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


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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.

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Hi Andy

 

Did not ask for extension in original letters (gave them 7 days to comply which expired 8th August) only asked verbally in the recorded conversation yesterday. Is this a problem? Where should I refer to the conversation (if at all) ie should the order now go along the lines of my original draft which refers to their and my letters and the onversation?

 

J

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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

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Hi Andy (you must be sick of me!)

 

So the order now goes:

 

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, and a verbal request made on 8th August 2011 for an extension pursuant to CPR 15.5.I which the claimant refused without reason, for 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.

The draft order now which reads:

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 grant an extension pursuant to CPR 15.5.1

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

[assessed in the sum of £130.00]

 

Also still don't know what dates to insert.

 

Thanks again.

 

J

 

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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]

 

 

:razz:

 

Regards

 

Andy

 

 

 

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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 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?

 

Thanks again.

 

J

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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

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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. Is it rather asking that they don't apply as they refused my request?

 

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

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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

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Hi Andy and all.

 

This is the final version, is it ok to go? Do I need to include copies of my letters and their response letter as I refer at least to mine? Am I right that the fee is £45 and payable to HMCS?

 

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 Claimant time to comply with this order, an extension pursuant to CPR 15.5, this having already been verbally requested by the Defendant from the Claimant, who flatly refused the 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 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]

Thanks again.

 

J

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Thats fine Jockey and yes its £45.

 

 

Regards

 

Andy

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

  • Confused 1

We could do with some help from you.

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Hi Jockey

 

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

 

 

Andy

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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

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Hi Andy

 

Spoke to Court and there is a 5 day turnaround so suggested submit defence which can go via email thankfully. Should it be on the lines of no docs produced, can't defend?

 

Deadline 4pm tomorrow so need to get my skates on!!

 

Thanks again.

 

J

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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

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