unknown Cabot/mortimer CCJ CITI Debt - set asde ok now new hearing ***Claim Dismissed by Consent***

[sjp1976]

Hi dx100uk,

 

That gives me some comfort then, what happens next then? Does the court provide some direction to this giving the claimant some limited time to provide documents?

 

Thanks

[sjp1976]

Hi,

 

Seems my case has now been assigned to the "Small Claims Track"

 

The court notice is as follows:-

 

----------------------------------------

 

It is ordered that:-

 

1. This claim is allocated to the Small Claims Track and the and parties are referred to Part 27 of the Civil Procedure Rules and the Practice Direction of that Part for guidance on how the hearing of the claim will be conducted.

 

2. The claim will be hear at xxxxxxxxxxxx on a date and at a time which is set out on a notice attached to this Order, or which will be sent to you later. The Court reserves the right to change the place and/or time of the hearing.

 

3. From the available papers, it is estimated that the hearing will take one hour. If a party is aware of a reason why this estimate might be substantially inaccurate, that party must notify the court immediately.

 

4. The parties are encourages always to try to settle the case by negotiation. The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues. The court must be informed immediately if the case is settled.

 

5. The following paragraphs set out the Judge's directions for preparation for the hearing. Failure to comply with th directions may result in the case having to be adjourned and the party at fault having to pay costs.

 

The following Directions apply to this Claim:

 

6. Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.

 

7. The original documents must be brought to the hearing.

 

8. The judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this Order.

 

9. The documents to be sent to the other party and the court must include the statements of all witnesses (including the parties themselves).

 

10. Witness statements must:

a) Start with the name of the case and the claim number

b) State the full name and address of the witness

c) Set out the witness's evidence clearly in numbered paragraphs on numbered pages

d) End with this paragraph: "I believe that the facts stated in this witness statement are true." (or words to that effect_

e) Be signed by the witness and dated

 

11. The judge may refuse to hear evidence or consider any statement of any witness whose statement has not been prepared and copied to the other party and the court in accordance with the paragraphs above.

 

12. Neither party may rely at the hearing on any report from an expert unless permission has been granted by the court beforehand. Anyone wishing to reply on an expert must write to the court immediately on receipt on this Order and seek permission, giving an explanation of why the assistance of an expert is necessary.

 

13. Because this Order has been made without a hearing, the parties have the right to apply to have this order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order.

 

Witness statements shall be included in the documents served and filed. This includes the evidence of the parties themselves, and any other person whose evidence is to be relied upon, whether or not it is intended to call them at the hearing.

 

The court may decide not to take account of any document or witness evidence if the document, statement or report has not been served.

 

The Judge has approved this case to be listed in a "back to back" small claims list. This is where a large number of cases are block listed at 10am before a number of Judges. The reason this has been done is to give you the earliest hearing date available.

 

Whilst this system allows us to give you an earlier date it does mean that your case might not be heard until the afternoon. Therefore please bear this in mind and keep the whole day free of other commitments.

 

---------------------------------------------------

 

I'm a little unsure about a few things and therefore seek the help of CAG please:-

 

a. Do a need to submit all my papers to the Court and Cabot / Cabot Solicitors since I've already done this along the way anyway?

b. The 14 days before the court date for submission of papers - is this 14 days including weekends or 14 working days?

c. Cabot have sent me nothing regarding the above yet - would the case be struck out if they send nothing?

d. Cabot should have paid the £80 court fee by now - am I entitled to ask the court if this has been paid? I'm assuming if they do not pay the fee then there is no case?

e. Cabot have still not replied to any of my requests i.e. CCA / CPR going back to March - surely this has to work against them?

 

Court days is getting near and I'm really anxious about it, I've held off sending any documents as requested to the court/Cabot as I was hoping to see what they had before sending my documents (if I need to?) in. I've got 3 - 4 days to submit if I'm to comply with the 14 days prior to the case, these including weekends.

 

Any thoughts on my queries and position?

 

 

Thanks for all your help.

