Claim against client that country hops

[The Mould]

Hi SuperVillain,

 

It doesn't respond to the particulars. It's a long moan about all sorts of things which are not in the contract and actually says that she didn't raise any issues because she was dealing with lots of other things at the time. One of those things, which of course she doesn't mention, was a holiday in Australia!!!

 

She clearly doesn't realize that by not denying things she is admitting them.

 

She agreed to pay a set fee. She started off by saying she'd lost the invoice, then that she'd lost the cheque book, and then started coming up with all sorts of niggles that various items in the contract were not done, and they weren't done because she told me not to do them. (They were "on the client's instructions" issues. If you choose not to want those particular services it doesn't mean you don't have to pay!)

 

The main point is that she got what she wanted and continues to benefit from my services.

 

I think I will do the letter to the Court. I'd like to attach the confirmation I hope I am getting from the third party which will prove that she lied in her Defence.

 

I am worried about timing. I received the Defence on Saturday morning and I have to respond and pay by 30th December. I will be away from 22nd December until 30th - at my mother's where there is no internet access.

 

I've called the Court and they have said that a letter asking for the Judge to look at the file would be noted and this would count as meeting the deadline. Would you agree with this?

 

Thank you for your help. It is really appreciated.

 

DD

 

 

DD

 

 

If her Defence does not deny any allegation and the reason(s) as to why as set out in your statement of case, then, you are quite right, the Defendant shall be taken as to admitting the allegation.

 

 

Good luck with your case and a very big thank you for your kind heartfelt comments made on another case about me.

 

 

I sincerely hope that you and your family have the most precious and Merry Christmas and I wish you the most very happy New Year.

 

 

Kind regards

 

 

Godzilla

 

 

From The Mould

[Ganymede]

Hi SuperVillain,

 

It doesn't respond to the particulars. It's a long moan about all sorts of things which are not in the contract and actually says that she didn't raise any issues because she was dealing with lots of other things at the time. One of those things, which of course she doesn't mention, was a holiday in Australia!!!

 

She clearly doesn't realize that by not denying things she is admitting them.

 

She agreed to pay a set fee. She started off by saying she'd lost the invoice, then that she'd lost the cheque book, and then started coming up with all sorts of niggles that various items in the contract were not done, and they weren't done because she told me not to do them. (They were "on the client's instructions" issues. If you choose not to want those particular services it doesn't mean you don't have to pay!)

 

The main point is that she got what she wanted and continues to benefit from my services.

 

I think I will do the letter to the Court. I'd like to attach the confirmation I hope I am getting from the third party which will prove that she lied in her Defence.

 

I am worried about timing. I received the Defence on Saturday morning and I have to respond and pay by 30th December. I will be away from 22nd December until 30th - at my mother's where there is no internet access.

 

I've called the Court and they have said that a letter asking for the Judge to look at the file would be noted and this would count as meeting the deadline. Would you agree with this?

 

Thank you for your help. It is really appreciated.

 

DD

 

 

 

 

As a LiP the Court are likely to give her a lot of leeway regarding the format of her Defence.

[Mike_hawk]

Hi Mike,

 

I wasn't thinking of applying for the SJ at this time, just sending a letter as SuperVillain suggested above asking for the file to be put before a judge. It's quite clear CCMCC haven't actually read what she has said. They have a Claim, a Defence, and regardless of the merits of the Defence they have sent out the DQ automatically.

 

I'll read part 24. Thank you for that.

 

DD

 

Hi DD

 

Don't think it works like that, the effect would be for one of you asking the court to summarily try the issues on the papers... SJ

 

A reply to defence would be regarded as extra information (PD26) which the court would take into account when fixing directions. This 'could' include ordering the defendant to file a cpr compliant defence or be subject to sanctions.

[The Mould]

As a LiP the Court are likely to give her a lot of leeway regarding the format of her Defence.

 

 

No it will not.

 

 

The Court may direct the untrained litigant in person on certain matters, but it will not provide the untrained litigant in person as to what he or she ought to do or say.

 

 

Kind regards

 

 

The Mould

[The Mould]

Rule 16.5 Content of defence

16.5

(1) In his defence, the defendant must state—

(a) which of the allegations in the particulars of claim he denies;

(b) which allegations he is unable to admit or deny, but which he requires the claimant to prove; and

© which allegations he admits.

(2) Where the defendant denies an allegation—

(a) he must state his reasons for doing so; and

(b) if he intends to put forward a different version of events from that given by the claimant, he must state his own version.

(3) A defendant who—

(a) fails to deal with an allegation; but

(b) has set out in his defence the nature of his case in relation to the issue to which that allegation is relevant;

shall be taken to require that allegation to be proved.

(4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation.

(5) Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.

