cap 1 have not supplied any documents as per cca/sar/cpr as previous posts

claiment seeking previously submitted evidence they have not submitted anything except the application

should i be writing to the judge and what would i say to end this ???????

[postggj]

evening all

 

still on this

 

are we under any time scales

[bobbydog]

27th october

[postggj]

you will have my full attention tomorow as ime going to have to read your thread from start to finish

[bazaar]

seems to me, they know they cant get enforceability, so if I were you, I'd turn up at court, ( also, to be sure they aint pulling a fast one).

get your ducks in a row and hit em for costs and strike the claim out. Youve GOT to disprove their arguments so that the judge has an easy option to support you.

[bobbydog]

thanx for that bazaar, i think that with a lot of help from all concerned we can give BC a bloody nose

if you can think of anything which might have been missed please feel free to comment

am posting their letter later

[bobbydog]

here is the letter in its entirety

 

[Docman]

Hi bobbydog,

 

As BC have written to the court claiming they have tried to settle several times, (which you no doubt dispute) I suggest you write back to BC asking for information under CPR 31.18 as to when and by what means BC and/or Arrow Global made attempts to settle. Set them a deadline about 10 days after you send the letter. If they do not respond, you can take your letter to the judge when you go to the hearing in October.

[bobbydog]

ARROW GLOBAL LLC v CLAIM NUMBER Dear Sirs,

I refer to the letter dated 16 September 2010, which, is a letter you sent to me with reference to the court order of 6-9-10.

You state in that letter, that the claimant has on several occasions made attempts to settle this matter without further recourse to the court.

Under sections 31.14

(1) A party may inspect a document mentioned in (a) a statement of case(b) a witness statement; © a witness summary; or (d) an affidavit(GL) (e) Revoked.

(2) Subject to rule 35.10(4), a party may apply for an order for inspection of any document mentioned in an expert's report which has not already been disclosed in the proceedings.

. (Rule 35.10(4) makes provision in relation to instructions referred to in an expert’s report)

Inspection and copying of documents31.15

(a) that party must give the party who disclosed the document written notice of his wish to inspect it;(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and© that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.(Rule 31.3 and 31.14 deal with the right of a party to inspect a document)

As you have worded this document stating that your claimant HAS tried on several occasions to settle this matter without further recourse to the courts, signifies to me that either ARROW GLOBAL LLC or BRYAN CARTER (SOLICITORS) acting for ARROW GLOBAL LLC, have since the court hearing of 6th September 2010 written to me on several occasions regarding a settling of this matter.

Under the above CPR regulations, I am this day 27th September 2010, requesting ALL paperwork and correspondence to which you and your client claim to have sent to me since the 6th September trying to resolve the outstanding matter without further recourse. I am allowing you a good time limit of 10 days +2 days. The 2 days are to allow for postage, and i look forward to hearing from you about this urgent matter within the time frame allowed.

I feel that a conciliation hearing is fully justified in this instance, as i feel it will progress the matter further and subsequently lead to a full and final conclusion.

A further hearing at the Southampton Court, would be most prejudicial for both your claimant and myself in resolving this matter and bringing it to its final outcome.

As I can recall, there has been only one other meeting, that dated 6th September 2010, a date in which neither you or your claimant made an appearance, leaving the case to be dealt with a stand in solicitor.

A copy of this letter has also been sent to the District Judge in time for the hearing to help decide the case when I will be appearing.

[bobbydog]

how is this letter docman, should i amend or send as is

grateful for your input

[bazaar]

IMHO, looks good, keep em on their tippy toes

[Docman]

Hi bobbydog

 

You're on the right track but I think you may have used the wrong section of the rules. CPR 31.14 allows you to ask for copies of any DOCUMENTS referred to in a statement etc. CPR 31.18 is used when you are trying to find out some information.

 

So, if BC had stated in their letter to the court, " We wrote 10 letters to bobbydog between X and Y dates", you would use 31.14 to ask for copies of those letters. However, as BC have just said they tried to contact you but didn't say how or when, you have to use 31.18 to find out this information.

 

If you use the wrong section, firms like BC could ignore it and respond pointing out your mistake. If you get it right and they ignore you, then you can show the judge how uncooperative they have been and maybe get him to strike out the entire claim.

[bobbydog]

WILL AMEND AS NECCESARY otherwise it is ok is it

[bobbydog]

have amended, and taken out the cpr 31.14 request and inserted the 31.18 request

is it ok to send now

[bobbydog]

recieved letter form court today about mediation hearing

it has been adjourned now till 11.11.10so we have a little more time now

evening all

[bobbydog]

i am beginning to think i am being left on the shelf

i have not heard anything now for about a month, and as you know i am back in court on 11-11-10

have not heard from BC since sending the cpr 31-18 as suggested from docman

[bazaar]

when did you send the cpr 18 to BC? did you state a deadline?

If so report his sorry ass to the court,

[bobbydog]

well people, as you know it is off to court on thursday, and as i have not heard from either postggj nor anymore from docman, i fear i am on my own, and feel on my own when i enter the court, i feel as though i have been left to own devices as not heard anything.

so, i go alone, to court.

[Leakie]

Bobbydog

have you tried to PM postggj or docman

if not try the site team by hitting the black triangle,

sorry I can not help but good luck for thursday.

 

All the best

 

Leakie