Centrica/CST claimform - Industrial Training Bond

[smooth]

I spoke with the court today, the claimant has not filed the DQ - I asked for the claim to be struck out and they are sending me a form I need to fill out however I will need to pay a fee to request this  action to be taking and they also said there is nothing stopping them filing for the claim again?

 

Would would be the best course of action at the moment  @Andyorch ?

 

Thanks  

[AndyOrch]

Hi there

 

Yes court staff seem to think that the answer to everything is to advise you submit an n244 application notice.....but on this occasion you are not making an application you are telling the court to follow through on its own words.

 

If you refer to your Proposed Notice of Allocation Notice N149a it clearly states that any party that does not file their DQ by the date stated they risk their claim/defence being struck out for none compliance  by its own volition....its a court order.

 

So the staff are telling you to pay a fee to prompt them to do what they have already stated they would do...as per you post #50

 

Quote

IT IS ORDERED THAT

 

The Claimant must file the Directions Questionnaire with the CBC on or before 7 days from service of this

Order with County Court Business Centre (CBC) via post at St Katharine's House, 21 - 27 St Katharine's Street,

Northampton, NN1 2LH, via Document Exchange at DX 702885, or via email at [email protected]. If the

Claimant does not comply with this order their claim will automatically be struck out without further order of

the Court.

 

Yes they could file the claim again and pay another fee and costs...but very unlikely and they may try to set a side the above if the court did strike it out ...but until such time we will never know

[smooth]

I did not have time to call the court again today after the initial phone call  - they did email me the below @Andyorch should I still proceed with the above advice? 

 

Thank you for your enquiry, just to make you aware the claimant still has time to file their directions questionnaire  till 24/01/22. It might take sometime for us to process it as per our work positions.

 

If you think that a claim has been issued against you incorrectly you may apply to strike out the claim using the attached N244 Application Notice. Please ensure you give your reason(s) for wanting the claim struck out.

 

Please note: If this case has become stayed, you will also need to apply to lift the stay in Section 3 of the N244 application form.  

 

Alternatively, you may dispute the claim by filing a defence and, if necessary, a counterclaim.

 

Please note, a defence / counterclaim or application to strike out the claim should be submitted within 14 days of the date of service or you risk a default Judgment being entered against you. This can be extended to 28 days from the date of service by filing an acknowledgment of service.

 

Please read this email and any attached notes thoroughly before sending the application to the court as incorrectly completed applications will be returned to you.

 

There is a £108.00 court fee to process the application without a hearing or a £275.00 court fee to process the application with a hearing, payable by cheque or postal order to HMCTS.  

 

Court fees can be paid by a Cheque or Postal Order made payable to HMCTS or by contacting the Helpdesk on the number below between 9.15 and 15.30 Monday – Friday or on the Court’s last working day of the month between 9.15 and 15.00.

[dx100uk]

On 14/01/2022 at 11:55, smooth said:

Dated 12 January 2022

 

On 14/01/2022 at 11:55, smooth said:

IT IS ORDERED THAT

 

The Claimant must file the Directions Questionnaire with the CBC on or before 7 days from service of this

Order

they can't count then....

[AndyOrch]

So they now have until 24th Feb...on the last order it was 7 days from 12 January 2022 ?  44 days  ...Ive heard of leniency but that's pushing the limit  

[smooth]

Ye no idea, very strange. haha

 

Is it best I leave it for now or should I ring back and try and get it struck as per the above? 

 

Thanks 

[AndyOrch]

I would wait until the 24th or just after and ring again and quote my post #54...I would also inquire how did 7 days turn into 44 ?

 

You don't have to make an application to enforce the court directions.

 

 

.

[smooth]

Hi all, 

 

just an update - I went away on holiday on the 21st Jan for 2 weeks and I never managed to ring the court after that initial phone call. Today I received the below letter in the post - 

 

Notice of transfer of proceedings 

 

To all parties
This claim has been transferred to the below County Court Hearing Centre for allocation. On receipt, the file
will be referred to a procedural judge who will allocate the claim to track and give case management directions.
Details of the judge's directions will be sent to you in a notice of allocation.
If you would like any further information you can contact the local County Court Hearing Centre directly but
please await the Judge's directions

 

does the above mean the claim is proceeding as normal etc?
 

thanks 

[FTMDave]

Yes, it does.

 

Which court is quoted?  Yours or Centrica's?

[smooth]

that’s a shame, I’m assuming they must have submitted that document in the end.. what should I expect to happen from this point?

 

my local court is quoted, does that have any reflection on the proceedings etc? 
 

thanks 
 

 

[FTMDave]

As it's at your court, if the hearing is in person rather than on-line Centrica will be stuck with all the hassle of travelling.

 

What will now happen is what is stated in the letter from the court -

2 hours ago, smooth said:

Details of the judge's directions will be sent to you in a notice of allocation.

If you read any thread with "claimform" in the title you can gen up on the different stages of the court procedure.

