MKDP LLP Court Claim - HSBC Credit Card***Struck Out & Costs***

[AndyOrch]

Hi...responding to your PM

 

Yes thats fine ....format and layout concise.The content is your version of events in your words and reads like a case summary which is correct.

You may wish to condense point 15 its a bit lenghy...make your point keep it simple dont try to teach the DJ how to suck eggs.

 

With regards to (xxxxx refers). It should be see Exhibit xxxxx.

 

Otherwise well done.

 

Regards

 

Andy

[gettingthere]

Thanks for your time Andy.

[Guest]

getting

just for your reference if not seen already, re s88 the required form of dn's are further set out in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983.pdf‎

[gettingthere]

Thank you will have a look.

[gettingthere]

Court Bundle submitted to court this morning with copy to MKDP - just wait for court date now with some more research so that everything is clear in our heads.

[gettingthere]

With reference to Post 59 - As I understand it the court have ordered all parties to submit to the court and other party witness statement(s) and copies of exhibits to be relied upon at court hearing at least 14 days before.

We have complied with this and submitted our court bundle to court and to claimant as in Post 80.

We have heard nothing from claimant and not received anything from them which seems to be a breach of the documents in Post 59.

Do we now need to be doing anything ie informing the court of this?

[AndyOrch]

See point 13 in the Notice of Allocation.

[gettingthere]

Thanks Andy - I've read it that many times that I was missing it. I assume that we just inform the Judge on the day or do we put it in writing before the hearing date?

[AndyOrch]

You can either make application or you can bring it to the courts attention on the day of the trial. Have a read of CPR 3 and claimants failure to comply with directions.

[gettingthere]

Thanks Andy

[gettingthere]

The post has been today and still nothing from MKDP so we have sent a brief letter to court just informing them that to date we have not had a copy court bundle from the Claimant.

[AndyOrch]

Have you had their Witness Statement and disclosures gettingthere?

[gettingthere]

We have had nothing Andy.

[AndyOrch]

Nothing at all....I think I would make the application now in advance of the hearing date...CPR 3 Claimant failing to comply with directions...dont forget to request costs in the application.

[gettingthere]

What form do I use for that Andy?

[mjt2013]

N244

[AndyOrch]

N244 application notice......you will need to attach a draft order and there will be a fee ...I would opt for without an hearing £45.

[AndyOrch]

Seems I have a stalker today:-D

[gettingthere]

Right I will have a go at it - thanks Andy.

[AndyOrch]

Post it up once ready and Ill check it for you gettingthere

[mjt2013]

Seems I have a stalker today:-D

 

Haha, yes. Quiet day at work...

[gettingthere]

Have I got this right for the draft order firstly and does it need a witness statement attached to cover non delivery of documents and also how costs (when I work them out) have been reached?

 

In the ......... county court

Claim No. ...

 

Before

 

District Judge ………

 

 

Dated ……… 2014

 

 

Claimant A

 

and

 

Defendant B

 

 

 

Draft/ORDER

 

 

Upon the Claimant to failing to comply with the DJ Directions dated 16th December 2013 paras 6 to 9 (failing to deliver documents to defendant) and under CPR3.4(2)©

IT IS ORDERED THAT:

 

1. The Claimants claim be struck out.

2. The Claimant to pay costs in respect of the application.

3. The Claimant do pay the Defendants costs of the claim, in the sum of £[ ] within 14 days.

[AndyOrch]

[mjt2013]

How about:

 

Upon the Claimant failing to comply with paragraphs x to y of the Order of District Judge [Name] dated [date].

 

And upon the Court considering the Defendant's application dated [date]

 

IT IS ORDERED THAT:

 

Then you only need paragraphs 1 and 3 of your draft.

[mjt2013]

You will need a witness statement and schedule of costs. Without a witness statement there's no evidence of non-compliance.