ADBC/Moriarty Law Claim Form - UAE debt

[AndyOrch]

So do you agree with the claimants proposed Directions ?  Setting out directions/timetable  in FT MT is explained in the link I provided above ( post # 44) 

 

and here....

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part29/pd_part29#4.1

 

Both claimant and defendant cant submit different directions...you must agree them between yourselves.

 

Andy

[gigglemal]

Thanks Andy, I need to delve into this a little further to be clear on a few things.

 

For some reason, I seemed to think the strategy was to ask for mediation on the basis of not being able to make an informed decision (as they haven't submitted the docs I requested).

 

I also had the view that it was to direct to courts/process rather than communicate/agree directly with Moriarty.

 

My underlying issue is that I've previously explained my situation to ADCB & their reps, in that I've not worked & what little income I have is taken up by my DMP.

 

I'd be open to discussion to a resolution but they've contradicted themselves several times (or at least their agents have) regarding things like freezing interest or setting up an agreement, instead they want a lump sum.

 

It feels like I've gone in circles so I honestly don't know the best way forward - other than follow the process as you guys have helped with thus far.

 

I am happy to agree to a stay - if it gives a chance for progress.

[dx100uk]

Bottom line is you don't pay them a penny unless you get forced too and that looks doubtful

[gigglemal]

Don't worry DX - I don't intend to. Just need to be a bit reassured on how to tread carefully and go about things the best way to achieve that.

 

I learned my lesson the hard way by paying last time and it only ended up worse for me.

As I understand it, I should be seen to willing to discuss with them in terms of agreeing their directions but it's up to them to comply with my requests for the documentation (as requested before, still outstanding).

Question - I have oodles of messaging (mainly electronic etc.) but feel I don't want to disclose at this stage (show my hand) as I would like to play it that they have to show me the docs first. Agree?

Edited February 28, 2020 by gigglemal

[AndyOrch]

Agreeing directions has no connected to your last two posts.....its to agree the timetable/disclosure/exchange of statements for the trial

[gigglemal]

Thanks Andy.

 

One concern I have is in their Disclosure Report, they have referenced my premises & 'Computers & Laptop', yet in their Electronics Documents Questionnaire they have only referenced ADCB as custodians/creators. My concern being, it seems they should offer their agents - ie. DCAs (who made situation worse with false promises, contradictions etc.).

 

Also, they have mentioned a person in ADCB as witness for video link. Should I list the amount of people I've had discussions with also previously?

 

Should I raise my concern somehow now, or later?

 

Other than that, I agree with their directions.

Edited February 29, 2020 by gigglemal

[AndyOrch]

If you could scan redact and upload a copy of their DQ and Proposed Directions.....that would be helpful in advising further.

 

Andy

[gigglemal]

Cheers Andy - as requested, hope these are okay?

 

 

aha, tried again - with hopefully smaller file sizes, so (fingers crossed) 181 and Proposed Directions

DO Proposed Directions_R.pdf Form N181_R (optimized).pdf

[AndyOrch]

Is Central London your local County Court.? I also note there is question to Jurisdiction and that the agreement may not be none exclusive jurisdiction.

 

Andy

[gigglemal]

Hi Andy, I've received a N271 notice of transfer to my local court (so CCBC at least received my 181).

 

I mention this as I also received a N24 to say they haven't received my DQ yet - although they must have (I guess) to get the court changed.

 

I'm worried as I need to get a response/my PD to them ASAP - today really.

 

I'm sorry but I don't understand the Jurisdisction & agreement point, please could you explain more?

 

 

[AndyOrch]

Their proposed directions are fairly standard for FT/MT.   so unless there is anything in particular that you think should be added .simply inform them you agree or disagree.....there is no requirement for you to also submit Directions.

 

with regards to none exclusive Jurisdiction......

 

When jurisdiction is exclusive, ONLY the courts of England have authority to adjudicate relevant disputes.

 

When jursidiction is non-exclusive, then the courts of England are granted such authority, but other courts may also be able to adjudicate, depending upon the (somewhat complex) rules of private international law.

 

In some cases (e.g. consumer protection cases) a jurisdiction clause will be overridden by the courts.

[gigglemal]

Thanks as always for your help Andy - you do a great job for us lay-laymen out there.

 

How do I formally confirm agreement? I have emailed the Court because I was concerned about the short timeframe but also them saying they hadn't received my DQs. For completeness and peace of mind, I send the N181 again to both parties and emailed the Court - and confirmed agreement with the Directions.

 

I will read up more on the Jurisdiction aspect too. Your explanation is very good but I will need to dig deeper to understand the impact. Why would Moriarty challenge that do you think?

Edited March 2, 2020 by gigglemal

[gigglemal]

The other concern I had - apologies if this sounds OTT in advance.

 

Their Directions reference search & electronic property; do I take it they say that so they can come and search my address for devices? That doesn't seem fair when I've asked them in advance for appropriate/relevant documentation that they haven't sent.

 

I could go back through my emails, messages and other records and reference all the contacts I've had by their representatives - should I wish to - which would not favour them I don't think.

