JC/Moriarty claimform - Old talk talk home phone/broadband account.***Claim Dismissed***

[dave466]

Claim No. xxxxx

BETWEEN:
Claimant:
JC INTERNATIONAL ACQUISITIONS LLC

AND

Defendant:
xxxxxx

I xxxx, being the Defendant in this case would like to bring to the judges attention the following:

1) I believe that the claimant in this case has failed to comply with paragraph 1 of the notice of allocation to the small claims track (hearing) dated 26 March 2019.

I have not received any witness statements nor any other evidence which they rely upon.

2) as stated in paragraph 2 of the notice of allocation to the small claims track (hearing) dated 26th March 2019 failure to comply with paragraph 1 that failure to do as ordered the case will be struck out.

 

3) Persuant to CPR 3.8 (1)

 

Where a party has failed to comply with a rule, practice direction or court order, any sanction for failure to comply imposed by the rule, practice direction or court order has effect unless the party in default applies for and obtains relief from the sanction.

Statement of Truth

I, xxxx, the Defendant, believe the facts stated within this Statement to be true.

Signed:

Dated: 08 May 2019

[AndyOrch]

[dave466]

I now have a Ws from the court. 

For some reason getting an error when uploading it. It's a multi page pdf I think. 15 pages at 4.7mb.

[dave466]

I'm  still not having any joy with uploading this file guys.

It meets all the requirements.

Regards.

[dx100uk]

Claimants_ws_from_court.pdf

try this

dx

[dave466]

Thanks dx that seems to have worked. Great.

[AndyOrch]

Thats the usual statement they use in all claims.....no reference to your defence or justification of the fee levied for breakage of contract....and the usual CPR 27.9(1) none attendance.

 

No opposition at your hearing so you chew over the fee charged and expand on your defence with the District Judge.

[dave466]

My wife is struggling to get the time off work, is there any way I can represent her or doe sit have to be her? Also if it does have to be her and she can not get the time off what would we need to do.

Regards.

[dx100uk]

She must go and she 'll win if she does 

And get £90 costs if she's clever!

 

no you cant go in place.

[dave466]

My wife is today again trying to get next wednesday off for this hearing.

She is really panicking as she has no clue what to say or do etc and shes quite a shy person.

I am just going over the defence and ws and trying to pinpoint out exactly what they have not complied with or what she needs to say.

Regards.

[AndyOrch]

She wont really need to say much .....just smile and present her witness statement.If she does not attend you will lose.

[dave466]

Well wife definitely cant get the time off work so looks like we will lose this one.

Do we need to make the court aware.

Regards.

[dx100uk]

might be cheaper to go sick from work then..

 

although in the back of my mind im sure theres a case with moriarty here that the oh turned up at the hearing as they don't and we won?

anyone?

is it worth dave going anyway..could it work?

 

 

 

[AndyOrch]

Claim is £235......CCJ for 6 years....a days lost pay £?....... and possible reclaim of £90 for time off work.

 

What kind of employer is this that wont allow time for for court attendance ? 

And the hearing will only last 15 mins tops

[dave466]

She works in a special needs school and really short staffed and due to them getting 13 weeks off paid during the year they dont like people taking time out.

Obviously because shes been going on about getting time off if she phones sick looks obviously and way they gone on wouldn't surprise me if they pulled her in for it.

Luckily it's a small amount (still alot to us) but we will just try and borrow it from family and pay it off straight away if needs be to save getting a ccj as I believe if you pay within 28 they dont log ccj?

 

[dx100uk]

go above their heads

I had too.

in education..it could well be that a CCJ would be bad for her future DBS etc employment checks .

you having to pay it to stop that is wrong.

 

many years ago I wrote to the relevant education authority stating xxx establishment was refusing me time off.

and that was unfair as if I got a CCJ i'd obv lose my job.

 

it was sorted in 24hrs.

 

dx

 

 

 

[AndyOrch]

You should send a letter utilising  CPR 27.9(1)  same as the claimant used....simply copy theirs and file...must be with the court 7 days before and served on the claimant.

 

 

27.9

(1) If a party who does not attend a final hearing–

(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;

(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and

(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,

the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.

(2) If a claimant does not –

(a) attend the hearing; and

(b) give the notice referred to in paragraph (1),

the court may strike out^(GL) the claim.

(3) If –

(a) a defendant does not –

(i) attend the hearing; or

(ii) give the notice referred to in paragraph (1); and

(b) the claimant either –

(i) does attend the hearing; or

(ii) gives the notice referred to in paragraph (1),

the court may decide the claim on the basis of the evidence of the claimant alone.

(4) If neither party attends or gives the notice referred to in paragraph (1), the court may strike out the claim and any defence and counterclaim.

 

 

[dave466]

IN THE COUNTY COURT AT xxxx

CASE NO: xxxx

BETWEEN JC INTERNATIONAL ACQUISITIONS LLC – CLAIMANT AND xxxx – DEFENDANT

 

NOTICE PURSUANT TO RULE 27.9 (1) OF PART 27 CPR

The defendant hereby gives notice that it will not attend the hearing on 19th July 2019 at 2:45pm and further gives notice that the defendant has served all documents upon which it relies on the claimant and has filed such documents with the court and hereby requests the court to decide the claim in the absence of the defendant and the defendant confirms it has complied with rule 27.9 (1) (a) and (b).

To: The claimant and to the district judge.

xxxx Served this 17th day of June 2019 by xxxx the defendant.

 

Done this but dont think I can put the bottom bit as we have not given 7 days notice.

How would you edit it. I will take it into the court today or email it.

[AndyOrch]

Date it Friday 14th

[dave466]

Will do and will that be good to drop in?

[AndyOrch]

Email a copy to the claimant today and file with the court ASAP

[dave466]

Am I best taking it to the court or emailing it

[AndyOrch]

Your choice.....is it far away...do they accept documents over the counter ?  Ring them.

[dave466]

No its 5min and it's just a letter box that you drop it in

[dave466]

All done. Dropped off at courts and also emailed to claimant.

Do we just wait now for the post or ring the courts thursday?

Thanks