Winderbray/JCF PM/PCB Lawers Claimform - Service charge arrears - Refused Payment Plan - Now N244 for SJ+Strike Out.

[lolerz]

Declare anything you think you might need in your witness statements or have already referred to really.

 

IMO as called to strict proof in your defence the S20 notices are for the claimant to provide

[1penny]

Ok so I should also list the e-mail communication where we offered the £400 per month  as a payment plan ?

Just need some help to complete the N265 as I don't think that all of the parts are relevant for a defendant ?

Do we send our N265 forms (mine and partners) to just the claimants solicitors ? As mentioned the claimants draft directions stipulate that by 4pm on 16 May the parties must each give standard disclosure of documents by way of list by category. I read this as just to the solicitors and nothing to send to the court.

We are still yet to hear from the court, but assume we would reference our local court on the N265 ?

I want to try to send this today or if not tomorrow latest.

I am a bit restricted as to what I can do in the office so apologies for all of the questions. Just anxious to meet the claimants deadline as per their draft directions.

 

[AndyOrch]

If the section 20 notice was served correctly and valid and is not part of the claimant's claim or particulars then I dont see a need to disclose it.

Unless its directly connected to the arrears occurring then I see little point or argument. 

With regards to the N265 its mostly designed for the claimant and you as litigant defendant should only need to complete the box after the signatures box.(page 3)

Simply number and list the docs , you can if you have referred to them as exhibits in your statement with numbers you have marked them as IE Exhib 1a 1b etc etc

Return to the claimants sol by date and retain a copy for your bundle for the court and one for your file.

 

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[1penny]

Ok many thanks.

We haven't yet finished the Witness Statement as that is still work in progres.

So for the N265 that we will send I list it like this : 

Exibit 1a. Last page attached to claimants N181 Direction Questionnaire) - Pre-action protocols  - Dated 16/04/2024

Exibit 1b. Copy of the Lease - Dated 4th September 1998

Exibit 1c. Statement of account - Dated 20/02/2024

Exibit 1d. CPR 31.14 Request - Dated 28/02/2024

Above I think are the only documents we can list unless you think that we should include any e-mails ? When it comes to our witness statement I will use the same numbering.

We list these where it says "I have control of the documents numbered and listed here. I do not object to you inspecting them/producing copies" ?

Do we sign (print name) and date in the boxes on page 2 ?

On page 1 in the box on the right do we put "in the" (name of our local court) ? And we would tick Defendant under where it says Disclosure Statement ?

Apologies if stupid questions but not done one of these before.

I will look to post this first thing tomorrow if what I have put is ok ?

We will each send our own copy to the claimants solicitors.

 

 

 

[AndyOrch]

3 minutes ago, 1penny said:

Above I think are the only documents we can list unless you think that we should include any e-mails ? When it comes to our witness statement I will use the same numbering. Only if you have mentioned emails in the defence/statement

We list these where it says "I have control of the documents numbered and listed here. I do not object to you inspecting them/producing copies" ? Correct

Do we sign (print name) and date in the boxes on page 2 ?  Yes (Claimant)(Defendant)(’s litigation friend) Line through the obvious

On page 1 in the box on the right do we put "in the" (name of our local court) ? Yes if its been confirmed And we would tick Defendant under where it says Disclosure Statement ? Yes the defendant box, as you are the defendant to the claim 

 

[1penny]

Ok many thanks.

I can see in MCOL which court it was transferred to but no communication/confirmation from that court yet. I will use the one that it has been transferred to as per MCOL which is our local one.

I haven't mentioned any e-mails in the defence so will not add any to the list. I note the claimant solicitors references e-mails in their Continuation Sheet to their N244 application.

If you think it is ok I will complete the N265 as mentioned in my post #204, and will send in the post tomorrow guaranteed next day 1st class with proof of postage.

Is there any need for a covering letter or just send the N265 on its own ?

We haven't received the N265 from the claimant solicitors yet.

Thanks again for help and guidance and apologies for my questions about the filling of this form. Just anxious and was panicking a bit as work is so busy and I don't get much time.

 

 

 

[AndyOrch]

8 minutes ago, 1penny said:

We haven't received the N265 from the claimant solicitors yet.

Then wait with yours until you do but no harm in sending your first.

Simply attach a covering letter stating " as per your directions dated xxxxxx claim number we hereby enclose our disclosure list N256 for your attention and look forward to receiving same by return

[1penny]

 Ah ok

I will see if we receive it in the post tomorrow before I go to work. We want to see theirs so we know what documents they will list ?

If their N265 is not received then best to send ours so that we do not miss the claimants deadline as per their draft directions. 

What would happen if we did miss the deadline even by 1 day ? The claimant would use it against us in court ? 

I scanned and posted in #159 the claimants continuation sheet attached to the N244 where they give a background of the case and reference e-mails etc.

After this I will continue to work on the WS which is also causing me anxiety. This will also be used to object to their SJ application.

I will advise tomorrow if anything else is received.

 

[AndyOrch]

16 hours ago, 1penny said:

We want to see theirs so we know what documents they will list ? Now you are learning 

If their N265 is not received then best to send ours so that we do not miss the claimants deadline as per their draft directions. 

What would happen if we did miss the deadline even by 1 day ? The claimant would use it against us in court ? Nothing in reality as they will have also missed their own deadline if not received today. 2/3 days late is irrelevant

Andy

[1penny]

Hello AndyOrch

The postman has just been and nothing has been received.

Do we still proceed to send ours as per the list in post #204 ?

The deadline is 4pm tomorrow 16th May as per the claimants Draft Directions. 

The court still is not confirmed, however we will put our local one which MCOL shows it has been transferred.

The N265 for doesn't allow us to type in the signature box, so should we just print our name or sign with our signature ?

I can send today by 1st class post today with proof of posting or tomorrow could deliver to the solicitors office by hand.

Thanks for your help and assistance

1Penny

[AndyOrch]

No wait.....dont forget the court has still to confirm the directions....a claimant does not set deadlines.

I would wait a few days.

8 minutes ago, 1penny said:

The N265 for doesn't allow us to type in the signature box, so should we just print our name or sign with our signature ?

Yes

[1penny]

Ah ok, in post #188 you mentioned "No the claimant sets the time frame on the directions."

So although the claimant mentioned in their Draft Directions "By 4pm on 16 May 2024 the parties must each give standard disclosure of documents by way of list by category" the court will confirm the Directions and dates, therefore N265 deadline will not be the same as what the claimant stated in their draft and we await further direction by the local court.

Is my understanding correct ? 

 

[AndyOrch]

Yes the draft directions are only pre estimate assuming the courts are fully up to speed...which they are not...you could be waiting months for your N154 Notice of Allocation or Notice of Hearing application.

 

 

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[1penny]

Ok so until we do anything else we will wait until we receive formal confirmation from the court regarding directions.

Will continue to work on a draft WS so we have a base to work on.

I will update as soon as we receive any further communication in the post.

Many thanks 

1Penny