Si

[AndyOrch]

" I'm a little unsure about a few things and therefore seek the help of CAGicon please:-

 

a. Do a need to submit all my papers to the Court and Cabot / Cabot Solicitors since I've already done this along the way anyway? Yes its called standard disclosure (part of the court directions)

b. The 14 days before the court date for submission of papers - is this 14 days including weekends or 14 working days? Working days

c. Cabot have sent me nothing regarding the above yet - would the case be struck out if they send nothing? If they dont comply with standard disclosure yes it could if you push

d. Cabot should have paid the £80 court fee by now - am I entitled to ask the court if this has been paid? Yes I'm assuming if they do not pay the fee then there is no case? Not quite... if they no pay the claim is thrown out...the debt still exists

e. Cabot have still not replied to any of my requests i.e. CCA / CPR going back to March - surely this has to work against them? They dont have to until now...see your point a) above

 

Court days is getting near and I'm really anxious about it, I've held off sending any documents as requested to the court/Cabot as I was hoping to see what they had before sending my documents (if I need to?) in. I've got 3 - 4 days to submit if I'm to comply with the 14 days prior to the case, these including weekends.

 

Any thoughts on my queries and position? "

 

Follow the directions above to the date and comply otherwise your defence can be struck out

 

Regards

 

Andy

[sjp1976]

Thanks Andy.

 

In term so copying documents for disclosure, am I best to simply copy my whole file or correspondence from/to the Court, Cabot and MC Solicitors & that way I simply could rely on anything I needed I guess?

 

Since I've already sent my defence I can't see me having to add anything additional anyway.

 

Thanks

SJP

[AndyOrch]

Disclosure from a defendants stance is minimal...but would contain any CCA/CPR request and responses...anything relied upon to support your defence and anything referred to within your witness statement (which is also part of your disclosure)

 

Regards

 

Andy

[sjp1976]

Hi Andy,

 

I sent in everything I needed to and got the information to the court and Cabot / Mortimer Clarke (Cabot Solicitors) on time last week however I've received nothing from them which I thought given the court order for disclosure I should have got?

 

What happens if they don't comply? It is hardly fair for me to have to attend a hearing without seeing the information they should have disclosed!

 

Thanks

SJP

[AndyOrch]

Inform the court that they have failed to comply with the courts directions and ask they impose sanctions or strike out the claim.

 

Regards

 

Andy

[sjp1976]

Thanks Andy.

 

I'll write to the Court, do I need to copy in the Claimant and the Claimant Solicitors?

 

Also, the Court suggested contact should be made to try to resolve the issue before the hearing - do I contact Cabot or their Solicitors? I want to tell the Court I've tried (even though I wont back down) in the same letter if possible?

 

The money they say I owe is nearly approaching SB however since they managed to get a Judgement against me last year which I got Set-Aside does this mean the SB date is another 6 years from the date of Judgement?

 

Thanks

SJP

[AndyOrch]

Thanks Andy.

 

I'll write to the Court, do I need to copy in the Claimant and the Claimant Solicitors? No

 

Also, the Court suggested contact should be made to try to resolve the issue before the hearing - do I contact Cabot or their Solicitors? Mediation if directed I want to tell the Court I've tried (even though I wont back down) in the same letter if possible? No

 

The money they say I owe is nearly approaching SB however since they managed to get a Judgement against me last year which I got Set-Aside does this mean the SB date is another 6 years from the date of Judgement? No if it was set a side the clock resumed

 

Thanks

SJP

 

Regards

 

Andy

[sjp1976]

Hi Andy,

 

Do you think this is appropriate?

 

"Further to the Courts instruction on the xxxx of xxxxx 2015 I am unfortunately still not in receipt of documentation from the Claimant nor the Claimant’s Solicitors.

 

It seems apparent, having made two separate requests for the case to be stayed that the Claimant intends to drag out the process and has little regards for Civil Procedure Rules, the Court’s time as well as my own time and the stress caused by this process.

 

Having ensured my documentation was received on-time by the Court, the Claimant and the Claimant’s Solicitor’s I kindly ask the Court to consider appropriate sanctions including Striking Out the Statement of Case."

[AndyOrch]

Too wordy...

 

The claimant has failed to comply with the courts directions as ordered by DJ XXXXXXXX dated xxxxxxx.I as the defendant have served my witness statement and disclosure as per the directions and now request that the court impose sanctions on the claimant.

[sjp1976]

Thanks Andy, I tend to go into too much detail

 

Thanks

[sjp1976]

Hi Andy,

 

Sent off the letter to the Court however just received an email from Mortimer Clarke (Cabot Solicitor's) with a draft consent order. Letter says we have instructions from our client to settle this claim and therefore enclose a draft Consent Order, if willing sign within 7 days etc.

