I need help to Serve a writ to recover a loan

[burmafriday]

Hi Andy

 

is there a judicial body to whom I can report this matter. its unbelievable what is happening to me/my case.

 

Its almost as if the Defendant has a relative working in the system and hiding my files.

 

CCMCC lost my documentation temporarily and as soon as they found it they sent it to the Defendant's local court.

Now the local county court has lost my file.

 

On 12 February, The Defendant was ordered to submit Directions Questionnaire for 03 March - he never sent me a copy.

So, i hv no way of knowing if he submitted a copy to court.

 

I know also that he did not send me a copy of his Disclosure documents. He also did not write and tell me he is NOT going to submit any

Disclosure Docs.

 

In my opinion, it seems the Defendant has not submitted any documentation. The only document he submitted was his defense. Nothing else. I am sure of this

I am sure the Court is going to ask him to submit copies of his papers. Now that he has seen all my paperwork, he can probably create new paperwork and submit it to court as if these were the ones he submitted earlier. (After all - he has never sent me copies of any of his paperwork.)

 

I sent a copy of my documentation to court as per their request. So whats the next step then Andy?

 

Regards

BF

[AndyOrch]

http://www.ombudsman.org.uk/reports-and-consultations/reports/health/improving-public-service-a-matter-of-principle/17

 

http://www.justice.gov.uk/complaints/hm-courts-and-tribunals-service

 

Check with the Court if he has submitted his DQ they will provide a copy for a nominal fee.As regards to the N265 disclosure that is a sanctionable error and you should raise it with the court.

 

Regards

 

Andy

[burmafriday]

Hi Andy

Many thanks for your fast reply. how do you mean " santionable error"?

I cannot see any penalty being imposed on the Defendant other than a slap on the wrist.

BUT - i will write and highlight this.

I checked out the sites you sent. I will certainly start the process after i hear from the current county court and keep you informed.

Thanks Again

All the best/BF

[AndyOrch]

Sanctions are imposed by the Court to parties that do not comply with the Courts Directions...sanction can vary they could be cap on costs ...issuing an unless order or even striking the claim or defence out.

[burmafriday]

Dear Andy

The court had issued an order that the matter is stayed with liberty for either party to restore.... as neither party attended the hearing.

 

I did not think there would be a hearing as the court lost my file and asked me to send duplicate copies which I did. The court did not reply to my repeated requests asking if they received the duplicate copies and if the hearing was going ahead or there were new dates.

 

On receipt of this order, I wrote to the court and explained my position, asking the court to restore the case and advise me the new dates.

 

Then it occurred to me - Do i have to make an application for the court to restore the case using N244? Please let me know. Then I will submit this ASAP

I cannot believe what is happening,

All the best/BF

[AndyOrch]

Yes you should have ...N244.

[burmafriday]

Hi Andy

great - thank you so much will get it done

all the best/BF

[burmafriday]

hi Andy

Finally - I heard from court. An order has been issued and a date has been set for case management conference in October.

so what is case management? it also said either party may apply to set aside or vary the order within 7 days of service - so the other side and apply to delay this.

Can they do this? even though they have not submitted any docs. earlier - like the DQ or anything in disclosure?

BTW - i submitted an N244 applying for case to be re-listed but the court told me that it was unnecessary and that i could simply write in and asked!!

All the best/BF

[AndyOrch]

CMC case management conference see below :-

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part26.

 

They would need good reason to vary or set a side...doubt the court would accept anyway.

Re your application different courts different responses...if you had wrote in and asked they could have insisted on an application:wink:

 

Regards

 

Andy

[burmafriday]

Hi Andy

thanks for that. I had a read at the link you sent. I am not sure what will be achieved at this hearing.

let me just quickly run through the sequence of events.

1. Defendant defended the claim by simply denying it.

2. Defendant then did not submit DQ

3. I was awarded judgment by default.

4. Defendant then claimed he did not receive any papers and applied successfully to have the judgment set aside

5. The reason given for non receipt of court orders was ... It was claimed that his Solicitors no longer represented him but the court continued to send paperwork to his solicitors

6. However, no notice was given to the court regarding his solicitors no longer representing him.

7. But CCMCC decided to grant a stay of judgment anyway.

8. a new date for DQ was set up but defendant did not submit any documents

9. A new date for discovery was set up but the defendant did not submit any documents

10. Court lost my files.

11. Court did not confirm if hearing was going to proceed

12. I assumed hearing was NOT going to proceed as court did not reply to my letters

13. Hearing proceeded with neither party attending so it was left to resume on application of either party.

14. I made the application and now case proceeding where we are going to have a CMC.

 

Can you tell me the purpose of CMC - The Defendant has not submitted any documentation but he has had the advantage of having seen all my documentation and my entire case. Not with standing this, surely the case should resume where it left off and we should have a hearing.

