Centrica/CST claimform - Industrial Training Bond

[AndyOrch]

 

[AndyOrch]

So you need to complete the DQ and get that filed and served.

 

A. Settlement (I assume you have no desire to offer any settlement so tick no at 1.) 

at 3 state your briefest reason as to why you don't wish to settle and is inappropriate and why you have defended the claim.

 

B. B2  Yes you are litigant and it must be heard in your local county court.

 

C. Not applicable to you the defendant

 

D. D1 No

    D2  N/A

    D3  N/A

    D4  N/A

 

E.  No

 

F. 1 yourself

 

G.  Less than 1 day 3 hours

 

H. N/A

 

I.  No

 

J. The claimants will set the Directions and you can agree or disagree

 

Sign and date the courts copy and provide email contact (not the claimants copy just date)

 

 

 

Andy

 

 

 

 

[AndyOrch]

B. B2 - ‘yes’ I am unsure what I write in the box below? Do I write ‘I am litigant and it must be heard in my local county court.’ It asks which court also?  State your Local county Court name if you know it

 

C - leave blank?  Yes that's for the claimant

 

F - Myself, do I need to state anything in the witness to which facts box next to it?  No just you your name

 

J - leave blank? Yes the claimant will post its directions to you later for approval and agreement

 

 

With regards to your comments for A3 ...this is not another opportunity to state a defence...just a simple explanation as to why you cant agree to mediation

[AndyOrch]

Did you state an amount within the part admittance (N9b) ?  On your N9a did you tick 1 or 2 (Defend all Defend part ) ?

I assume your response was on line but refer to the forms below.

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/772450/n9-eng.pdf

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/866787/N9B_web_0818_save.pdf

 

 

 

.

[AndyOrch]

Okay thanks.....Im not sure whether your admitted amount has been picked up ...if it had I would have thought the court or claimant would have informed you by now.

 

With regards to the claimant's directions that's standard for Fast Track.....I'm not sure the court will agree to Small Claims Track...but if you agree and inform the claimant you agree with the directions then it may be possible if the claim is not complicated.

 

Andy.

 

 

 

.

[AndyOrch]

Send your agreement to the Directions with their copy of your N181 which I assume you will be filling shortly ?

[AndyOrch]

Quote

Do I just simply reply to CST's email confirming I agree? 

 

Yes

 

[AndyOrch]

Possibly the other users are not as active as you in updating 

[AndyOrch]

For the claimant not you......sillyboy solicitor has not filed his DQ as of yet...ring the court next Tues and check if they filed...if not request the claim be struck out as per the above order.

 

Andy

[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

[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  

[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.

 

 

.

[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 

 

 

.

[AndyOrch]

4 minutes ago, dx100uk said:

the judge has stayed things for one month.

 

 

 

Only the parties can request a stay in Fast Track

[AndyOrch]

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

[AndyOrch]

Quote

need to email them over evidence etc 

 

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

 

 

[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.

 

 

 

.

[AndyOrch]

Inform the court that you will not be available as you have already stated....I doubt that there will be much that you can add to the hearing as defendant and let the court set the agenda and allocation. 

[AndyOrch]

Email solicitor is CST Law and state that the upcoming hearing teleconference dated xxxxxx  you are not able to to attend due to a prearranged  engagement and request their agreement to an adjournment. You respectfully seek that that they would agree to this and ask them to confirm in writing/email to the court they are in agreement and ask them to copy you in on said request.

 

You should also send a similar request to the court and inform them that you have asked the claimants if they are in agreement and have asked them to inform the court same.

[AndyOrch]

Afraid so 

[AndyOrch]

Does the hearing require a witness statement submitting in advance ?  Did the court order that statements be submitted ?

[AndyOrch]

Well I would make some notes if there is anything in that statement that you find untrue or misleading to the court in preparation of the Tele Hearing.

 

 

 

.

[AndyOrch]

On 05/05/2022 at 13:45, Andyorch said:

Well I would make some notes if there is anything in that statement that you find untrue or misleading to the court in preparation of the Tele Hearing.

 

 

 

.

 

[AndyOrch]

If I may just remind you this is a Directions Allocations hearing...not the actual trial hearing. The court has not order either party to submit any paperwork as yet.

 

 

.

[AndyOrch]

On 09/05/2022 at 13:05, Andyorch said:

If I may just remind you this is a Directions Allocations hearing...not the actual trial hearing. The court has not order either party to submit any paperwork as yet.

 

 

.

I would at the very least inform the court you cant attend.