(6) If the defendant disputes the claimant's statement of value under rule 16.3 the defendant must—

(a) state why he disputes it; and

(b) if he is able, give his own statement of the value of the claim.

(7) If the defendant is defending in a representative capacity, he must state what that capacity is.

(8) If the defendant has not filed an acknowledgment of service under Part 10, the defendant must give an address for service.

(Part 22 requires a defence to be verified by a statement of truth.)

(Rule 6.23 makes provision in relation to addresses for service.)

Contents of defence

16.5.1 The defence must:

(1) provide a comprehensive response to the particulars of claim;

(2) state any representative capacity in which the defendant is defending;

(3) include any other matters required by a practice direction;

(4) unless an acknowledgment of service has been filed, give an address for service.

The defence may also refer to any point of law on which it is based, or name any witnesses whom the defendant proposes to call or have attached to it or served with it a copy of any document considered essential to it (para.13.3 of the Practice Direction supplementing Pt 16 (see para. 16PD.13.3)). There are also some specific requirements as to points of law and documents (see "Other matters required by a practice direction" below).

The defence must be verified by a statement of truth (see "Statement of truth" below).

Comprehensive response to the particulars of claim

16.5.2 In respect of each allegation in the particulars of claim there should be an admission, a denial or a requirement for proof (r.16.5(1)). Denials must be explicit; the defendants must state their reasons for denying the allegation and, if they intend to put forward a different version of events from that given by the claimant, they must state their own version (r.16.5(2)). Similarly, if they dispute the statement of value included in the claim form they must state why they dispute it and, if they are able, give their own statement of the value of the claim (r.16.5(3)).

Kind regards

The Mould

[steampowered]

Hi Steampowered and Ganymede,

 

What I was asking the Court was if the Deadline for filing the DQ would be put back if I asked for the file to be put before a judge as SuperVillain suggested, because the Defence is one long ramble but doesn't actually answer the Claim.

 

I don't want to pay the £40 fee if I can get her Defence struck out as not being a proper Defence. I thought I would return it with my letter with a note that I would pay over the phone by card, which you are allowed to do. Then if there is something on the system saying the file is with the judge when I phone on the 30th hopefully I won't be expected to pay before the file comes back.

 

 

Not sure it is wise to rely on this. You shouldn't assume the deadline will be extended unless it has actually been extended. It seems she has denied she owed money that is usually enough for a Defence to be upheld. As a litigant in person it is more likely she would be ordered to resubmit a proper Defence than be subject to a straight strike-out. For example, I have seen situations where a LiP's witness statement was permitted to serve as their Defence despite its non-compliance with the CPR.

 

 

I suppose I had better agree to mediation as I know it looks better.

Up to you. If there is no genuine dispute and you aren't prepared to settle for less than the full amount, I'm not sure there is any need to agree to mediation.

 

 

The great news is that I have received an email from a third party which shows that she has told a blatant lie in her Defence. It couldn't be more blatant. I intend to point this out in my letter. Do you think it would be a bit cheeky to suggest that she is reminded about penalties for perjury?

There is no problem reminding her. Just don't go overboard - judges do not like it if people start to appear too tit-for-tat.

[Desperate Daniella]

Hi everyone and thank you for your advice.

 

My PoC was fairly succinct. She has ignored the main points, apart from one - the most important - where she has contradicted what I said, and said the complete opposite. This relates to a third party, and the third party has emailed me and confirms that what I said is true. Clearly, like many witnesses, they don't want to be too involved so I'm reluctant to ask them for a formal witness statement at this stage. However, the letter is on the business's company letter-heading and they have absolutely no reason to lie.

 

So, in short, her Defence is based on a big lie, and still doesn't address the actual claim. The rest of it is complete waffle about not bothering to query any points on the contract because she was too busy with other things and complaints about other things which have no relevance to the claim and aren't true either.

 

The whole thing is an obvious ploy to get out of paying. If I didn't have so many bills to pay I'd let things run their course, and may have to, but if I can get the Defence struck out it would certainly speed things up. (I know I'd still have to enforce.)

 

With regard to mediation I thought I could offer to knock off the interest. That would be the extent of my mediation offer.

 

My thoughts at the moment are to return the DQ, a response to her Defence in which I'll respond to all the rubbish because otherwise it looks as though I'm admitting it, and I'll attach the letter from the third party and copies of other letters from her prior to signing the contract which make it clear she doesn't actually want to work with me, thinks I get money for nothing, and is only using me as a last resort.

 

The problem is that I worked flat out - 18 hour days - and got the result quickly and she thinks it's easy money.

 

DD

Edited December 17, 2013 by Desperate Daniella

[Desperate Daniella]

DD

 

 

If her Defence does not deny any allegation and the reason(s) as to why as set out in your statement of case, then, you are quite right, the Defendant shall be taken as to admitting the allegation.

