Rogue Trader - N1 Claim form but no POC***Claim Struck Out***

[AndyOrch]

The " separate particulars " have not yet been served on you........CPR 7.7 applies

[panther12]

The particular of claims box is empty. The Claimant crossed "attached" so the POC are to follow. The bit of verbatim on page 1 of the N1 form (i.e. under the brief detail of claim heading), I've sent you by PM. Sorry could;t figure out how to send a scan.

 

Paul

So it didn't actually state that the POC are to follow which indicates that they could be trying to pull a fast one. Some good info here:

http://www.barristershub.co.uk/archives/practice-areas/civil/2012/highly-irregular-judgments

[paulmuad]

That's exactly what they were trying.. However, the N1 form did state POC would follow. They never did. Neither I nor the court received the POC. The court advised that I could either file a defence or apply for the claim to be struck out with form N244. Which one should I follow?

[paulmuad]

I was planning to file the following defence:

1. The Defendant contends that the claim is vague and generic in nature and that the Particulars of Claim were not served to the Defendant within 14 days of the service of the claim form. The Defendant accordingly sets out its case below and relies on CPR r 16.5(3) in relation to any particular allegation to which a specific response has not been made.

2. The Claimant didn’t attach or serve the Particulars of Claim with the Claim form and the Claimant didn’t serve the Particulars of Claim on the Defendant within 14 days of the service of the claim form as expected by Civil Procedure Rule 7.4(1)(b).

3. The Claimant has not provided any details as to how the sums claimed have accrued. The Claimant has not provided any copy of the contract, or documents, constituting the agreement with the claim. The Claimant has not provided any general conditions of sale incorporated in the contract.

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof.

5. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

6. In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant’s statement of case should be struck out as disclosing no reasonable grounds for bringing the claim.

 

What do you think? or Should I put that on a N244?

[AndyOrch]

I would do both but you must refer to CPR 7.7 also within your application and your defence.

[panther12]

Ideally you shouldn't have acknowledged if it stated poc were to follow (cpr10.3). As the aos is completed I think just to cover yourself I would send a brief defence just outlining their non service of the poc and failure to comply with court rules with permission to submit a fully detailed defence should they serve the poc. Don't think I'd go into any specifics regarding contracts, T&Cs etc if there's nothing enclosed in the claim to base a defence on. A defence only needs a specific response to the poc - admitting / denying and adding your own version of events to what's stated in the poc but as there are no poc you can't really add anything to something that's not there.

 

If they are serving the poc separately, they should file a certificate of service (N215) with the court within 14 days of serving the poc.

[paulmuad]

I disagree Panther12. As you previously stated they were trying to pull a fast one. They had their N215 form ready to be sent thinking I wouldn't file a defence and that the court wouldn't check for the missing POC.

[paulmuad]

Do I need to draft a court order if I send a N244? And do I need to do a N244 for each defendant and pay twice?

[AndyOrch]

Do I need to draft a court order if I send a N244? Yes And do I need to do a N244 for each defendant and pay twice?

 

Check with the court....if the claim number is the same sometimes the court will accept one application

[paulmuad]

Thanks Andy. If only I could make a counter claim for the hours spent on this claim! Would you know where I can find a template of court order for strucking out a claim?

[paulmuad]

Hey Andy, and I don't understand how and why I must include CPR 7.7 in my defence above?

[AndyOrch]

No template as such because all application vary...

 

Quite simple to complete though.....example....

 

N244 Form

 

1/2 Are easy enough Name etc

 

3.Strike Out

 

In Box 3 you write something like:

An order that this claim be struck out under CPR 3.14 CPR 7.7 .......etc

 

4 Draft Order

 

Write Yes (see below)

 

5 At a hearing ??

 

Without a hearing

 

6/7/ Left Blank

 

 

8 District Judge

 

9 Write Claimant

 

10 Attached Draft Order

 

11 Sign etc

 

 

#### START OF ORDER ####

 

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

Claim No. ...

 

Before

 

District Judge ………

 

 

Dated ……… 20…

 

 

Claimant A

 

and

 

Defendant B

 

 

 

Draft/ORDER

 

UPON The Claimant failing to serve separate particulars of claim within 14 days pursuent to CPR 10.3 and CPR 7.4 & CPR 7.7 (PD2/a)

 

 

IT IS ORDERED THAT:

 

1. The Claimant statement of claim be struck out pursuant to CPR 13.4 (b) and ©

2. Wasted costs be awarded to he defendant in this application and case whether fixed or to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

 

 

#### END OF ORDER ####

[paulmuad]

Andy, you're a star. I think you meant:

1. The Claimant statement of claim be struck out pursuant to CPR 3.4(2)?

I don't think I should use 13.4 since no judgement has been made.

[AndyOrch]

Its just an example ...different case different draft order...you will have to verify the pursuant CPRs and edit to suit:wink:

[paulmuad]

Andy,

 

Thanks for all your help. We had the court hearing today following my application and we won! The claim is now struck out and the claimant owes me £50 for the fee of the application. The claimant didn't even turn up. The rogue trader must have been scared by all the legal words in my defence and application.

 

I couldn't have done it without your help Andy and everyone!! Thanks so much.

 

Paul

[honeybee13]

Hello there.

 

Well done for holding your nerve, you must feel good about how it went.

 

HB

[paulmuad]

I have to say I felt amazing when I left court. A real high. All these hours working on the case and reading this forum were worthwhile!

[honeybee13]

I have to say I felt amazing when I left court. A real high. All these hours working on the case and reading this forum were worthwhile!

 

I can imagine.

 

HB

[AndyOrch]

Andy,

 

Thanks for all your help. We had the court hearing today following my application and we won! The claim is now struck out and the claimant owes me £50 for the fee of the application. The claimant didn't even turn up. The rogue trader must have been scared by all the legal words in my defence and application.

 

I couldn't have done it without your help Andy and everyone!! Thanks so much.

 

Paul

 

Delighted for you Paul and well done.

 

Thread title amended to reflect the result.

 

Regards

 

Andy