Advice needed on court summons ***Discontinued****

[MorrisDog]

Update as Above..

[AndyOrch]

I would have thought the Solicitor takes that decision not the Client who are these Muppet's?

Did you mention your CPR 31,14 request?

[AndyOrch]

Ok Morris leave it with them for now they know you are applying pressure.

You have two options here continue and submit your holding defence by 29th without docs

and inclusion of the claimants behavior and request costs. Or you can make application direct to the Court

for an extension and costs request to drag this matter on and allow them to furnish said documentation.

Second option will cost you £40 though!!!!!

 

Andy

[AndyOrch]

In the meantime digest this so you know what is involved :- Embarrassed Defences and the problems with them

[AndyOrch]

Hi Morris

 

Further to your PM I personally would make application before you go away

your return will be too late considering your defence is due the next day.You need to download an application notice N244

and complete it with your request enclosing payment and without an hearing.

 

Just complete it stating Pursuant to CPR 15.5 I here bye request an extension to submit my defence re Case number xxxxxxx

Having requested information via CPR 31.14 on the xx xxx xx received by the Claimant xx xxx xxx with no response

and further requests to extension with no response. Acting as LiP in this matter I feel the Claimant,s none response

will prejudice me unfairly in this matter, and that wasted costs should be considered.

 

 

Regards

 

Andy

[MorrisDog]

Andy,

 

This is of great help to me thankyou. I'm not sure if the N244 is available to submit online? If not I will follow your advice above and post this to northampton first thing tomorrow. Is there any alternative to use the N244 to disclose the information i've requested in my CPR 31.14 against the claimant?

 

Many Thanks

[AndyOrch]

Andy,

 

This is of great help to me thankyou. I'm not sure if the N244 is available to submit online? No complete on screen and print off 3 copies If not I will follow your advice above and post this to northampton first thing tomorrow. Is there any alternative to use the N244 to disclose the information i've requested in my CPR 31.14 against the claimant? Yes we will submit directions when it gets to AQ (Allocation Questionnaire) stage you are not using the N244 to seek disclosure but to request the extension.I have only put that in to show the Claimants behavior in this matter.

Once completed send a copy to the Claimants Sols (unsigned) copy to Court and retain a copy for your file.

 

Many Thanks

 

Regards

Andy

 

[MorrisDog]

Ok Andy I will do this tomorrow. Will I need to attach copy of my CPR 31.14 with the N244?

 

Sorry for all the questions.

 

Thankyou

[AndyOrch]

Why not, it shows what you have requested and that you have already asked for an extension and given the Claimant pre warning.

[AndyOrch]

No need to complete the evidence section Morris.

 

Regards

Andy

[MorrisDog]

Thanks Andy,

 

Do I need to fill in section 4. & 9.? Totally new to these forms and cant seem to make sense of the guidance notes!

 

Many Thanks

[AndyOrch]

No No draft Order and yes serve it on the Claimant.

 

Andy

[MorrisDog]

Update:

 

N244 Sent to court this morning via recorded delivery. Lets see what comes of the application for extention, Still no reply from claiment re CPR 31.14 request.

 

Thanks to all who are helping me with this and to Andy for his guidance in filling out the N244, as I learn more about this I hope to help others out in the future.

Edited June 18, 2011 by MorrisDog

[AndyOrch]

Morris with regards to your other matter see here http://www.consumeractiongroup.co.uk...n-Who-are-they

 

Regards

 

Andy

[Ilike banks]

http://www.consumeractiongroup.co.uk...n-who-are-they/

 

linky no worky.

[MorrisDog]

Hi All,

 

I'm back now and arrived to no postal response from the claimants sols or the court regarding my N244 application for extention..

 

I need to file my defence by 4pm today, is anyone able to help me write up a short defence to take into account the awkwardness of the claimant?

 

Many Thanks,

 

Morris

[MorrisDog]

P.s.

 

The claim was issued on the 27/05/2011 a little confused if it is today or tomorrow I have to have the defence filed by?

 

Many Thanks,

 

Morris

[MorrisDog]

Update:

 

I have just phoned northampton and they advised me of a bar on filing defence until the District Judge has veiwed and made his decision on my application. This can apparently take upto 2 weeks to process..

 

Morris

[AndyOrch]

Morris with regards to your other matter see here http://www.consumeractiongroup.co.uk...n-Who-are-they

 

Regards

 

Andy

 

Link refreshed http://www.consumeractiongroup.co.uk...n-Who-are-they

[MorrisDog]

Hi Andy,

 

Thankyou for your link.

 

I have today received a Notice of Discontinuance from the Claimants solicitors in this matter.

 

I have phoned the court who say they have not received a Notice of Discontinuance as yet from the claimants though.

 

Many Thanks

 

Morris

Edited June 30, 2011 by MorrisDog

[AndyOrch]

Well done Morris

 

Easily sorted when you know how:wink:

 

Keep checking though.

 

Regards

 

Andy

 

I will get your thread title changed.

[MorrisDog]

Thanks Andy

 

With regards to other claim, solicitors have agreed an extention of 28 days.

 

Still have nothing with regards to CPR 31.14 though so not sure which direction to take? Maybe N244 for them to comply with my request?

 

Regards,

 

Morris

[AndyOrch]

Hi Morris

 

Other being FV1 ? If so i would advocate starting a new thread and title and give us a bit of background.

If they have agreed to extension then no application yet, sit a bit longer.What date have you agreed to defence?

 

If you can send me a link once new thread set up ill pop in.

 

Regards

 

Andy

[citizenB]

Oh well done, and another one bites the dust

[AndyOrch]

Morris your NoD is not connected with your application which I advised. More of a coincidence and the fact that you threaten to do it.

You need to inform the Court that the Claimant has discontinued (if they haven't all ready) and that your application is now void, may even get a refund but dont hold your breath:!: Retain and guard your copy of the NoD.

 

Regards

 

Andy