mbna - link issued court papers help?

[AndyOrch]

Ok thats fine so you have not missed anything important.The N170 is the Pre trial Check list.The Listing Fee is payable by the Claimant.It is merely a means to confirm that all directions have been complied with so in your case have they disclosed everything you have requested?

 

This should then be sent to the Court in which the case is proceeding together with payment of the Listing Fee where required.

There is no requirement that the parties exchange copies of their Pre-trial Checklists with each other. However, they are encouraged to do so to avoid the Court being given conflicting or incomplete information.

 

You can download it and complete today and email or fax it to Northampton with a covering letter as to why its late.

 

With regards to Links letter you have received I have not the foggiest what they are talking about.

 

Regards

 

Andy

[almond]

HI

they say its because i failed to comply with order to do check list so they are going for judgement, can i do check list now and ask them to give me an extension for two months as i requested before, i will still not know for a couple of weeks if i need operation to remove abcesses

[AndyOrch]

Have you been set a trial date? Did you ever receive a copy of their WS ?

[almond]

yes trial date is 28th june, got witness statement last month

its been moved to my local court

 

just off to get blood taken back about 11.30 just in case you thought i had gone

[AndyOrch]

Complete the N170 as advised above with a covering letter and make your request.When considering an adjournment the court must consider the overriding objective CPR 1.1 as to whether;-

 

the parties are on an equal footing

the case is dealt with proportionately. expeditiously and fairly; and

a proportionate and appropriate share of the court’s resources is allocated to the case.

 

I am not sure your reasons would be accepted as valid for an adjournment to be considered but you can only request.

 

Regards

 

Andy

[almond]

hi

have just got post from court

 

it is ordered that

1 the time for the defendent to file her amended defence and disclosure statement is extended to 19th june.

 

2 the trial listed on 28th june is vacated

 

3 this order has been made by the courts own motion. Any party affected by this order may apply

to the court within 7 days to ask for the order to be set aside, varied or stayed (pursuant to

part 3.3(5)a of cpr

 

does anybody have any idea what it means?

[AndyOrch]

Saves you having to request adjournment Almond.Have you not completed the N265? This is standard disclosure and you have been allowed extension to submit.

 

Andy

[almond]

hi

don't know what a n265 is i have checked the form i have and its a n170 questionaire form

[AndyOrch]

Reading between the lines Link have tried to push for judgment but the Court as shown leniency towards you the defendant.Link do have opportunity to object.

 

" 3 this order has been made by the courts own motion. Any party affected by this order may apply

to the court within 7 days to ask for the order to be set aside, varied or stayed (pursuant to

part 3.3(5)a of cpr "

 

Regrds

 

Andy

[AndyOrch]

If you refer back to your Notice of Allocation it gives the time table of what is required from each party, you got as far as the WS , next is Standard Disclosure (N265) then its simultaneous exchange then the N170.

[almond]

will look later at all the paper,do you think link will be able to get a judgement ? or will they be able to over throw

the courts motion, what is the worst that can happen

[AndyOrch]

I would get your N265 and N170 away today without delay then you are back on track.Whether Link to make application to set a side or vary or stay the order is unknown at this stage.Lets hope for you they don't.If they did they could make application to strike out your defence and request Summary Judgment.Thats why its imperative you do the forms today and enclose a covering letter as suggested to inform the Court the reasoning behind your delay.

 

Andy

[almond]

HI

Will put in n170 and ask about n265 since i really can't remember having one to do

 

just thinking was a n265 were i had to submit paperwork i was using in defence since i sent that to them in feb - mar time

[AndyOrch]

HI

Will put in n170 and ask about n265 since i really can't remember having one to do

 

just thinking was a n265 were i had to submit paperwork i was using in defence since i sent that to them in feb - mar time

 

Yes its a listing of all referred to and relied upon to support your defence.