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

[CCJ_Worries]

Good afternoon,

To keep the posted updated in the hope it may become useful to others.

 

After completing the N149 form as suggested by Andy, I received last week a General Form of Judgment or Order from the local county court, it contained the following:

 

IT IS ORDERED THAT

 

1. The claimant do file and serve by 4 pm on the 15th November 2011 full particulars of the claim to include the date on which the agreement was entered into and full details of the terms.

 

2. The defendant do file and serve by 4 pm on 29th November 2011 full particulars of his defence.

 

3. The file be then put back before a District Judge for further directions.

 

One question someone may be able to answer will the particulars of the claim as point 1 be sent to me by the court?

 

Thank you.

[CCJ_Worries]

Good evening group,

I could do with some assistance again. Pretty please.

 

I received this weekend the following from the local county court.

 

"IT IS ORDERED THAT the defendant do file full particulars of his defence at the court office by 4pm on 29 November 2011"

 

I have not recieved from the claimant any information at all never mind the Particulars of Claim of his claim as previous requested when I filled the N149 (post 23 of this thread).

 

What do I do now?

 

Thank you.

[AndyOrch]

Ring the Court tomorrow and ask if the claimant as complied with the order of xxth to resubmit its particulars and if they have ask for a copy as you have not received it and need to submit a particularised defence by the 29th as per their order dated xx (this weekends).If they have not complied then we will make application to strike out.

 

Andy

[CCJ_Worries]

Thank you Andy,

 

I managed to speak to the court this morning after being unable to get through yesterday.

 

The claimant has submitted something on the 16th November (a day late, which I did question but the lady said being just a day late they wouldn't do anything about it) which the court is now going to send me a copy of.

[AndyOrch]

Ok CCJ

 

Well just post when you are in receipt of the new P.o.C

 

Andy

[CCJ_Worries]

Good evening, I received the new POC today which is a page long and contains 10 points. The document is in the main as the claimant puts it an outline of events such as how the process occurred the time frames.

 

The claimant does not include full details of terms as order by the court.

 

I feel fairly confident I can answer each of these points the claimant has raised.

 

What else should I include with my defence?

 

Should I include the fact that the claimant hasn't followed the civil procedure rules i.e not issuing a letter before action, not responing to disclouser request and not sending me a copy of the new POC?

 

Thank you again for any assistance.

[AndyOrch]

Better to post the new P.o.C CCJ lets see what they plead.

 

Andy

[CCJ_Worries]

Good morning Andy, here is the full POC. I have just typed it as it was.

 

ON the 25th January .... emailed me about a proposal for ... to build me a website after I mentioned I was wanting one built during a meeting with friends

 

During January December 2010 .... met with me to discuss a website ... could build for and said it would cost £250

 

On the 1st February 2010 I received an email from .... with a few template idea for the website. I chose a design for .... to work with

 

I received instructions about content and homework that ... would need from me for the website and this process continued over a period time to add detail and pages for the site.

 

I had to register with fasthosts to buy a domain and ... would then use fasthosts to host the domain, or At least that was my understanding.

 

I am not sure of the date when the site when live but I paid ... after a request for payment on the 25th August 2010 then again on the 2nd August, I then transferred the money £250 by BACCS I have the emails to back up these requests.

 

I am not happy with the site as it was slow to load and the look of the site was far from adequate and I wanted a more modern fresher look to the site and I gave ...... examples of sites of other people in my industry.

This was on 11/09/10 by email.

 

... put together a banner and menu which was more to my satisfaction and a basis to get the look that I wanted for my website however, that's where it ended as I had to add my own content and everything else, and ...... blamed my computer skills for not being adept enough to build my site, which was rather shocking as I had paid .... to build the website not do it myself.

 

Anyway my patience had run out so after numerous other emails and txts I decided i wanted a refund so I could use the money towards a professional website builder. I have most of the emails on my computer for the court to see and have printed out some copies enclosed with this outline of events. I feel totally let down and misled by ..... and put my faith and trust in ... only to be badly let down and feel I am absolutely justified to have my money refunded.

[AndyOrch]

Thats the Claimants PoC?

[CCJ_Worries]

Yes. At the top of the page they had written the case details etc but that is the rest of it.

[AndyOrch]

They don't actually state what they are claiming or what you are in breach of.

 

Andy

[CCJ_Worries]

Any suggestions on how to proceed please Andy?

[AndyOrch]

You will have to resubmit a particularised defence by said date/ Order.The Claimants P.o.C is hilarious and there is no agreement to breach.

Should be quite simple. CPR Part 16 - Statements of Case PD 16.2 & 16.4 as a basis.

 

Andy

[CCJ_Worries]

Sorry to be pain Andy but I don't want to mess it up. I have read the CPR sections suggested, thank you.

 

Having read CPR 16.5

 

Should I answer each point the claimant has raised in the P.o.C

or

write a general defence stating that I unable to deny or admit the allergations as CPR 16.5 (1) (B)

or

something else which I haven't thought of yet.

 

Appreciating your help as always.

[AndyOrch]

I would go with 2, the PoC is poorly expressed and doesn't really state a cause of action.Don't get into a tit for tat otherwise it will be perceived by the DJ as a domestic squabble.On an amount of this nature and being SCT I'm pretty sure the Court will direct mediation, then you can argue it over a table in chambers.

 

Andy

[CCJ_Worries]

OK thank you Andy.

 

Once I written it would you mind just having a quick read if I post it up before I send it off.

 

Thank you

[AndyOrch]

No problem CCJ I would be delighted to.

[CCJ_Worries]

Hi Andy,

Would this be OK. I was surprised at how difficult it was to write this. Any thoughts appreciated.

 

The Claimant has not provided any allegations in his Particulars of Claim dated 15th November 2011 rather it is merely their version of the facts which is inconclusive and factual incorrect in places. The Claimant has stated that they want a refund but has failed to provide the basis on which this is drawn or provide any proof. Due to this I am unable admit or deny any allegations in this defence.

[AndyOrch]

Hi Andy,

Would this be OK. I was surprised at how difficult it was to write this. Any thoughts appreciated.

 

The Claimant has not provided any assertions or cause of action in his Particulars of Claim dated 15th November 2011, it is merely their version of the facts which are inconclusive and factually incorrect in places.It is averred the Claimant has failed to state on what basis this claim is made, has failed to provide the basis on which this is drawn or provide any proof. Due to this I am unable admit or deny any allegations in this defence.

 

Just a few tweaks:wink:

 

 

Regards

 

Andy

[CCJ_Worries]

Great thank you again Andy.

[CCJ_Worries]

Good morning,

I received just before Christmas a “Notice of Allocation to the Small Claims Track (Hearing)” letter which states that the

 

“District Judge has considered the statements of the case and allocation questionnaires filed and allocated the claim to the small claims track.

The hearing of the claim will take place at 10:00 AM on the 26 March 2012....

Each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing and copies of the written statements of themselves and their witnesses (if any) no later than 16 January 2012.”

I am a bit confused now, since I entered a defense stating that I couldn't enter a defense as per previous post what I am suppose to do now.

As always help is much appreciated.