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

[AndyOrch]

Hi Jockey

 

Follow this process hopefully you will have the same out come.:-Arrow / FV-1 inc / Court Claim *Case Discontinued**

 

Regards

 

Andy

[AndyOrch]

Read the thread its all there.

 

Andy

[AndyOrch]

Hi guys

 

Thanks from the bottom of my heart for your help so far. I have drafted what I should put in box 3 of the N244 form and would welcome any suggested amendments or if you think it is ok as is.

 

An order that unless within 14 days of the making of an order upon this application the Claimant complies with requests made by the Defendant on 20th July 2011 and 21st July 2011 pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely [1] the agreement [2] the assignment, the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court with the costs of this case to be paid by the Claimant to the Defendant to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

What about your request for extension CPR 15 and the claimants refusal?

 

The above is the Order requested

 

The application is made because of the Claimant's refusal to comply with the Defendant's CPR 31.14 request and the documents are required to enable the proper preparation of a Defence.

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. A copy of these letters of request are attached to this Form and marked “A” and “B”

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 to this application notice marked “C”.

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.

 

Also (sorry to be a pain), in Citizen's guidance notes he refers to a separate document to be aattached to the application notice and the content is below. My one question on this is what dates should I enter ( 1st line and 2nd to last para)?

 

The above is more like a defence (save for your defence)

 

Claim No:

Draft Order

[1] Unless by 4:00pm on (date) the Claimant complies with requests made by the Defendant on 20th July 20011 and 21st July 2011 pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely ,[1] the agreement [2] the assignment, the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court, and

[2] the Claimant shall pay the Defendant his/her costs of this case to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

In the event that the Claimant shall comply with this order,

the Defendant shall file and serve a Defence by 4:00pm on (date) and

[ii] the Claimant shall pay the Defendant his costs of this application [in any event]

[assessed in the sum of £130.00]

 

Attach the above as a Draft Order

 

 

Thanks again.

 

 

J

 

Regards

 

Andy

Edited November 6, 2013 by alanfromderby

[AndyOrch]

Sorry one more thing, should I file a defence now as the deadline is next Tuesday?

 

J

 

No wait until near the deadline so you can check if your application is processed or the Claimant discontinues.

Andy

 

[AndyOrch]

Sorry again, I assume I should send the N244 to the court by recorded delivery, do I need to copy in Wescot?

 

Thanks.

 

J

 

Yes but dont rush with the Claimants copy:wink:

 

Jockey you have not requested an extension to submit your defence or referenced the Claimants refusal, in your order.

[AndyOrch]

Just simply add it to the order that you request an extension pursuant to CPR 15.5.I have requested this verbally with the claimant who has refused

without reason.On the Draft Order add the request in between 1&2 after and....

 

Andy

[AndyOrch]

An order that unless within 14 days of the making of an order upon this application the Claimant complies with requests in writing made by the Defendant on 20th July 2011 and 21st July 2011 pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely [1] the agreement [2] the assignment.

It is also respectfully requested that to allow the defendant time to comply with this order. an extension pursuant to CPR 15.5 having already verbally requested this from the claimant, who flatly refused my request.Failure of the Claimant to comply with this order the claim shall be struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court with the costs of this case to be paid by the Claimant to the Defendant to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

 

 

Draft Order

[1] Unless by 4:00pm on (Court to direct) the Claimant complies with requests made by the Defendant on 20th July 20011 and 21st July 2011 pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely ,[1] the agreement [2] the assignment, the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court, and

[2] the Claimant shall pay the Defendant his/her costs of this case to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

In the event that the Claimant shall comply with this order,

the Defendant shall file and serve a Defence by 4:00pm on (Court to direct) and subject to extension being allowed.

[ii] the Claimant shall pay the Defendant his costs of this application [in any event]

[assessed in the sum of £130.00]

 

 

 

Regards

 

Andy

 

 

 

[AndyOrch]

Hi Andy

 

Not sure about your rewording seems a little confusing to me I seem to be ssking for time to comply with my own order?? Bits I mean are in red below:

 

An order that unless within 14 days of the making of an order upon this application the Claimant complies with requests in writing made by the Defendant on 20th July 2011 and 21st July 2011 pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely [1] the agreement [2] the assignment.

It is also respectfully requested that to allow the defendant (oops Claimant) time to comply with this order. an extension pursuant to CPR 15.5 having already verbally requested this from the claimant, who flatly refused my request.Failure of the Claimant to comply with this order the claim shall be struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court with the costs of this case to be paid by the Claimant to the Defendant to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 19

 

Could I perhaps change it to

 

May the Defendant respectfully draw the Court's attention to the fact that in order to comply with Claim number xxxxx, the Defendant made a verbal request to the Claimant on 8th August 2011 for an extension pursuant to CPR 15.5 which was flatly refused without good reason.

 

So the whole now reads:

 

An order that unless within 14 days of the making of an order upon this application the Claimant complies with requests in writing made by the Defendant on 20th July 2011 and 21st July 2011 pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely [1] the agreement [2] the assignment. May the Defendant respectfully draw the Court's attention to the fact that in order to comply with Claim number xxxxx, the Defendant made a verbal request to the Claimant on 8th August 2011 for an extension pursuant to CPR 15.5 which was flatly refused without good reason.

 

Failure of the Claimant to comply with this order the claim shall be struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court with the costs of this case to be paid by the Claimant to the Defendant to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

 

What do you think? No because your not requesting it unless you use what i have wrote

 

Thanks again.

 

J

 

Andy

[AndyOrch]

Hi Andy

 

See you've changed Defendant to Claimant but still not sure why this is in. It reads that I am asking the Court for more time for them rather than me.You are asking that, you are requesting the extension, because if they dont disclose you cant defend Is it rather asking that they don't apply as they refused my request? Its worded to look like for the benefit of the Claimant and not you, looking to drag it out.

Should I say:

 

It is also respectfully requested that to allow the Claimant time to comply with this order an extension pursuant to CPR 15.5 has already been verbally requested from the Claimant, who flatly refused this request.

 

J

 

I let you decide Jockey as long as its requested.

Andy

[AndyOrch]

Thats fine Jockey and yes its £45.

 

 

Regards

 

Andy

[AndyOrch]

You can attach copies of your CPR request and any response if any.

[AndyOrch]

Hi Jockey

 

You can send the claimant a copy (unsigned) purely for civil reasons.The court should serve a copy anyway.

 

 

Andy

[AndyOrch]

Hi Jockey

 

Check with Northampton, explain that your defence is due tomorrow and that you have made application.Ask if its advisable to enter a defence or will they confirm that a bar has been placed on the claim.

 

Regards

 

Andy

[AndyOrch]

Well it will be a little more than that Jock I'm sure we can muster a little something to cause them further anguish.

Just prompt me tomorrow (early) if I have not posted anything in the meantime.

 

 

Andy

[AndyOrch]

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

[AndyOrch]

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

 

Well done

 

 

Andy

[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.

[AndyOrch]

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

 

Andy

[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

[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

[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

[AndyOrch]

Excellent Jockey keep your thread updated.

 

Andy

[AndyOrch]

It does indeed mean just that Jockey, but lets wait until the date,what a claimant states and actually does are worlds apart.

 

Regards

 

Andy

[AndyOrch]

Yes yes and Yes, well done Jockey I will get your title amended.

 

Regards

 

Andy