[smooth]

Ok thanks! Will update thread accordingly 

[smooth]

I have a couple questions if you don’t mind - 

 

Is it still likely I’ll end up with a CCJ at the end of this process, going off how it’s unfolded so far?

 

The CCJ will affect mine and my partners borrowing power when it comes to

obtaining a mortgage, I don’t know if judges generally take external factors like this into account. 
 

Is there a possibility the judge can rule in my favour?

 

if the judge does rule in favour of Centrica is there a chance he agrees I shouldn’t be liable to pay the full balance and only 50% for example? It’s a lot of money for someone in my situation especially considering I didn't willingly take on the debt  
 

Quite stressful as you can imagine, thought it was over with due them not sending the court the correct documents in time the other month  

[dx100uk]

Read 10's of claim form threads

all your above will be answered .

 

 

 

[smooth]

so I received another letter in the post today stating the following - 

 

IT IS ORDERED THAT

1. The case be stayed for 1 month.

Dated 28 February 2022

 

claim info etc was at the top of the letter 

 

Does anyone know what that could mean? 

 

Thanks

[AndyOrch]

Means the claimant submitted their DQ by the stated time ordered and they have possibly  requested the claim be stayed for 1 month.

Did they not serve a copy of their DQ to you ?

 

Having said that it is strange considering your post # 60.

 

Quote

To all parties
This claim has been transferred to the below County Court Hearing Centre for allocation. On receipt, the file
will be referred to a procedural judge who will allocate the claim to track and give case management directions.
Details of the judge's directions will be sent to you in a notice of allocation.

 

But then again everything about this claim is strange in the way the court is processing it 

 

 

.

[dx100uk]

the judge has stayed things for one month.

 

 

[AndyOrch]

4 minutes ago, dx100uk said:

the judge has stayed things for one month.

 

 

 

Only the parties can request a stay in Fast Track

[smooth]

no, I haven't received anything else except for what I have posted thus far - I will update the thread as soon as I get another letter 

 

hopefully the strange parts of said claim work in my favour haha 

 

On 04/03/2022 at 13:28, smooth said:

so I received another letter in the post today stating the following - 

 

IT IS ORDERED THAT

1. The case be stayed for 1 month.

Dated 28 February 2022

 

claim info etc was at the top of the letter 

 

Does anyone know what that could mean? 

 

Thanks

just to add to this after the current responses i don't know if it has any more relevance but this was headed above - 

 

Before District Judge Morgan sitting at the County Court at ******, ***** Civil Justice Centre, ***********.

[smooth]

Hi everyone I received the below today in the post - 

 

what should I expect / get ready or any advice would be appreciated. Thanks  

 

TAKE NOTICE that the Directions and Allocation Hearing will take place on

19 May 2022 at 3:00 PM

at the County Court at **********

 

30 minutes has been allowed for the Hearing

 

IMPORTANT NOTICE

 

Your hearing will be conducted by telephone conference and the court will arrange this conference via BT

MeetMe. You will need to dial into the hearing. An invitation with the telephone number and your pin code will

be sent to you closer to the time of your hearing.

 

If you haven't done so already, please provide the court with your email address as the invitation will be sent

electronically.

You need to do this by post or email:

 

 

Please Note: This case may be released to another Judge, possibly at a different Court

The court office at the County *****

[AndyOrch]

Standard procedure when a party requests a stay ...the hearing will be to discuss directions and allocation....nothing for you to prepare 

[smooth]

ok thanks! nothing to worry about right now then. I am going to be out of the country on that date and have spoken to the court to get it re-arranged need to email them over evidence etc 

 

wish all this was over with.. it's been dragged on for so long now!  

[AndyOrch]

Quote

need to email them over evidence etc 

 

What for ?  Its an Allocation hearing.....nothing in your above post about submitting evidence.

 

 

[smooth]

apologies, regarding my flight information to prove I'm not in the country on that date. 

 

very helpful response from the court - 

 

Civil Procedure Rule 39.8 makes clear that unless there is a compelling reason not to do so (in which event such reason must be clearly stated), any communication with the court must be disclosed to, and if in writing copied to, the other party or parties or their representatives.

 

In addition, any written communication sent to court must say that it has been copied to the other party or parties or their representatives and state their identity.  AS YOU HAVE NOT COMPLIED with this requirement your correspondence will not be considered by the court at this stage.

 

If seeking adjournment, you should initially ask the other party whether they consent, and let the court know what they say. 

 If you wish the court to consider your communication, please comply with the above Rule and resubmit your correspondence.

 

 

[AndyOrch]

Quite correct with regards to the actual trial hearing.......yours is an Allocation and Directions hearing (Case Management Conference) to determine how the claim will proceed.

 

Any party that requests a month stay in the process for no good reason and no attempt to mediate during that month will always face the above hearing...the court intervenes and sets the narrative.

 

 

 

.