 

The majority of what I've read so far seems to be based on getting towards Court date, in the knowledge Moriarty don't turn up. My worry would be - what if they did? Common advice is to keep correspondence primarily with Court but not give personal info to Moriarty - and I'm just bothered they could (according to how I've read those Directions) request a search at home address.

 

 

[dx100uk]

33 minutes ago, gigglemal said:

Their Directions reference search & electronic property; do I take it they say that so they can come and search my address for devices?

where?..

bottom line is no they cant they are not bailiffs and never can be, but TBH you've lost me totally with this sideways jump of thinking??

 

dx

 

[AndyOrch]

I think you need to reread it....that's not in the Directions...it's in their N181 with regards to disclosure conduct from them....not you or your devices or property

[gigglemal]

Thanks to you both for helping to clarifying. Apologies if I'm ovethinking or looking into this too deeply, but it is a lot to take on board, thus easy to fear the worst.

 

Yes, you're right - I've misread their directions/N181. I'm just concerned that I've missed something, especially when I receive communication to say DQ not received. If I have submitted my N181 form, the court has been changed accordingly what other steps do I need to do?

 

If it's just to agree the directions, what is the usual/best way to do this? I'd read previously to not share any address, email, phone or other contact details with Moriarty so the bit I'm struggling with is how to communicate acceptance. I thought maybe a printed paper with something like to confirm I agree with directions with my name and claim reference on?

 

@dx100uk - it was just the jump from the relatively simple step of filing defence  (with yours and Andy's help of course - thanks!) to trying to understand all the directions/words they'd used, added up with the query from Court about needing to agree directions within 7 days. One can't help fearing the worst in these things - all the legal stuff is a lot to get my head around sorry.

 

 

Edited March 3, 2020 by gigglemal

[AndyOrch]

Quote

I'd read previously to not share any address, email, phone or other contact details with Moriarty so the bit I'm struggling with is how to communicate acceptance. I thought maybe a printed paper with something like to confirm I agree with directions with my name and claim reference on?

 

They already have your address posssibly phone number....having issued the Court claim to you......you can ring them or email them and simply state your in agreement re directions

[gigglemal]

Thanks Andy - I've wrote to them & Court confirming agreement to their directions.

 

 

[gigglemal]

Update

- I'd received confirmation that the case has been allocated to my preferred (local) court and also that the District Judge has considered the statements of case and directions questionnaires and decided a hearing is necessary before a final decision about allocations can be made.

 

Reason for heating - to consider track and jurisdisction.

 

--

 

How should I prepare for this?

Any advice or insight as to what to expect, or opinions would be gratefully received.

 

Also

- Moriarty rang my home phone number and emailed yesterday.

I still have not received any correspondence as per my request in December.

 

I'm wondering what the ideal next step would be for me to take?

I don't want it to seem that I'm not trying to engage with them, after all they suggested a stay for ADR but I'm unclear on best course of action.

 

Should I for instance resend my request for documentation to them?

[dx100uk]

nope their problem not yours..

the claimant through their dogs Moriarty should not initiate a speculative court claim solely for the purpose of intimidation and using the court as a debt collection tool.

 

dx

 

[gigglemal]

Thanks DX - so what is likely to happen on that day do you think?

 

Andy previously mentioned it seems they are looking to discuss question about jurisdiction (as does the court's letter).

 

I seem to recall it's generally held that Moriarty don't turn up to court. Will that be a factor in this case - it's in the North West.

[dx100uk]

they certainly never turn up no.

 

i'm sure andy will pop in

but I would expect you have quite a reasonably chance of the judge concluding he has no jurisdiction to hear this case by the sound of things if you play this right.

 

[gigglemal]

Thanks for your feedback DX.

 

I'm very keen to "play this right" so any advice is always appreciated and gratefully received.

 

I was mindful though that since agreeing to directions, I haven't heard anything back in writing from Moriarty. They tried to call once and emailed once.

 

I'm looking for guidance if I should write to them or not, as I don't want it to seem that I'm not engaging with them. After all, the stay was about ADR so I'm looking for the best way to play it.

[AndyOrch]

They will turn up for a Multi Track Claim ......I assure you.

 

Its simply known as a Case Management Conference hearing...quite normal in Fast Track/Multi Track claims.

 

Read here and get up to speed.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/case-management

 

https://www.inbrief.co.uk/preparing-for-trial/attending-a-case-management-conference/

 

[gigglemal]

Also, please excuse me if I've missed something, but the Notice of Allocation or Listing Hearing I've received doesn't mention/refer to the term CMC anywhere on the form.?

 

Thanks Andy.

 

So if they do turn up for a MultiTrack Claim, what is my best strategy for the case overall? I've read other threads whereby Moriarty not turning up the case will be thrown out, but in this case that doesn't seem likely.

 

ADCB are well aware of the situation since I left UAE, and not a lot has changed since then - not least that I'm not working, in a DMP already and have no assets/savings.

 

Do you have any thoughts on the jurisdiction issue?