ADBC/Moriarty Law ClaimForm - UAE debt *** Claim Discontinued***

[AndyOrch]

One and the same really.......the court may not be happy with the claimants proposed Directions.

 

https://www.mylawyer.co.uk/the-fast-track-and-the-multi-track-a-A76076D76676/

 

With regards to Moriarty and no shows......that applies to Small Claims Track...only ...its not a case of they dont show up ..they never intended to in the first place..

They inform the court at witness statement stage that they will not be in attendance and will rely solely on written evidence...they are allowed to as you are also  on a small track claim.

 

Non-attendance of parties at a final hearing

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.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9

 

[gigglemal]

So what should be my strategy overall then?

I want to try to do all I can to ensure I'm doing the right thing, but Moriarty haven't provided any of the requested docs.

 

I don't want to be seen as ignoring them, especially as they've made two attempts to contact me.

Equally, if there's not much I should be doing other than await the CMC I'd like to at least prepare however best that may be.

 

I'd just appreciate guidance or reassurance on what my best course/s of action is/are w.r.t to the case.

 

For example, should I keep back all my concerns and points until after the CMC, raise them with Moriarty, resend my original request for disclosure of documents - or just wait?

[dx100uk]

you do not initiate contact on anything directly with moriarty ever.

you do nothing about that...not your problem they've no docs it theirs.!!

shouldn't start speculative court claims

 

you do not ever engage with them outside of a courtroom infront of the judge, if it gets that far..

unless its to persuade them into dismissing their clients court claim ..

 

andy will advise on the rest later.

 

 

 

[AndyOrch]

Its pretty self explanatory what the hearing is for.......Reason for hearing - to consider track and jurisdiction.

 

Its simply to decide the allocation...directions......and by the looks of it Jurisdiction......if Jurisdiction is not resolved its pointless allocating to track.

So in that vein there is no strategy to advise....the details of the claim will not be discussed..simply sit there and smile.

 

 

[gigglemal]

Thanks Andy & DX for your helpful explanations, as always.

 

I was just wondering if there'd be any expectation for me to be involved or have to answer anything but you've allayed that.

 

When I mentioned strategy, it was more of a general thing other than this hearing. In other words, as I understand it - it is for Moriarty to comply with disclosure as per DQ - ie documentation etc. - and until then, for me to take the view there's not enough information?

[GoldenGoose]

Guys I really don’t mean this to be rude at all, but I have no input in this, could I be removed from this as it’s filling up my inbox 

gigglemal.

 

I do feel for you and I don’t want to speak to soon but listen to the advise you’re given and follow it to the letter,

I think your being pushed to the limit which is making you panic and becoming reactive which I have also done,

I really think they rely on mistakes being made rather than who’s wrong and right as is logical to us.

 

its a game and you need to be the winner

 

good luck 

[dx100uk]

scroll upto the top untick the following box top right

 

dx

 

[dx100uk]

and GM you are correct in that assumption..it's a speculative claim. hoping you wet yourself they never expect these to be defend

[gigglemal]

Latest news (so far) on this.

Moriarty were supposed to arrange a teleconference, I didn't hear from them so rang the court and I (luckily) managed to speak with the Judge.

 

He has ordered for Claimant to file and served amended particulars of claim setting out all facts on which they rely and producing a copy of the orginal agreement, an account statement and the default notice. To date, I haven't recieved any updates from Moriarty, although there are a few days untl the re-arranged allocation hearing.

 

[dx100uk]

as post 78..

 

I hope you mean the mediation service...

you should never be directly liaising with the claimant nor their fleecers ..

[gigglemal]

@dx100uk - the Court advised me to call them when I rang in as the allocated time for hearing came. Court gave me a number to call them, and when they didn't/couldn't help, I rang the Court back who then put me through to speak with the Judge.

 

Both the latest and the previous correspondence from the Court stated Claimant's Legal Representative is ordered to arrange the telephone conference.

Edited April 19, 2020 by gigglemal

[dx100uk]

might be something to do with covid=19 changes

but lets put it this way.

