The National Bank of Ras Al Khaimah/IDRWW Courtclaim - old UAE Loan/CC

[Imnotthere]

All noted Andy thanks.

 

Do I need to respond to rejecting their DD at this stage or simply wait for their SJ SO application.

 

In relation to their CPR reply, any action suggested at this stage?

[AndyOrch]

Their intent on making the application you will note is stayed along with the claim...they advised yes to mediation then declined the month stay...so what their intentions are is anyone's guess.

 

I would envisage that if they do make application it would be heard at the same time as a Case Management Conference in which the court confirms directions for the trial.Their draft directions appear to be standard although the court will have some input to firm them up.

 

Making a CPR 31.14 request in this kind of claim is really cosmetic.....and for your benefit when you come to draft your witness statement.....you will add that to their none compliance with Pre Action Protocol....which they indicate they have complied with on the DQ .....you can see the response you have...not that you would of expected anything different.

 

So you wait now.....you will receive either a General Order re Case Management Conference or the Notice of Allocation (N157) which stipulates the directions and dates that both parties must comply by.....in the meantime keep your eye open for them actually making an application for SJ/SO.

 

No need to offer response to the DD or CPR. 

[Imnotthere]

Thanks for clarifying Andy, much appreciated again

[Imnotthere]

So as predicted @Andyorch I have received a copy of an application for a SJ along with a notice from slough court for with a hearing date of May next year in relation to the SJ application.

 

Haven’t had a proper read through yet as the submission is probably equal to a ream of A4. It contains a witness statement,

copies of the same docs submitted with the claim, a generic document from an expert (not related specifically to my case) regarding UAE law- will scan and upload for comments 

 

I have had no correspondence regarding the original claim via CCMCC other than it had been transferred to Slough for review to allocate track etc 

[AndyOrch]

Scan redact and upload a copy of their N244 and statement in support along with exhibits referred to within their statement.

Given that they informed you that the hearing will take place next May....the main claim will remain stayed until such time.

 

Andy

[Imnotthere]

Enclosed @Andyorch I haven't included duplicates such as the application forms, statements etc.- Have included the expert report they with to rely on for info

SJ Application Redacted.pdf

Edited October 17, 2020 by Imnotthere

[dx100uk]

very quick notes..

point 24 is very important

 

25 a.if every set of t&c's that were ever produce were enforceable. they'd have been no bank charges or ppi reclaiming...

utter tosh to state such.

 

a lot is said about this so called 'experts' evidence and he won't ever appear and they say they've basically nicked it all without his permission.

 

all hearsay and IMHO should no be allowed.

 

 

 

 

[AndyOrch]

Have you received your Notice of Allocation N155 ?  or has the court delayed it given they expressed intention to make application for SJ ?

 

You need to verify with the court that this so called expert witness has been approved and allowed by the court...normally the court would write to you (Courts Directions) the defendant to confirm that you are are in agreement for said expert to be a witness.......if its not been approved then 98% of that statement in support for SJ is superfluous and irrelevant.

 

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

 

Andy 

[Imnotthere]

I haven’t had an N155 Andy or any documentation to confirm a delay. Last correspondence was as to say that the claim had been transferred to Slough to determine track & directions.

 

(slough is not my local court, I expected a transfer to my local court as requested in the DQ)

 

So should I write to the court to confirm that they have allowed the expert, or await N155?

 

 

[AndyOrch]

Okay ....that will be for a Case Management Conference....have you got a hearing date yet ?  And I assume you have not got a hearing date for their SJ application?

 

The CMC should be held at your local county court...inquire with Slough why it isnt.

[Imnotthere]

No date for a hearing for CMC no Andy

 

Date of next May @ Slough re the SJ application 

[Imnotthere]

I can scan the court docs received with SJ and upload if that would be helpful 

[AndyOrch]

Yes please when you get chance...fully redacted of course.

[Imnotthere]

So there isn’t much to read Andy 

 

it says

 

upon transfer from the CCMCC

 

and 

 

After reading the claimants application for SJ

 

 without notice it is ordered that

 

attend a hearing on this date

 

I have re checked and I have had no other docs from the court since the letter re the transfer to decide track and directions.

 

feels like a step has been missed or skipped for some reason?

Edited October 19, 2020 by Imnotthere

[AndyOrch]

No ...its quite normal in this track to order a CMC...more so when the claimant has made application for this course of action pre allocation.

They may use the hearing to deal with both points.......but you have plenty of time to prepare.

 

In the meantime I would sort out the hearing venue and get it changed to your local county court ...all hearings are at the Litigants in person defendants local CC...not the claimants.

[Imnotthere]

Ok, makes sense - thanks for clarifying.

 

Is there an official process regarding changing the venue, or just a matter of writing / calling?

[AndyOrch]

The court will probably tell you to submit an application.....but that involves a fee of £100...its their error so you shouldn't be required to.

Because your DQ has not been processed ...its simply been overlooked and placed at the claimants venue.....which is incorrect..speak to the court.

[honeybee13]

Thread reopened.

 

HB

[Imnotthere]

On 19/10/2020 at 12:20, Andyorch said:

Have you received your Notice of Allocation N155 ?  or has the court delayed it given they expressed intention to make application for SJ ?

 

You need to verify with the court that this so called expert witness has been approved and allowed by the court...normally the court would write to you (Courts Directions) the defendant to confirm that you are are in agreement for said expert to be a witness.......if its not been approved then 98% of that statement in support for SJ is superfluous and irrelevant.

 

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

 

Andy 

Morning Andy,

 

Regarding the inclusion of the Expert witness- See justification from the witness statement, trying to backdoor the "expert witness" without permission?

 

 

 

[AndyOrch]

What if anything has transpired since last year..?

[Imnotthere]

Nothing new Andy, Just getting ready for the SJ hearing scheduled for next month

[AndyOrch]

They can only call on an Expert Witness if they stated and requested permission to use one within their Directions Questionnaire......did they tick the appropriate box on their DQ ?

[Imnotthere]

Yes, it’s in their DQ Andy.

 

However, nothing has happened with the DQ so far, due to their SJ application pausing that process? (As I understood from previous comments in the thread)

 

This expert report is incorporated into & referenced in their witness statement relating to their SJ application. The scan I posted is their justification for its inclusion.

 

I have not agreed to allow the expert witness, I have asked the court if they have, and requested to move the venue to my local court, no response to date.

 

The auto reply stated that they will not review any correspondence relating to non urgent cases until 2 weeks before the hearing date .

 

 

[AndyOrch]

Yes an application for SJ will pause the main process.....and take priority or sometimes the application can be heard at the same time a CMC is held to discuss the main proceedings.

 

You wont know if the claimants have been granted permission to use an E W that is between the claimant and the court...your agreement will only come into play if you agree with the findings of said expert.....not whether you agree they can use one.....

 

Re venue you must push and insist that the hearing is held at your local county court as you are the LIP....and that's for both...SJ application and main hearing assuming they fail to get SJ.

 

Andy

[Imnotthere]

Thanks for this Andy, 

To clarify,  at what point should I make it known that I disagree / Agree with the experts findings? And I assume, state reasons why?

 

I should also say that the EW report they have enclosed with their SJ application is generic document and it is stated in their WS that it is not written specifically for this case