 

 

Good luck with your case and a very big thank you for your kind heartfelt comments made on another case about me.

 

 

I sincerely hope that you and your family have the most precious and Merry Christmas and I wish you the most very happy New Year.

 

 

Kind regards

 

 

Godzilla

 

 

From The Mould

 

Hi The Mould,

 

The heartfelt comments were sincerely meant and deserved.

 

Thank you for your good wishes. I hope that you and your family have a wonderful and Merry Christmas too, and I know that your family situation can be stressful. I hope you and your wife and children enjoy yourselves as much as you can.

 

I wish you a very happy New Year too.

 

DDxx

[Desperate Daniella]

And thank you everyone else on this thread, and Merry Christmas and a Happy New Year to you all too.

 

(I'm sure we'll cyberspeak again before Christmas, but I didn't want you to think I didn't send you all Christmas wishes too!)

 

DD

[Mike_hawk]

Evening DD

 

Seems sensible (to reply), I know how personal these things feel but its important to try to stick to the facts.

 

'If' it reaches a hearing or trial the DJ will undoubtably focus on the crux of the case and any issues s/he finds need clarity.

 

The reply is your opportunity to assist the court (and you)

 

Hopefully your particulars were fairly concise so it should be straightforward to find the responses salient to your claim which you take issue with.

 

Unfortunately there isn't a quick fix to the case, perhaps ask her if she would like to discuss off the record and offer her the opportunity to compromise by consent.

[Ganymede]

No it will not.

 

 

The Court may direct the untrained litigant in person on certain matters, but it will not provide the untrained litigant in person as to what he or she ought to do or say.

 

 

Kind regards

 

 

The Mould

 

 

 

I never said the Court would. Only that they will be more forgiving if the LiP's Defence isn't formatted correctly etc and will still allow it.

[steampowered]

It is option to you to prepare a formal Reply to her Defence. This is a formal document and should be set out like a POC.

 

Personally I think Replies are not usually necessary in small claims, particularly where the POC speaks for itself. But no reason why you can't. Just make sure the Reply is restricted to new things - there is no point just repeating your POC.

 

If you think mediation might work if you offer to knock off the interest, there is no reason why you can't give it a go. It is free after all.

 

Merry Xmas and hope you enjoy the holidays.

[Desperate Daniella]

Hi,

 

I am going to prepare a formal Reply to the Defence. Most of it is rubbish, but she has said so many untrue or misleading statements I have to correct them. I will keep to the point as much as I can.

 

I still can't believe she thinks she can get away with a lie which is so easily disproved. Did she really think I wouldn't contact the person she has lied about?

 

The only reason I'll say I'll agree to mediation is because the Courts are so keen on it and it shows willing.

 

There is no chance of a compromise with her, Mike. She is willing to lie and mislead in her Defence despite having signed the Statement of Truth.

 

DD

[The Mould]

Hi,

 

I am going to prepare a formal Reply to the Defence. Most of it is rubbish, but she has said so many untrue or misleading statements I have to correct them. I will keep to the point as much as I can.

 

I still can't believe she thinks she can get away with a lie which is so easily disproved. Did she really think I wouldn't contact the person she has lied about?

 

The only reason I'll say I'll agree to mediation is because the Courts are so keen on it and it shows willing.

 

There is no chance of a compromise with her, Mike. She is willing to lie and mislead in her Defence despite having signed the Statement of Truth.

 

DD

 

 

Hello there my dear friend DD, in Halsey it was declared and qualified by the Court of Appeal that a party's refusal to mediate may be considered reasonable if the party was able to show that the other party was unwilling to compromise on a settlement agreement and that the party had a reasonable belief in his case succeeding at trial.

 

 

Read up on the Halsley v NHS Trust case, and the Court of appeal's qualified decision handed down thereon.

 

 

Kind regards

 

 

The Mould

[Desperate Daniella]

Hello, The Mould,

 

Thank you so much for that. I will read it.

 

My poor friend Big Merv has lost against Drydens Fairfax today. I don't think he will appeal although he has grounds to do so, I think. The judge just ran roughshod all over the arguments about the DN and the illegible agreement.

 

I'm sure he'd appreciate your thoughts if you have a moment. I feel so sorry for him.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?217721-Cap1-debt-many-dcas-could-not-find-CCa-Dryden-Fairfax-Claim-form-HELP!&p=4426399#post4426399

 

DDx

[The Mould]

Hello, The Mould,

 

Thank you so much for that. I will read it.

 

My poor friend Big Merv has lost against Drydens Fairfax today. I don't think he will appeal although he has grounds to do so, I think. The judge just ran roughshod all over the arguments about the DN and the illegible agreement.

