Northampton County Court Claim form received - help please! **Claim dismissed**

[angryape]

Thanks for the advice guys - I will wait to see if there is any response to the CPR - Ill give it to next Monday and then consider ringing to see what their game is. I am a bit loathe to ring them as I do not trust them - I would prefer to have written evidence of any contact between us.

 

Many thanks,

 

AngryApe

[angryape]

Hi folks - still nothing from the claimant whatsoever - this will be another week. Should I go for disclosure and strike out if not complied with, or just enter a defence and see what happens?

 

Thanks again for your ongoing help.

 

Angryape.

[AndyOrch]

Hi Angry

 

How much is the debt ballpark 5K 10K ish?

 

Regards

 

Andy

[angryape]

More like 16K allegedly!

[DonkeyB]

Makes me think an N244 is worth the £75 for strike out then...

[angryape]

Hello Donkey B! I have just this morning received a letter from Drydens...

 

We write in relation to the above matter and further to your recent correspondence.

 

The documentation required by you has been requested from our client and will be forwarded to once we are in receipt.

 

Your etc...

 

Shall I still proceed with the N244 seeing as they haven't complied with the CPR/asking for extra time etc?

 

Many thanks,

 

Angryape

[DonkeyB]

It’s up to them to offer extra time in this instance, IMO, and your choice to accept or refuse.

 

As they have neither complied with CPR, nor offered time, I believe a strike out request would be valid. I doubt it would be successful in full, but if your request is to strike out OR to make ann order for disclosure, then at least they’re against the clock.

 

Their letter effectively admits they have taken legal action based on facts they cannot possibly know to be true, as they did not have the documents to back up their case. If they want to play hard, so can you.

 

There are problems with defences where you have little or no info, and you have to construct them very carefully – see this thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?283443-Embarrassed-Defences-and-the-problems-with-them.

[angryape]

Thanks DonkeyB - just read through that thread - think I am in danger of confusing myself with information overload. Would anyone be able to assist in the wording of the request?

 

Many thanks,

 

Angryape

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?309473-Advice-needed-on-court-summons

 

Regards

 

Andy

[angryape]

Many thanks Andy. So in the boxes on the form - I should be asking for an order to strike out/disclose, and below I will be relying on the evidence as follows....

 

The defendant has no knowledge of this case and has requested copies of the documents listed in the particulars of claim under CPR 31.14 twice over a 3 week period. (Copies of letter and recorded delivery enclosed). On 28th June a letter was received from the claimants solicitors stating that the information has been requested from their clients. This is well outside of the 7 days requested and does not allow the defendant to make a case.

 

Would that be adequate? Although I have read the other threads posted, I am not confident about this part of the process.

 

Many thanks,

 

AngryApe

[AndyOrch]

Yes thats fine Angry, you may wish to include any request for extension to allow them to furnish has also been ignored.

 

Regards

 

Andy

 

PS dont put it in evidence, just in the reason for application

Edited June 29, 2011 by Andyorch

[AndyOrch]

Oh and its without an hearing so its only £40:razz:

[angryape]

Many thanks Andy - do I have to put anything in the evidence section?

 

AngryApe

[AndyOrch]

No leave blank

[angryape]

Thanks so much for all the advice - Ill let you know how it goes

 

 

Angrape

[angryape]

Hello again folks. I went to put in the N244 but the court advised me to wait till nearer the last date possible, in case the claimant drops out due to not having the info. The last possible point of filing etc is next Monday. I am going to file the N244 tomorrow. Do I just request a strike out as I they have not asked for extra time and have not disclosed the POC they claim to have? Or do I ask to Strike out OR make an order for disclosure?

 

If the latter was granted I assume there would be extra time?

 

Thanks in anticipation.

 

AngryApe

[angryape]

Hi folks, just rang up the court helpline to get the fax number to send the N244 and to pay over the phone. The lady on the phone is trying to convince me that I dont need to apply for any orders, just to file my defence and it may not even get to court.

 

Could I have some advice please as Im quite keen to get it all sorted today - I have till 4pm Monday but dont fancy stewing over it all weekend.

 

Many thanks,

AngryApe.

[AndyOrch]

Hi Angry

 

What she states is quite true and is one course of action to be considered,you have requested information (also an extension I presume)

neither have been furnished.You submit a short holding defence to meet the deadline the Claimant then has 28 days to respond.If they still fail to respond the matter is stayed (automatically) How long it remains that way is the Claimants choice but because of the failure to respond within the given time period they then have to make application to lift the stay to proceed and have to provide a reason for non response initially.If they do lift the stay then you will receive a n AQ and the matter will be transfered to your local CC.On completion of the AQ you will have chance to request directions ( again documents) and a Notice of Allocation will sent to your from the Court.This will contain directions (yours and the DJs) on what must happen next, if they fail to follow any of those the claim may well be struck out automatically by the DJ using his own discretion and therefore not cost you a penny nor any need for any applications to be made.

 

Regards

 

Andy

[angryape]

Hi Andy - thats great - many thanks!

 

AngryApe

[angryape]

Hi folks, just thought I would give you an update.... good news! The court gave an order for them to disclose within 14 days, the deadline was yesterday. I received a letter from their solicitor saying that the claimant could not obtain any documentation that would enable them to comply with the terms of the order. It requests that the court dismiss this matter with an order for no costs.

 

So as some people have suggested, it appears they didn't have any of the evidence they were relying on in the particulars of claim.

 

I would just like to say thank you to all of you that helped and advised me through this, I wouldn't have known where to start without you!

 

Angryape

[AndyOrch]

Well done Angry Ill get your thread updated to accommodate this result.

 

Regards

 

Andy

[AndyOrch]

Edited not applicable

 

Andy

[cerberusalert]

Title updated.

[AndyOrch]

Thankyou Cerberusalert.

 

Regards

 

Andy

[DonkeyB]

Hi folks, just thought I would give you an update.... good news! The court gave an order for them to disclose within 14 days, the deadline was yesterday. I received a letter from their solicitor saying that the claimant could not obtain any documentation that would enable them to comply with the terms of the order. It requests that the court dismiss this matter with an order for no costs.

NO, I BELIEVE YOU SHOULD BE DUE YOUR COSTS! IT IS NOT UP TO THEM TO DECIDE COSTS. HAVE THEY ISSUED A FORMAL NOTICE OF DISCONTINUATION? DID YOU ENTER ANY DEFENCE?

 

So as some people have suggested, it appears they didn't have any of the evidence they were relying on in the particulars of claim.

THAT’S WHY YOU SHOULD CHASE YOUR COSTS.

 

I would just like to say thank you to all of you that helped and advised me through this, I wouldn't have known where to start without you!

 

Angryape

 

Just my thoughts. They deserve a kicking for entering a claim when in possession of zero evidence.