Nelson Guest/Wescot County Court Claim ***discontinued with wasted costs ***

[Jockey99]

Good morning Andy, gentle nudge!

 

J

[Jockey99]

Harder nudge!

 

J

[AndyOrch]

Don't worry Jockey you are on my to do list:-)

[Jockey99]

Hi Andy.

 

Going to submit defence via MCOL. Looking at Citizen's guidance notes I hav come up with this:

 

The Defendant is unable to plead due to the Claimant's failure to comply with its CPR 31.14 duties in disclosing requested documents

On 20th and 21st July 2001, following service of the Claim Form in this case, the Defendant wrote to the Claimant requesting inspection of documents mentioned in the Particulars of Claim pursuant to CPR 31.14. Copies of these letters of request are attached.

The Claimant replied by letter dated 1st August 2011 acknowledging the letter of 21st July and informing the Defendant that they would be in contact in due course. No such contact from the Claimant has been forthcoming. A copy of this reply is attached.

On 8th August 2011 the Defendant telephoned the Claimant, Westcot SPV Limited, to ascertain when the aforementioned documents would be available. The Claimant’s employee, Mr Steve (SURNAME REMOVED) , referred with a colleague and informed the Defendant that the documents were unavailable at this time. The Defendant requested that the Claimant grant the Defendant a further 28 days for the production of the aforementioned documents in order for him to prepare a defence. This request was refused by the Claimant in the person of Mr (SURNAME REMOVED)who stated that the Defendant should issue a defence without the aforementioned documents. The Defendant asked Mr (SURNAME REMOVED) whether the telephone conversation was being recorded and Mr (SURNAME REMOVED) confirmed that it was.

The documents sought by my request are essential for the proper preparation of my defence and the determination of the claim and CPR 31.14 afford me a right to inspect those documents.

The Defendant reserves the right to amend this defence and has made an application to the court for an order compelling disclosure.

 

Bits in red are there becaus I am not sure if I can attach docs??

 

What do you think or am I way off??

 

Thanks.

 

J

Edited November 6, 2013 by alanfromderby

[AndyOrch]

Yes thats fine Jockey, you could send a hard copy with their responses attached also along with your MCOL submission.

 

Well done

 

 

Andy

[Jockey99]

Thanks, Andy. Guidance notes say NOT to send hard copy if filed online. So I assume I should just refer to docs and not attach?

 

J

[AndyOrch]

Ahhh yes correct ok well you can introduce them later in the process.

[AndyOrch]

Just a little guidance when submitting a defence Jockey and points to consider:-

 

Content of defence

 

16.5

 

(1) In his defence, the defendant must state –

(a) which of the allegations in the particulars of claim he denies;

 

(b) which allegations he is unable to admit or deny, but which he requires the claimant to prove; and

 

© which allegations he admits.

 

 

(2) Where the defendant denies an allegation –

(a) he must state his reasons for doing so; and

 

(b) if he intends to put forward a different version of events from that given by the claimant, he must state his own version.

 

 

(3) A defendant who –

(a) fails to deal with an allegation; but

 

(b) has set out in his defence the nature of his case in relation to the issue to which that allegation is relevant,

 

shall be taken to require that allegation to be proved.

 

(4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation.

 

(5) Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.

 

(6) If the defendant disputes the claimant’s statement of value under rule 16.3 he must –

(a) state why he disputes it; and

 

(b) if he is able, give his own statement of the value of the claim.

 

 

(7) If the defendant is defending in a representative capacity, he must state what that capacity is.

 

(8) If the defendant has not filed an acknowledgment of service under Part 10, the defendant must give an address for service.

[Jockey99]

Thanks, Andy. This will no doubt come into play when "proper" defence is filed assuming they come up with docs??

 

For now all filed and awaiting responses.

 

Speak to you in the future.

 

Thanks again.

 

J

[Jockey99]

*** Update***

 

Just received a letter thos morning from Westcot:

 

"We write in reference to the above matter (Refers to claim no etc in heading).

Further to our letter of the 1st August 2011 (confirming receipt of my info request) we have been unable to obtain what we believe to be sufficient evidence to support our Claim.

We have therefore decided not to pursue this matter any further and confirm the balance outstanding has been written off."

 

Quick questions,

 

1. Does this actually mean the debt is now gone forever or can it be resurrected in future?

2. I did submit N244 asking court to force Westcot to produce evidence and asked for costs, what will happen now?

3 Should I let the court know about Wescot's letter?

 

Many thanks.

