Help needed with requesting documents and also requesting a time extension from solicitors.

[CCJ_Worries]

Hello everyone. I have been reading this forum for a few weeks after receiving paper work from Northampton County Court. I have aknowledged the papers then following advice on this thread I wrote requesting documents and also requesting a time extension from the solicitors. Over 12 days have passed since I sent the letter I have heard nothing from them.

 

Could someone please tell me what to do now?

 

Thanks

[maroondevo52]

Hello and Welcome,

 

Think you'll get more advice with a thread of your own, I've started one for you in the Legal Issues Forum.

Please continue to post here with regards to this issue.

 

Thanks.

 

Scott.

[AndyOrch]

Hi CCJ

 

What is the time frame on this, what date is your defence due?

 

Regards

 

Andy

[CCJ_Worries]

Hello, it's due by the 3rd October.

[AndyOrch]

Ok first thing tomorrow ring their Sols and ask for the person dealing with your case.Ask why there as been no response to your CPR requests and is there any intention to respond before the 3rd Oct and if not that they agree to an extension CPR 15.5 to allow a further 28 days for them to disclose.

Dont take no for an answer and if they refuse state you will make application anyway and for costs to be considered for both parties. Once you have their agreement ask for them to either fax or email their consent to you, and then you attach that to you request to CCBC (email it over) then phone to check its receipt.

 

Regards

 

Andy

[CCJ_Worries]

Thanks Andy

Will do.

When you say email request to ccbc is that the request for time extension?

 

Thank you

[AndyOrch]

Correct CCJ, Northampton once they have given you written conformation.

 

Andy

[CCJ_Worries]

I called the solicitors this morning as suggested and they said the solicitor dealing with it is on leave but someone would get back to me.

If they don't get back to me can I ask the court for time extension or do anything else?

 

Thank you

[AndyOrch]

Ring again in the morning and then every hour until they get back.When is he due to return? the day of your defence:oops:

 

Agreement extending the period for filing a defence

 

15.5

 

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

 

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

 

Regards

 

Andy

[CCJ_Worries]

That's great Andy, thank you for the draft.

 

Yes she is due back on Monday.

 

Being the worrier I am, if they don't come back in time or don't agree can I file for it to be struck off or stayed? I have read this on some other threads but not really sure if it applies or how to do it. Can it be struck off/stayed for not supplying documents or agreeing to a time extension.

 

Sorry for the all the questions.

[AndyOrch]

That's great Andy, thank you for the draft.

 

Yes she is due back on Monday. Monday the 3rd same day as defence due and too late to agree an extension:lol: how coincidental.

Being the worrier I am, if they don't come back in time or don't agree can I file for it to be struck off or stayed? No I have read this on some other threads but not really sure if it applies or how to do it. Can it be struck off/stayed for not supplying documents or agreeing to a time extension. Not that simple

 

Sorry for the all the questions.

 

I would just submit an holding defence by the 3rd and make them disclose later.

Andy

 

[CCJ_Worries]

Would this be suitable. Mixed together from a few threads.

 

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In the XXXXXXX county court

 

Claim Number XXXXXXX

Between

Xxxxxxxxxxx Claimant

And

Xxxxxxxxxxxxx Defendant

 

 

Defence

 

1. I xxxxxx of xxxxxxxxxxxx am the Defendant in this action and make the following statement as my Defence to the claim made by xxxxxxxxxxx.

 

2. Except where otherwise mentioned in this Defence, I neither admit nor deny any allegation made in the Claimant’s Particulars of Claim and put the Claimant to strict proof thereof.

 

3. No documents supporting the Particulars of Claim have been offered and despite a request to the Claimant for further information via CPR31.14 dated xxxxx and sent by recorded delivery, none has been forthcoming. The content of such documents that the Claimant will rely on in Court are vital to this case, especially given that I am Litigant in Person, and as a result I cannot plead in defence to the claim. The Defendant is therefore embarrassed.

[AndyOrch]

I have not even seen their P.o.C yet, CCJ to be able to say what holding defence to submit.If you can type out less personal data

verbatim and a rough idea for how much is involved.Don't submit the above until i get back to you.

