Business Internet Company claimform - suing for cancelling contract***Struck Out***

[maggie60]

I got the defendant to send the following email to the Court on Monday late afternoon:

 

 

Dears Sirs,

 

As Defendants in the above case, we contacted the Court Office today to check bundles in the case had been received. The Claimant’s bundle had been received, but our was shown as outstanding. This was posted on 30th January and signed for at the Court Office by Cole and initialled as JC, at 9.46am on 31st January and we can provide proof if required.

 

We have not, however, received the bundle from the Claimant. This was clearly stated in your instructions in the Notice of Allocation of 3rd November 2017 and we should have received this by 4pm on 1st February. The email for our bundle to them, was sent to the Claimant last week with attachments can be seen in the email below this one.

 

I had hoped to have the Claimant’s bundle to go through Saturday and yesterday as I need to work next weekend and will be away the following weekend. As I work 5am to 6pm during the week, this leaves me at a distinct disadvantage. I only have the Claimant’s short and unclear Particulars of Claim and despite requests have received nothing else.

 

I would request the Court’s instructions.

 

Yours sincerely,

xxxxxxx xxxxxx

 

 

A little naïve I realise now, but have not encountered this before. We sent nothing to the defendant and as we have exactly 3 weeks before the hearing should we now email them to email us their bundle by early next week. Then if we hear nothing by Monday week (14 days after our original request to the court), then email the court again?

 

 

Director

[maggie60]

Good news, info I received on Monday was incorrect as defendants just forwarded this from the court.

 

Good afternoon

 

I have located the file and we have received your bundle, it was logged on as the wrong thing.

 

We have received nothing from the other side or a hearing fee so I am referring it to the Judge for directions.

 

The Court will be in touch in due course.

 

Many thank

 

xxxxxxxxxxxxxx

 

Civil and Divorce Section

Portsmouth Combined Court

Tel: 023 9289 3012

 

"I am not authorised to bind my Ministry contractually, nor make representations or other statements which may bind the Ministry in any way via electronic means"

 

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I will not help the claimant by requesting they forward anything and leave it up to the Judge, who I hope will strike it out.

 

Should I request the court to strike it out or keep schtum??? It shows a total disregard for the Court.

[AndyOrch]

The court should do it for you ...as per their Directions:wink:

[maggie60]

Will do, if the Judge strikes it out, will the defendant be able to attempt to claim any expenses for time spent or is all over?

[AndyOrch]

Will do, if the Judge strikes it out, will the defendant be able to attempt to claim any expenses for time spent or is all over?

 

No..the claim will be struck out.

[maggie60]

Many thanks. glad it will be all over.

[SuperVillain]

Well that worked out nicely

[maggie60]

Well that worked out nicely

 

 

I will believe when the court says it's been struck out.

[maggie60]

I will believe when the court says it's been struck out.

 

 

Judgie, in his/her wisdom has given the claimant until 4pm today to send defendants copies of their bundle!

[SuperVillain]

Judgie, in his/her wisdom has given the claimant until 4pm today to send defendants copies of their bundle!

 

Under what penalty? Automatic strike out?

[maggie60]

Plue they haven't paid the court fee and even court staff surprised it wasn't struck out.

[maggie60]

Under what penalty? Automatic strike out?

 

 

None!!!

 

 

Court staff candidly suggested emailing court first thing tomorrow to request it be struck out and try to claim expenses (which obviously won't happen as the judge and claimant must be close relatives).

[SuperVillain]

None!!!

Court staff candidly suggested emailing court first thing tomorrow to request it be struck out and try to claim expenses (which obviously won't happen as the judge and claimant must be close relatives).

 

Haha yes it's tempting to think that.

 

I was many moons ago, defending a PI claim where the Claimant sols put the wrong figure on the front of the Claim Form and hence paid the wrong Court fee. The Court ordered the Claimant to clarify the sums they're claiming and if different to the served claim form, pay any extra court fee, but put no penalty on the order.

 

I gave the Court a ring two weeks later... nothing... Court said write in... 3 weeks later I write in... Court makes another order with no penalty for non compliance... I ring back a month later - nothing... write in to Court again... Court makes a 3rd order... (with the Court turnaround times we were then 8 months after the DQ was filed...)... Ring again - nothing, Court says I'll have to make an application if we want to Strike out... Court then makes a 4th Order with no penalty... and no less than 13 months later we finally get directions (meaning the Claimant eventually paid up).

 

With your case though, there is a trial date. So if the non-compliance puts the trial date at risk the Court may issue an unless order.

 

What's more likely to happen is that everyone will rock up at the hearing and you're in a situation where the Claimant hasn't served any witness evidence on the Defendant. What happens next depends on the calibre of Judge.... either they dismiss the Claim, they adjourn the hearing and award you costs, or they just give you time to read the Claimant's statements on the morning and crack on in the afternoon...

 

No harm in emailing the Court tomorrow.

[maggie60]

The court hasn't heard from the claimant and as the court admits to not receiving their fee, they haven't received the bundle either.

 

 

Doesn't this make a joke of the court order?

 

 

With your case though, there is a trial date. So if the non-compliance puts the trial date at risk the Court may issue an unless order. The trial for which they have declined to pay for?