 

J

[AndyOrch]

Hi Jockey Is it a Notice of Discontinuance you have received?

 

Andy

[42man]

Yes check with the court to see if it has been discontinued.....if it has then you can go for a wasted costs order

[Jockey99]

Andy, no it does not include anything on discontinuance.

 

42Man - will phone court to see and let you know.

 

Thanks to you both.

 

J

[AndyOrch]

Only if you receive the N279 is a claim discontinued.If they have discontinued with the Court but failed to send you notice

they may be trying to avoid wasted costs as 42man states.Clarify with their sols what their intentions are.

 

Regards

 

Andy

[citizenB]

*** Update***

 

Just received a letter thos morning from Westcot:

 

"We write in reference to the above matter (Refers to claim no etc in heading).

Further to our letter of the 1st August 2011 (confirming receipt of my info request) we have been unable to obtain what we believe to be sufficient evidence to support our Claim.

We have therefore decided not to pursue this matter any further and confirm the balance outstanding has been written off."

 

Quick questions,

 

1. Does this actually mean the debt is now gone forever or can it be resurrected in future?

2. I did submit N244 asking court to force Westcot to produce evidence and asked for costs, what will happen now?

3 Should I let the court know about Wescot's letter?

 

Many thanks.

 

J

 

 

This is interesting.. and excellent news. If I recall, although they listed a solicitor on their claim form.. Wescott were in fact acting on their own behalf werent they.

 

I wonder if they realise that they MUST let the court know if they are discontinuing and that you can claim Wasted costs as advised above.

[42man]

You might find these links useful

 

http://webarchive.nationalarchives.gov.uk/+/http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part38.htm#IDAMEC5B

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?134172#post1805020

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?163222#post2171743

[Jockey99]

Ok. Spoke to Court and no notice sent by Wescot. Rang Westcot and spoke to Adam Pottage who said after consultation with "defence team" that they do not inform court to discontinue, rather say later that they do not wish to collect! Think I will send the court a copy of their letter and would like to know how I can pursue my costs, if I can of course!!

 

Many thanks.

 

J

[Jockey99]

Hi

 

Below is a draft letter to the Court, any tweaks or obvious ommissions gratefuly received:

 

Dear Sir

 

Claim Number XXXXXXXX – Wescot SPV Limited v

 

I refer to the above claim and attach a letter from Westcot dated 7 September 2011 in which they state that they are not pursuing the matter any further.

I telephoned Westcot on 8 September 2011 to enquire as to whether they had informed the Court of their decision and to discontinue their claim. A spokesman for Westcot, Mr Adam Pottage, informed me that this was not their policy.

On 12 August 2011 I submitted to the Court an Application Notice on form N244 requesting the Court to instruct the Claimant to provide information pertinent to their claim together with a Draft Order including a claim for the Defendant’s costs of £130 (one hundred and thirty pounds).

I would be grateful if you would confirm that due to the Claimant’s admission that they have no case that the case be struck out and that the Claimant should pay the Defendant’s costs.

Thank you.

Yours faithfully

 

 

Thanks in adavance.

 

 

J

[AndyOrch]

Thats fine Jockey mark it for the Attention of your Case Manager.To do it the way they state the claim will remain stayed (indefinitely)

They wont have the option not to collect because there will be no judgment to collect on.Numpties.

Its either one of two things, true ignorance of the CPR and court procedures or a crafty way to avoid paying NoD wasted costs order.I Will let you decide.

 

Regards

 

Andy

[Guest]

..............a crafty way to avoid paying NoD wasted costs order........

 

Regards

 

Andy

 

jockey

 

looking like the above!

also, they have stated that they have written it off. there is nothing to 'collect'!

Edited September 8, 2011 by Ford

[citizenB]

I wonder if this is an abuse of court process?

 

They must have already known that they didnt have the paperwork, but went ahead anyway. Probably hoping that the defendant would fold, or they would obtain a judgment in default..

 

Then to advise that they "just wouldnt go any further" I cant see this practice being acceptable to courts/judges around the country!

[AndyOrch]

Could be that there is further to come as Jockeys application is yet to be processed, or as the Claimant all ready had notification or got wind of it?

 

Andy

[citizenB]

Could be that there is further to come as Jockeys application is yet to be processed, or as the Claimant all ready had notification or got wind of it?

 

Andy

 

[Jockey99]

Hi.

 

Letter gone to court so wait and see.

 

J

[AndyOrch]

Excellent Jockey keep your thread updated.

 

Andy