N1 Claim Form - No Particulars

[AndyOrch]

Is it from Northampton does it have a case number and your unique MCOL password and logon name?

 

 

Andy

[AndyOrch]

Just acknowledge the claim for now that will give breathing space for further investigations. who is the Claimant or Sols acting does the claim amount or company ring any bells with your financial dealings?

 

Regards

 

Andy

[AndyOrch]

You must acknowledge using the form provided otherwise it will be rejected and the Landlord will attain a CCJ against you.With regards to defending defend all of the claim its the only way to ensure no CCJ by default.Defend all then argue the amount within your defence.

Liability is upon the Claimant to prove their claim and amount.

 

 

Regards

 

Andy

[AndyOrch]

Hi

 

Time limits are critical in any claim and 95% of all claims are successful on the misunderstanding of how the process works.Claims once submitted and if defended are allocated into tracks dependent on the value of the claim.SCT Small claims FT Fast Track and MT Multi track.I would envisage that yours would fall into the SCT (less than 5K).

Good on costs bad on disclosure and very much steered by the DJ dealing with the claim.

Also restricted to the use of the CPR so try not to complicate this matter.

If the Claimant wishes or as to change the P.o.C there is a process which will impact on your time to A.o.S.They have to request the permission of the Court and also inform you the defendent of this change.All this takes time and essentially it is not your concern or your problem.Its their claim!!!

Speaking to Court staff may feel satisfying they say this that and the other and dish out advise which really you should take with a pinch of salt.

I will just outline again the process you have 33 days to act on any claim 5 days deemed served that leaves you with 28 days.Fourteen to AoS (acknowledge service) and a further 14 to submit ones defence.

I will reiterate the only way to stop a CCJ by default is to AoS on time and Defend in full anything else ie partial or dithering will give rise to the Claimant attaining said CCJ after that it will get very messy appealing fighting saying you was told this that and the other by Court staff.

Acknowledge ASAP send the Claimant a CPR 31.16 in the absence of no detailed P.O.C(you can send a CPR 31.14 if and after they amend the P.o.C) request pertaining to the Claim and Defend all.

Once you have done the above sit back relax and let the Claimant sort out what exactly they are claiming,you will be on safe ground and able to prepare your defence.

 

Regards

 

Andy

Edited July 20, 2010 by Andyorch

[AndyOrch]

Apologies RGK should read CPR 31.16.

However try not to get to bogged down with the CPR as said I assume your case will fall into SCT and therefore the CPR is very restricted to this track.

 

Moving back on to the CLaimants blank P.o.C

The particulars of claim in English litigation is the statement of facts attached to the claim form that sets out the causes of action that the claimant intends to press against the defendant in litigation.

The particulars must contain a concise statement of the nature of the claim, the remedies that the claimant seeks from the court; the sum of money claimed, where the particulars contain a claim for money; whether interest is also claimed. Civil Procedure Rules require additional information in certain types of cases.

Ideally, the particulars of claim should be served with the claim form. If it is not, it must be served within 14 days of service of the claim form. The particulars must be supported by a statement of truth, in the form ‘[i believe][the claimant believes] that the facts stated in these particulars of claim are true.’

The document should be broken up into individual numbered paragraphs.

Importantly, the following information must be set out in the document:

1. Any allegations of fraud
   
2. Alleged illegality
   
3. Details of any misrepresentation
   
4. Details of alleged breaches of trust (including fiduciary duties)
   
5. Notice or knowledge of a fact
   
6. Unsoundness of mind or undue influence
   
7. Details of wilful default
   
8. Facts relating to mitigation of loss or damage.
   

Where injunctive relief or a declaration is sought in respect to land, the particulars must identify the land; where goods are sought to be recovered, the value of the goods must be specified; where the claim is based on a written agreement, the contract should be attached to the particulars or at very least the relevant clauses should be set out in the document; where an oral agreement is relied upon, the contractual words must be set out in the particulars; and in the case of an agreement by conduct, the acts relied upon must be set out.

 

 

Regards

 

Andy

[AndyOrch]

Proceedings start from the moment the N1 is deemed served IE within the 5 days then the 28 days for your response and intended intentions.

Your case being different to the norm, CC, loan,OD cases on here, the CPR can be used to discover the foundation of the Claimants claim.What it can be expected to return would be paperwork to justify the Claimants case and amount in question. All this will have to be backed up in a Court has to how the Claimant makes his claim and proof that which his case relies upon.

Can you actually post up the scant details of their P.o.C verbatim and I will see the best way to use the correct CPR request if any is required.

 

As I have said you have no control over how and when the Claimant amends their P.o.C and in the meantime can only submit an intention to defend all until such time the Claimant can explain and justify their claim.