 

Andy

[CCJ_Worries]

POC

... was employed to build a website. However .... failed to build a satisfactory website as instructed. ... did attempt to rebuild the site but the site was just a menu and banner without any other details. ... was suppose to meet ..... during the process and failed to do so on the rebuilding of the website. As .... failed to fulfil his contract ... demanded a refund to go to another website builder. After many requests .... has failed to refund the money. ..... has all the emails corresponding to the website and liaison with .... The claimant claims interest under sec 69 etc

[AndyOrch]

Thanks CCJ

 

And a rough value so I can anticipate which Track.

 

Andy

[CCJ_Worries]

Claim form states amount claimed 270 + court fee 25 total 295.

 

Thank you for your assistance Andy.

[AndyOrch]

Ok so it most certainly be in SCT (Small Claims Track) Did you request an extension pursuant to CPR 15.5 within your CPR 31.14 also?

[CCJ_Worries]

Yes I did with response requested within 7 days.

[AndyOrch]

Defence

 

1. I xxxxxx of xxxxxxxxxxxx am the Defendant in this action and make the following statement as my Defence to the claim made by xxxxxxxxxxx.

 

2. Except where otherwise mentioned in this Defence, I neither admit nor deny any allegation made in the Claimant’s Particulars of Claim and put the Claimant to strict proof thereof.

 

3. No documents supporting the Particulars of Claim have been offered and despite a request to the Claimant for further information, both verbally and written via CPR31.14 dated xxxxx and a request for extended time pursuant to CPR 15.5 sent by recorded delivery, the Claimant as evaded my request and no response has been furnished. The content of such documents that the Claimant will rely on in Court are vital to this case, especially given that I am Litigant in Person, and as a result I cannot plead in defence to the claim.

 

4 The Claimant has failed to comply with Section III and IV and Annex B of the PD Pre-Action Conduct.I request that this should be considered when Costs come into question.

 

That should cause some difficulties.

 

Regards

 

Andy

[CCJ_Worries]

Brilliant Andy I can't thank you enough for your help.

 

Do send this as separate letter with a completed defence and counterclaim form or just write it in the defence part of the form.?

[AndyOrch]

I assumed this was a CCBC claim therefore you submit it on line and dispense with the forms.Copy and paste into MCOL and print your receipt off as proof of submission.

 

AoS on line

 

Defend all On line

 

Submit defence on line and then it will revert back to manual paperwork.

 

Andy

[CCJ_Worries]

Good evening board,

Thanks to Andy I filled my defence and today I have received a N149 form along with a letter stating that a defence had been filed and the claim has been transferred to the court covering my area.

 

The N149 looks straight forward but just wondered if there is anything I should be putting on it?

 

Should I put in the further information section that the claimant never sent me a LBA or just leave it as it is?

 

Thank you again.

[AndyOrch]

A

Tick 'Yes'

B

Tick 'No'

C

Tick 'Yes'

D

Answer 'One' (that'll be you)

E

Tick 'No' and ignore the remainder of section E

F

State any date not suitable

G

Say 'The Particulars of Claim provided by the Claimant are inadequate in order to fully appreciate the case I have to meet, in particular the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest. By a CPRxxx dated ( ) I asked the Claimant to provide proper particulars of the claim. A copy of the letter is attached. I have received no answer to my letter.

I propose the following directions:

1 Unless the Claimant shall have by (date) filed and served upon the Defendant fully particularised Particulars of Claim comprising but not limited to particulars of the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest, the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

2 In the event of compliance with paragraph 1 of this order this case shall be allocated to the small claims track and there shall be a stay of proceedings until (date) to enable the parties to settle using the small claims mediation service'

H

Tick 'No'

I

Sign, date.

 

Regards

 

Andy

[CCJ_Worries]

Good morning Andy, sorry for the late response life got hectic as it always does. Where you mention dates in point 1 & 2 what shall I put? What is reasonable?

 

Thank you

[AndyOrch]

14 days but check with any DJ orders/ directions that the dates don't clash.

 

 

Andy