 

All the best/BF

[AndyOrch]

Well partially to assess your application to resume..the conduct of the case so far and whether there is any need to proceed.It may be decided there and then and judgment granted to you...but without my crystal ball Burma I am only speculating...but given the turn of events as above it really should have not got past your point 3.

 

Andy

[burmafriday]

Thanks Andy - so how do i prepare for it? You stated " whether there is any need to proceed" I like to try for that. He just defended the case by denial of my claim and yet there are no substantiating evidence has been submitted to support it in all this time.He had not submitted any documentation for disclosure and whilst he submitted DQ - he did not copy me. So i have not even seen those documents. Also, do I prepare the various paperwork and witness statements ? How would you advise i approach this?

thank you BF

[AndyOrch]

No nothing really to prepare for CMC unless directed by the court...your chance to air your grievances on the conduct so far...that sanctions should be imposed and reiterate that the defendants defence caries no merit and that the claim can be dispensed with here and now.

 

Should the court disagree then I would assume that they will provide further directions.

 

Andy

[burmafriday]

Dear Andy

 

sorry i have been missing for a while. I hv been really ill and then had a breakdown. I advised the court accordingly - where I sent an N244 application form with letter from My GP as well as an official sick note to the court. A date has been set to consider my request to delay the proceedings as the other side obviously opposed my application!!!

 

I cannot attend that hearing as i am still in a very bad way. I am suffering from severe depression and low self esteem and before Christmas i was actually suicidal. I can probably get another letter and sick note and make a submission to delay the proceedings. Unfortunately, my GP is pretty useless as he will not write a letter explaining my true condition. Unfortunately the tablets i am taking are extremely strong. they just make me really tired and drowsy.

 

Is there anyway you can help advise me on what to do under these circumstances.? do you know of a case where a plaintiff can request a stay to the proceedings due to illness?

any help and advise you can give will be greatly appreciated as i really am not in a position to put my case together just at this point in time. Even to send this post had taken me over four days.

 

thank you/BF

[AndyOrch]

Hi Burma..Im sorry to hear this......hope you make a full recovery soon.

 

If you have made the application for the reasons stated then your none attendance would be expected...its always advisable to attend as either claimant or defendant but given the above circumstances the court should show some leniency.

 

It is possble for the hearing to go a ahead without one of the parties...as long as you have advised your reasons...so a decision to accept or not accept is in the hands of the court......even if rejected you can still represent yourself in absence by way of a witness statement in support of your case.

 

Hope you are felling better soon.

 

Regards

 

Andy

[burmafriday]

Dear Andy

Thank you so much. I did explain fully in my N244 application. The Court wants to hold a hearing to consider my application.

I am unable to attend the hearing to consider my application.

 

So I could write in and submit a witness statement, declaring my reasons.

OK - i shall try and do that.

thank you.

BF

[burmafriday]

Dear Andy

 

Hope you are well.

Sorry it has taken me a long while to get back in touch.

 

Just to recap,

I submitted a witness statement with a N244 application requesting the court to delay the submission of documents deadline date.

To consider that request the court wanted to hold a hearing.

 

As I mentioned in my earlier post i could not attend this hearing.

 

 

I submitted a witness statement to the court in time for the hearing date,

but they would not consider my request as that statement was not submitted with a N244 Application form.

 

Basically, the hearing proceeded. The Defendant attended the hearing but i was absent.

 

The judge ordered that the claim is stayed and the trial date that was set originally was vacated.

 

The judge then further ordered that the Official Solicitors be sent a copy of my first N244 application with a view to there being an evaluation

as to whether or not the official solicitor should be appointed Litigation Friend for the Claimant Pursuant to CPR Part 21.2

 

i shall be most grateful if you will pls explain the third order. I was not using a solicitor.

 

FYI - In my N244 application I explained my illness and submitted copies of my Doctors letter and sick note.

I applied for an extension on the date for the submission of witness statements.

 

thank you Andy

All the best

Burmafriday

[Ganymede]

The Court is concerned that you may not have the capacity to run this claim yourself due to your breakdown and mental health problems which is why it has been referred to the Official Solicitor to see if they will act for you.

[AndyOrch]

Spot on Gany:wink:

[burmafriday]

Hi Ganny and Andy

Thank you so much for your fast response. so what do i do.. wait for the official solicitor to contact me? or, shall i try and contact them? How do i contact them? Do they charge ?

thank you and all the best,

BF

[AndyOrch]

Hi Burma...I would allow time for contact and then if not.... contact the court.