[AndyOrch]

Mickey Mouse Business Internet Company .......Mickey Mouse approach to dealing with its own court claim:-)

[SuperVillain]

Did the Judge's order about the bundle being filed today make any mention of the Court fee?

 

If not then write to the Court and request strike out for non-payment of the Court fee and breach of the earleir order.

 

Whether it'll be granted is anyone's guess.

[maggie60]

No letter from the court yet - had to call them earlier this morning as the hearing is in a week.

 

 

The clerk, reluctantly admitted that the fee hadn't been paid and they had not heard from the claimant.

[maggie60]

Did the Judge's order about the bundle being filed today make any mention of the Court fee?

 

If not then write to the Court and request strike out for non-payment of the Court fee and breach of the earleir order.

 

Whether it'll be granted is anyone's guess.

 

 

If they haven't paid the £80 fee, wouldn't it be automatically struck out?

[AndyOrch]

If they haven't paid the £80 fee, wouldn't it be automatically struck out?

 

If they haven't complied with any of the directions listed in the Notice of Allocation (N157) (Hearing fee/Witness statement/Disclosures) ...it states it will be auto struck out

[maggie60]

If the defendants don't hear today, I will send off the following email to the court tomorrow.

Dear Ms xxxxxxxx,

Thank you for your prompt reply to my enquiry of 5 February.

You answered me on the 8th February, and although we have not received any correspondence from the Court just yet, we did call today for an update on the case as the hearing is in one week’s time.

I understand that the Judge made instructions for the Claimant to provide us with their bundle by 4pm yesterday.

They have failed to do so, and I understand they have failed to provide the Court with the bundle or the hearing fee of £80.00.

I would now ask the Court to formally strike out the Plaintiff’s claim on the following grounds:

1. They have failed to provide their witness statements and bundle to the Court by 1st February as clearly instructed in your N157 Notice of Allocation to Small Claims Track (Hearing) of 3rd November 2017.
   
2. They have failed to provide copies of their witness statements and bundle to ourselves, as defendants, by 1st February as clearly instructed in your N157 Notice of Allocation to Small Claims Track (Hearing) of 3rd November 2017.
   
3. They have failed to pay the hearing fee of £80.00 by 1st February as clearly instructed in your N157 Notice of Allocation to Small Claims Track (Hearing) of 3rd November 2017.
   
4. They have failed to provide their witness statements and pay the hearing fee to the Court up to this point in time.
   
5. They have failed to provide us, the defendants, with the Claimant’s bundle by 4pm yesterday, 22nd February 2018, as instructed in the latest Order by the Court.
   

I would also ask the Court to consider our Litigant in Person costs of £xxx.xx in line with CPR 46.5 and 45.39(5). I have provided a calculation of these costs as an attachment, entitled shine_costs.pdf, and these are calculated at the standard L.I.P. rate of £19.00 per hour.

We have always acted properly in this case providing the Claimants with details as instructed by the Court and although we are advised that we can ask our bank to reverse nearly all the £1,000.00 paid to them so far, we have declined to do so. In addition, they have still failed to provide us with one VAT invoice for the money they have taken.

As I am based n Surrey, a full day would be taken up in going to the hearing in Portsmouth, and as I feel that, the Claimants are very unlikely to attend, I would be grateful if the sitting Judge would hear the case in my absence, if the case is not struck out.

Yours faithfully,

Any thoughts?

[SuperVillain]

In the line before the numbered list, change Plaintiff to Claimant.

 

If you don't go to Court you do run the risk that the Claimant does show up and gets their case heard, with no one to defend.

[maggie60]

In the line before the numbered list, change Plaintiff to Claimant.

 

If you don't go to Court you do run the risk that the Claimant does show up and gets their case heard, with no one to defend.

 

 

 

What's the difference between a Plaintiff and a Claimant? I did originally put it down as you suggested, just thought claimant's claim sounded a bit wrongish.

 

 

If it was me, I would go, the defendant won't, he's never been to court (or Portsmouth), so what can you do?

[AndyOrch]

Far too much......keep it short and concise dont turn it into another defence.....DJ will doze off

 

Less is more

[Ganymede]

What's the difference between a Plaintiff and a Claimant? I did originally put it down as you suggested, just thought claimant's claim sounded a bit wrongish.

 

 

If it was me, I would go, the defendant won't, he's never been to court (or Portsmouth), so what can you do?

 

The term Plaintiff isn't used anymore as it's confusing and outdated legal jargon. Apparently.

 

It's now Claimant.

[SuperVillain]

 

If it was me, I would go, the defendant won't, he's never been to court (or Portsmouth), so what can you do?

 

I was at Portsmouth County Court last month it was quite nice... hell of a trek from the Midlands though...

 

If the Defendant doesn't go then the risk is as outlined. And it's a significant risk. They could well end up with a Judgment against them just by virtue of them not being there (i.e. no arguments being advanced on their behalf, not available for questioning/cross examination, a perceived disrespect to the Court).

 

In my view them not going renders this entire thread of assistance somewhat pointless. They might as well have just admitted at the start and paid.