 

I would never without  recording a call talk to the enemy no matter who told me too.

they lie!

 

 

[gigglemal]

Yep, I understand your view but in the scheme of things, I felt it was more important to at least show willing to the Court rather than miss the hearing.

 

As it stands, I feel it maybe worked out better because at least then I was able go back to the Court and they then put me through to the Judge (and we had a nice chat). The Judge made his order and a few comments to me which I found helpful and worthwhile

 

If I hadn't had at least tried to call Moriarty, I doubt they would have put me through to the Judge.

 

What do you reckon will happen next? ....

Edited April 19, 2020 by gigglemal

[dx100uk]

Its def made your case much stronger..

I can see this being disc'd or dismissed...as i cant see them getting all that pwork

 

Dx

[gigglemal]

Thanks for all the advice and help @dx100uk and @Andyorch - all very much appreciated, and I've made a donation (and hope to make another soon).

 

Keep up the great work!

[AndyOrch]

[gigglemal]

When the orders mention 'serving' and a deadline, is that only for submission to the court or should I receive the documentation also?

 

As it stands, I haven't received any particulars, agreement, statement or default notice - only an email from ML confirming they have "booked the allocation hearing" and will call me at that time.

 

Is it worth me emailing the court to note that I haven't received any documentation by the 'no later than' time?

[AndyOrch]

Absolutely...and ask them to strike out for failing to comply with Court Order.

 

Andy

[gigglemal]

Thanks for the quick response Andy - have done as suggested

[dx100uk]

open

dx

[gigglemal]

Just circling back with a thanks and an apology.

 

Apologies because, I honestly thought I'd replied to thank everyone and update, but turns out I hadn't. Sorry.

first of all, a big big thanks to the Forum and all those that helped me on this thread, especially @dx100uk and @AndyOrch. The work you do is awesome and I'm sure I'm only one of many who are extremely grateful for your support.

 in terms of a belated update, Moriarty withdrew, well they said ADCB did. that's a result.

Whilst that was a few years back, I still get emails from odd 'agents' locally in UAE - usually at a weekend - or reminders from ADCB. The sums offered by the agents for a settlement are a fraction of the sums that were claimed - like 75% less - one would presume if one wished to settle, dealing direct with ADCB may be even less.

If it helps anyone, what I would say is this.

1) Listen to the advice from the trusted sources on here. They know their onions.

2) It can seem overwhelming to a layman with all this legal jargon, but don't let it scare you. Just take it a step at a time, listen and learn as much as you can from other threads, and trust the process.

3) I was surprised how shambolic Moriarty appeared to be in my case. Don't ever think the other party is above you in terms of knowledge, experience or how they will conduct themselves. Whilst it was during the pandemic, even on the remote calls with the court, in one instance Moriarty didn't even bother attending the call. In other instances, they didn't reply to certain requests I made via court process. Finally, they just give up the ghost, and a few years later I received confirmation of discontinuance.

I'm not saying my experience is/was/may be typical, but what I took from it was it simply came down to brinksmanship and them playing the percentages on their part. Play the long game, take good advice, there's nothing to be scared off and if it's anything like my situation, you may well win the day.

The longer things went on, the more you will feel you're on the right side. Especially once it gets into all the process, form submission and involvement of the court, stick to your guns and follow the advice. 

It's nothing scientific, but if every case was like mine, it seems like these folks have the view that at some point, the defendant will crumble and give in, through fear or otherwise, so it's important to stay brave and keep pushing forward because the further you go, the more it will tilt in your favour. Play a straight bat and the long game.

I've now come back to post due to another situation, different debt, and will start a new thread in due course.

keep your chins up, fight the good fight and good luck to all, and sincere thanks for all the help.

 

[dx100uk]

you mean they discontinued the claim, not withdrew...

well done everyone.

 

[gigglemal]

Yep, that's it @dx100uk - thanks for the clarification. My bad...

Cheers again for all your help 

[AndyOrch]

Well done topic tile updated.

Andy