 

Consent Order:-

 

"Upon the parties having agreed terms of settlement

By Consent

It is Ordered that:-

 

1. The Claimant's Claim against the Defendant be dismissed.

 

2. The Defendant's Defence be dismissed.

 

3. The Claimant and Defendant will be responsible for their own costs in this action"

 

This cost to me has so far been:-

 

a. An afternoon at a hearing to get the original case Set-Aside

b. The £156 (roughly) to apply for Set-Aside

c. A lot of postage (Royal Mail Same Day & Special)

d. Time sorting documents and photocopying etc

 

Question:-

 

1. Am I likely get them to fund say the application for set-aside?

2. If I sign the document can they return at a later date?

 

I'm of the opinion that this is """GREAT NEWS"""" - am I missing anything?

 

Thanks

SJP

[AndyOrch]

It is indeed great news sjp...but why they should wish to withdraw using a consent is beyond me on a small claims track claim...usually its just a notice of discontinuance.

 

You have to laugh at the first line " "Upon the parties having agreed terms of settlement ":wink:

 

I would disregard your costs....you wont get them ..and its relativity a small price to pay to dispatch this matter.

 

Well done.... thread title amended to reflect the outcome.

 

Regards

 

Andy

[theoldrouge]

Well done sip, old Citi agreements as rare as hens teeth

[sjp1976]

I feel the credit goes to all who assisted in the forum thread, especially you Andy & I'd never of got to this point without your advice, many thanks for this

 

Can I safely assume that returning the documents prevents them resurrecting the claim in future? I've only got a few months before SB kicks in anyway, this being a few months because the original Judgement stopped the SB clock until the Set-Aside.

 

Additionally, the Judgement still appears on my record for some reason even though it was Set-Aside - I'm guessing I need to write to the Court to remind them to action removal?

 

Thanks again.

SJP

[AndyOrch]

I feel the credit goes to all who assisted in the forum thread, especially you Andy & I'd never of got to this point without your advice, many thanks for this

 

Can I safely assume that returning the documents prevents them resurrecting the claim in future? Returning what documents? I've only got a few months before SB kicks in anyway, this being a few months because the original Judgement stopped the SB clock until the Set-Aside. Correct

 

Additionally, the Judgement still appears on my record for some reason even though it was Set-Aside - I'm guessing I need to write to the Court to remind them to action removal? Yes or check with Registry Trust

 

Thanks again.

SJP

 

Regards

 

Andy

[sjp1976]

Hi Andy,

 

It was the 2nd side of the Consent Order.

Have I done wrong?

[AndyOrch]

Settlement by consent does not guarantee that there will be no further attempts...but it wont be from the same claimant...and Im sure it will be edging towards statute barred anyway.

[sjp1976]

Hi Andy,

 

Using the following dates as an example will it be Statute Barred this month or in the next 6 months?

 

Say original default date is 31/07/2009 with the Judgement entered 5th September 2014 and Set Aside granted 10th March 2015.

 

Additionally once the Statute Barred kicks in is there any way they can take action?

 

Sorry for the additional questions - I just need to clarify this & even though the case over the last few months has resulted in a win I'm really anxious about further issues.

 

Thanks

SJP

[AndyOrch]

The Statute of limitations clock stopped on the issuance of the claim form (issue date) ...not the judgment....and started to re tick on the set a side date 10th March.

[sjp1976]

Hi Andy,

 

Thanks for that. My hearing date is 24th of July and I've just range the Court to confirm I do not need to attend having the consent order in place however they are saying that the hearing is still scheduled because the Claimant has not paid some type of fee. I asked if I need to attend & was basically told that they cannot offer legal advice and attendance was my choice. A little later in the conversation she did say that the consent order was on file and whilst the hearing will still go ahead it was a paper exercise but still could not offer me advice. She did say I could drop the Court an email excusing my attendance & this would be placed on file.

 

What do you think?

 

Thanks

[Old Cogger]

always be there

[AndyOrch]

The fee will be the hearing fee...so in reality the hearing should be vacated...once a Consent is agreed and filed and sealed its the claimants responsibility to advise the court to vacate any hearing.Best to attend unless you are informed not to before the 24th.

[sjp1976]

Hi Andy,

 

After checking again, it appears that the fee not paid is the Consent application fee and therefore the Consent Order has been placed on file for the DJ to attend to in the hearing. I'm guessing that Mortimer Clarke will email their excuses across!

 

I guess I'm still best to go then?

 

Thanks

SJP