 

Regards

 

Andy

[burmafriday]

Dear Andy

thank you - yes i will do that.all the best/BF

[burmafriday]

Dear Andy and Ganny

i hope you are both well.

please refer to my post #183 of 11 March 2015.

i waited for the court to contact me

i waited for the Official Solicitor.

i heard nothing.

I then wrote to the court a few times but did not hear from them as they did not bother to reply.

I phoned the court a few times but there was no answer.

 

I phoned the court again last week... Monday and Tuesday and again there were no pickup/answer. i wrote to the court again last week and sent them emails

and finally i received a reply yesterday and i nearly had a heart attack.

 

Nothing was mentioned about the Official Solicitor but apparently a Case management hearing is now set on 04 Sept. I did not know anything about this till now.

I had received no information from the court at all.

 

i am extremely concerned as i do not know if i can prepare for a hearing in such a short space of time. More specifically, i was expecting to be contacted by the Official Solicitor.

 

Can you please advise me exactly what is involved in a case management hearing? Am i supposed to provide this documentation 2 weeks prior to 04 September? this really does not give me much time to prepare my case at all.

 

Am i to submit My witness statements, any exhibits i want included etc. just like a normal hearing?

 

i want to stress to you that the Defendant had not submitted any documentation or paperwork as required in Directions Questionnaire. The Defendant had not furnished me with any documentation i had asked him to provide.... like his bank statements to prove that he had repaid the loan. in fact he had not submitted any documents at all other than one witness statement denying my claim.

 

i shall be most grateful if you can guide me on this one please.

 

all the best/Burmafriday

Edited August 8, 2015 by burmafriday
spelling

[AndyOrch]

Very well thank you Burma...and I trust you are on the mend now.

 

Dont panic its not the trial...CMC are usually held when proceedings are getting messy and complicated or parties have failed to adhere to directions etc.....

 

These conferences are used by courts to exercise their broad case management powers; fix case management directions; if necessary, review the litigants’ compliance with previous directions, with a view to making directions leading up to the trial.

 

The parties may consent to directions that would otherwise be made at a CMC by using consent orders, however the court retains the power under the Civil Procedure Rules to require the parties to attend court at any time for the purposes of managing litigation for the purposes of ensuring that the case is ready for trial at any time between allocation through to the pretrial review.

 

The ordinary business at a case management conference includes:

 

Ensuring previous directions made by the court have been complied with;

Review the steps taken by the parties in preparing the case for the final hearing;

Decide matters that should be addressed prior to the hearing, having regard for the overriding objective;

Make a record of agreements to progress the litigation;

fix further directions which the parties to the litigation are to comply with up to the trial.

 

In the course of managing litigation, the court will identify the fundamental issues in dispute between the parties, with a view to ensuring that the case progresses in accordance with the directions issued in the proceedings. Legal representatives or a person familiar with the disputes being litigated (preferably with litigation experience) should attend to properly assist the court.

 

Regards

 

Andy

[burmafriday]

Dear Andy

thank you for yr message.

i am now pretty much OK . I took some time off and went away for a while and then spent some quality time with my daughter and then my son.

i wrote to the court on numerous occasions asking about the Official Solicitor, how i could contact him etc. but never received a reply.

i was just shocked that i never received a notice from the court regarding this date for Case Management

 

my concerns are as follows:

 

1. the Defendant had pretty much ignored submission of any documentation i had requested from him.

2. in this instance key documentation are his bank statements and he has not submitted these.

3. The Defendant has also ignored totally, the docs. for submission relating to the Direction Questionnaire, where as i submitted every thing from my side.

so he has the advantage over me in that he has a good idea of what i can substantiate and provide.

4. Most specifically, the Defendant had failed to submit anything regarding documents required for disclosure... where as I submitted my docs.

The point is as the Defendant has not submitted anything, other than a short witness statement, i am clearly at a disadvantage.

 

i shall of course stress these facts during Case management.

 

can you advise me regarding this situation. Is it not a requirement by law that the Defendant provide documentation as required

a. when requested by the Claimant when he is put to proof?

b. for form N181 Direction Questionnaire

c. full documents for Disclosure?

 

is it legal for the Defendant to blatantly ignore each and every one of these requirements ?

 

as i have provided full documentation relating to both Direction Questionnaire and Disclosure...what more am I required to provide?

 

I shall be most grateful if you can clarify these issues for me.

 

I do not really wish to submit any more evidence or statements at this juncture as i feel i have submitted enough through DQ and Disclosure.

Based on your comments regarding Case Management ..

"....Ensuring previous directions made by the court have been complied with;

Review the steps taken by the parties in preparing the case for the final hearing;..."

 

The Defendant had ignored these.

How do i deal with this at the hearing.?

 

 

Thank you so much for your help

all the best/BF