 

I'm sure he'd appreciate your thoughts if you have a moment. I feel so sorry for him.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?217721-Cap1-debt-many-dcas-could-not-find-CCa-Dryden-Fairfax-Claim-form-HELP!&p=4426399#post4426399

 

DDx

I know that you have provided a link to how Mr big Merve case & details on the same. A nd I believe that bstauite is on his side.

 

 

Kind regards

 

 

The Mould

[Desperate Daniella]

Hi The Mould,

 

Thank you for replying.

 

Is bstauite an acronym? Or a reference to something legal?

 

Sorry - I'm probably being dopey!

 

DD

[The Mould]

Hi The Mould,

 

Thank you for replying.

 

Is bstauite an acronym? Or a reference to something legal?

 

Sorry - I'm probably being dopey!

 

DD

 

 

No DD

 

 

I simply had too much rum to drink (this does actually help with my illness - yo ho ho and a bottle of rum)

 

 

Merry Christmas to you and your dear family, I will have a proper look at the case you have posted on behalf on your dear friend.

 

 

You are so very lucky to be going away to your mother's place which does not have internet access.

 

 

Enjoy the peace and happiness with your family.

 

 

Godzilla

 

 

From your friend

 

 

The Mould

[sequenci]

What is this Godzilla malarkey all about then Mr Mould?

[Desperate Daniella]

Oh, The Mould, that did make me laugh.

 

Yo ho ho and a bottle of rum to you too! I hope you were enjoying it.

 

Thank you for saying you'll have a look at Big Merv's thread.

 

My daughter does not like having no internet access. As well as the usual Moshi Monsters she is teaching herself to play her keyboard by following instructions online and loves singing along to things on youtube too. (Currently "Somewhere Only We Know" from the John Lewis ad.) I do have it on my mobile if I need it but in the back of beyond the signal can be somewhat unreliable.

 

Wishing you peace and happiness and a lovely Christmas too.

 

DDxx

[Desperate Daniella]

It was good to have some light relief. I've been ploughing on with this bloomin' Reply to Defence all afternoon.

 

She has said such stupid stuff, and if I don't challenge it I'm admitting it. It's such a waffle and she repeats the same thing throughout. (I am not repeating my response several times, rest assured.)

 

I've said that the Reply to Defence is filed and served without prejudice to my contention that it should be struck out because she isn't complying with 16.5.1 and is seeking to obfuscate matters by referring to issues which have no relevance to the Claim.

 

I wanted to post it today, but always think things are better read through the following day.

 

DD

[The Mould]

What is this Godzilla malarkey all about then Mr Mould?

 

 

 

“What is this Godzilla malarkey all about then Mr Mould”?

My dear friend, the expression “Godzilla”, which I often use when posting to fellow Cag members, is simply a most deeply heart felt meaning from me of “wishing my fellow Cag member good luck and that I sincerely hope that he/she will be set free from drowning in the ocean of injustice caused to them”.

Godzilla, in my world, means – the man-made law is on your side and that I will endeavour to help you and point you in the right direction on the same, as your fellow human being and neighbour and fellow member of Cag. But, I must add, that I do not have any faith in any man-made law and it is my belief that there is no justice in this man-made system of things, that the legal profession is incestuous and corrupt, I am entitled to make this statement on the grounds of fair comment and belief.

Godzilla is a very good thing then and intended to be a basis for all fellow Cag members to rely upon, in my world of course.

There is no justice to be obtained from any Court of England & Wales, because the same can only give money and no Court in our land holds the power of water in the palms of its hand.

Merry Christmas and I wish you and your family a very happy Godzilla New Year.

I sincerely hope that the above explains your enquiry as to the meaning of “Godzilla”.

Kind regards

The Mould

PS. Godzilla

[Desperate Daniella]

Thank you, Godzilla.

[Desperate Daniella]

Is it okay to put,

 

.... enclose DQ and Reply to Defence .... then:

 

However, as the Defendant has not offered a Defence to the Claim itself, preferring instead to refer to various issues which were not part of the contract, I would ask that the file be put before a Judge who may wish to order the Defendant to provide a proper Defence to the actual Claim within a set period of time.

 

Thank you.

 

DD

[The Mould]

Thank you DD.

“Somewhere only we know” is most certainly a deep and precious private place.

I sincerely wish you and your family the most happiest and pleasant Christmas and that it will bring you all to a place that “somewhere only you all know”.

Godzilla, which also means awesome that you said is your daughter’s favourite word at the present.

And , yes to your post#99, because the Defendant is wasting the court's time with matters that are not relevant or important to the case she is required to answer.

Kind regards

Happy New Year

The Mould