Owness is upon them as they will have to explain to the DJ the merits of their claim,or are they expecting you not to defend on the hope of a CCJ by default?

 

Regards

 

Andy

[AndyOrch]

Hi RGK

 

I would normally advocate the use of CPR 18 in these cases which will request all documents they wish to rely upon.Send not less than recorded delivery and retain proof of postage.I would allow them 10 days to respond and head the request "Request for documentation under CPR 18"

They may respond they may not (CPR 18 is not applicable to SCT) but you can refer to it later in your defence.

 

You may also wish to print this off for your file if not all ready done so:-

 

http://www.justice.gov.uk/civil/procrules_fin/menus/protocol.htm

 

Further ammunition for your defence.

 

Regards

 

Andy

Edited July 20, 2010 by Andyorch

[AndyOrch]

Excellent. Thank you!

 

I note your comment that these rules are not applicable for SCT cases. I've also seen other postings on here that advise requests for information before a track is selected by the courts, these people are saying that because it has not been assigned to the SCT yet then they can use the procedure. What do you think of that argument? Nonsense have they been successful? At what point is a track selected? At Allocation and then AQs are released after consideration of complexities of each case.

 

The description of 18.1 says "the court may at any time order..." This is referring to FT and MT. Should my request not be sent to the court rather than the Claimant? No send it to the Sols names on the N1 acting for the Claimant

 

The "at any time" bit in the above statement would suggest that I could actually go ahead with a request right away, before the P.o.C are received. What do you think of that idea? Absolutely its the norm to send CPR as soon as any Summons hits the mat,this enables more time for response before submission of ones defence (if they decide to comply)

 

Thanks again

 

John

 

 

Ok for now John?

 

Regards

 

Andy

[AndyOrch]

CPR 31.14 would apply to the this line in the Claimants P.o.C and only that specific document

 

The Claimant invoiced the Defendant, providing certified copies of expenditure. The Claimant claims:-

 

Considering the nature of your case CPR 18 may be considered to prove fruitless as little data would be expected to be held in in relation to the claim in this matter, however it may reveal the nature of :-

 

The Claimant provided services to the defendant at Flat N, N VVVVV Road, HHHHHH, Postcode

 

 

and also :-

 

2 Late payment interest under the Late Payment of Commercial Debts (Interest) Act 1988 ("the Act")

3. Late payment interest on a daily basis to the date of judgment

4. Statutory Compensation under the Act being a fixed sum of £70

 

 

 

I would therefore advocate sending both the CPR 18 / 31.14.

Seven days grace would be reasonable as you are requesting all information pertaining.Seven days would also allow time to make application to force disclosure before allocation.

 

Regards

 

Andy

Edited July 21, 2010 by Andyorch

[AndyOrch]

You dont pay for a CPR request, is the above letter from the claimant or their Sols?

Write back to them (their Sols) and inform them that if they fail to respond their conduct will be reported to the Court handling the case.Also you will disclose their letter asking for said fee and raise the Pre Action p

Protocol p

Procedure in your AQ when costs come into question.

They are trying to be smart and pull the wool over you as a LiP.

 

 

Regards

 

Andy

[AndyOrch]

Just sent the letter saying I won't be paying the £85 asked for and reminded Claimant that they need to provide the info. otherwise I will inform the court they are trying to frustrate proceedings and deny me the opportunity to file a defence.

 

One other thing I said, which I'm now having doubts about, is that I have asked them to agree to a 28 day extension if they can't provide the information by 12th August. I have to file my defence by 17th August so things are very tight and I would like to spend some time with my son while he's off school. At the moment I'm constantly thinking of what I'm going to say in the defence and am not very good company. I have told the Claimant them to reply by 12th in regard to the request for an extension.That fine but but also check with the court re extension the Claimant may agree but not actuallt request same,therefore allowing you to submit your defence late.You can also request an extension yourself now that that you have informed the other party

 

If I don't hear anything by 12th is there any way I can get the Court to grant an extension for filing the defence? see above My dealings with the court have been very worrying so far.

 

I sent a letter to them on 19th July, my ack. of service on 20th and another letter on 21st. I had to take a copy of my ack. of service over yesterday because they said they hadn't received it and they say they can't find the letters, but they may be in 'the pile waiting to be dealt with'. How on earth can you get a decision on an extension in time if this is how they operate?

 

 

If extensions are refused then you must submit that defence on time irrespective of them having or not furnished said information.Try not to worry and let this consume you in the absence of information you will submit an embarrassed defence,thats all that is needed to halt the process of Judgment by default.Something they never expected you to do.

Now their work begins

 

Enjoy the time with your Son, thats priority, the above cretins will wait

 

 

Regards

 

Andy

[AndyOrch]

Unfortunately I am not privileged to have that facility as it was disabled by the site team for some unexplained reason

 

Regards

 

Andy

[AndyOrch]

RGK just post your thoughts here in the open forum i will receive an email.You can then edit it instantly if you prefer it not to be on the open forum.

Any advise from me will be posted on the forum.

 

Regards

 

Andy

[AndyOrch]

RGK you would have to inquire with your Court, should the claim be struck out, whether they would be prepared to make a wasted costs order in your favor.

 

Regards

 

Andy

[AndyOrch]

RGK if you have received the order is there any mention of costs.

 

 

Regards

 

Andy

[AndyOrch]

Wait until you receive the Order that the claim as been SO.You have Upton 3 months after the judgment to consider your position and research and prepare.

Wasted costs orders are quite rare on Strike Outs but not impossible.

[AndyOrch]

I've not received anything from the court and have just phoned them and been told that they would be very surprised if I do receive anything.

Utter nonsense RGK the court is at liberty to issue a Notice that the Claim as been struck out.

 

Regards

Andy

[AndyOrch]

In English litigation, courts have the power to remove the whole or part of a statement of case (traditionally referred to as a pleading). The power to do so may be exercised on the application of an opposing party in the litigation where (a) the statement of case (usually particulars of claim or a defence) does not disclose a cause of action, such that there is no reasonable ground for bringing or defending the claim, (b) the pleading does not contain a sufficient precise statement of the facts upon which the claimant relies, © inadequate reasons are given for a denial in a defence, or (d) the proceedings are an abuse of the process of the court.

The power to strike out may also be exercised of its own motion, without notice to the parties. Striking out particulars of claim and defences may also be ordered by courts as a measure to address repeated failures by a party to comply with case management directions, practice directions or other orders of the court.

Applications to strike out should be supported by evidence, unless the application is based solely on a point of law. The court is at liberty to treat a strike out application as one for summary judgment in order to finally dispose of issues that are unworthy of pre-trial processes and investigation. Such applications are properly brought prior to the filing of allocation questionnaires, and a defendant who files a defence on the merits in response to defective particulars of claim is at risk of being denied its application, as the application is inconsistent with defending the proceedings.

A court may be inclined to exercise its power to strike out the whole or part of a statement of case is where that statement of case discloses no reasonable grounds for bringing or defending a claim. Such cases include particulars of claim or a defence which:

1. do not set out facts indicating what the claim is about,
   
2. those which are incoherent and make no sense,
   
3. those which contain a coherent set of facts but those facts, even if true, do not disclose any legally recognisable claim against the other party or do not amount in law to a defence to the claim, and
   
4. are vexatious, scurrilous or obviously ill-founded. In making the assessment, the court will assume that each of the allegations pleaded are true.
   

When a strike out application is successful, either the proceedings are struck out in their entirety or some part of the pleading is struck out. A successful strikeout application may lead the court to enter judgment in favour of the other party, bringing an end to the issues and disputes before the court.

Strike out applications serve a similar purpose to summary judgment applications. Both types of applications are properly available in litigation which does not require full investigation and a trial. In respect to costs, the usual rule is the party whose statement of case has been struck out will be liable to pay the costs of the other parties involved in the litigation.

 

Regards

 

Andy

[AndyOrch]

OK, what can I do about it?

 

Incidentally, the order requiring the Claimant to send in a completed AQ stated "If you do not comply with this notice, your claim will automatically be struck out without further order of the court." Does that make any difference?

 

Well yes it means that no order will be issued but nether the less the claim as been struck out, therefore you now need to issue a wasted costs order

[AndyOrch]

Yes approach the Claimants Sol firstly with your breakdown and figure test the water so to speak. See what response you get.

 

Andy

[AndyOrch]

Morning RGk

 

I would wait to see the out come of their application.They have had your estimated costs.Wait to see the decision and then slap in your WC with the DJ if then hearing goes your way.

 

Regards

 

Andy

[AndyOrch]

Hi RGK

 

You can wait for the order but dosent really matter.Get your costs in now.

 

Regards

 

Andy

[AndyOrch]

14 should be ample

[AndyOrch]

Hadituptohere V Cabot ** CASE STRUCK OUT**COSTS PAID**

 

All you need to know re wasted costs (sorry the link dosent work but im under privileged) not allowwd to attach in other words.

 

 

Regards

 

Andy

[AndyOrch]

RGK

 

Can you scan in what you have received less personal, difficult to decipher whats going on here

Fresh eyes etc.....

 

Regards

 

Andy