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

[1penny]

Hi dx

In the claimants N181 form section I1 they mention that they intend to make an application for summary judgement.

[lolerz]

Just because they intend to make an application doesn't mean they'll get it.
 

[1penny]

Ok understood.

I will post up if anything comes in the post next week. 

In the meantime is there anything that we need to do / prepare ?

Our next deadline is 16th May.

[lolerz]

you should hear from the court with an allocation to track and what the next steps are.

[jk2054]

can you post their N181 please

[1penny]

Claimant N181.pdf

Attached is the claimants N181

[lolerz]

Even the solicitors admit they haven't complied with the pre-action protocol.

I don't think the defence for non-compliance being "The defendant knows what the case is about" will wash.
 

The likelihood of them getting a summary judgement without complying to pre-action protocols (and admitting as such) is very low.

Looks like they're happy for mediation also.

 

[1penny]

I will provide an update once I receive any further letters regarding application for SJ, and will post up any redacted version.

[1penny]

Today we received a copy of the claimants N244 application for Summary Judgement. I have uploaded a redacted copy.

Outstanding amount is wrong as mentioned before and no mention about the incorrectly caculated and duplicated interest under section 69 within the PoC mentioned in our defence.

Looks like they want our defence struck out.

The claimants solicitor asks us to acknowledge safe receipt.

The envelope was already open when it arrived (I guess was not stuck down properly).

N244 application for summary judgement.pdf

[dx100uk]

we also need aLL the exhibits too. please.

you dont respond to them no.

thread title updated.

[lolerz]

Of course they want your defence struck out, you're causing them a problem and making them do actual work! These solicitors (across the industry) don't actually expect you to defend and their entire timescales sold to their clients don't even mention if someone defends a claim. It's why they think they don't have to abide by the Pre Action Protocols etc 

I agree with dx that you don't respond.

Your arguments in mediation and witness statements will be that you offered a reasonable and costed payment plan to clear the arrears and it was refused. You're also not sure that the correct procedure (re: Section 20 notices) were correctly followed and that the claimants solicitors refused to provide any details of this.

[1penny]

They haven't supplied us with any exhibits mentioned in their application.

Also the CPR 31.14 request is outstanding.

[1penny]

So now we wait for further direction from the court ?

Again many thanks all for your continued help and support.

[lolerz]

There'll still be a court hearing for a summary judgment, it'll just be a lot simpler.

You'll also both have to put your positions to the court which may be an advantage if summary judgment is denied.

However they're yet to send an N244 form and actually make the application (which will need to include the named exhibits) so nothing more than bluster to throw you off at this stage.

Is that all that was in the bundle, was there no court application forms etc?

[1penny]

Apologies I didn't upload the actual N244. Here it is.

Definitely no exhibits included in the bundle received today in the post.Just what I have uploaded in post 159 N244.pdfminus covering letter.

[lolerz]

That changes things.

You'll likely have to write to the court objecting to the application.

You'll have to start drafting a Witness Statement. We'll need to make sure it shows that the issues are complex enough that it's obvious that it can't be decided in a summary judgment hearing.

The courts will be able to confirm this, obviously don't respond to the solicitor.

@AndyOrch will likely be able to advise on nitty gritty details for the courts.

[1penny]

Ok understood.

I will probably need help with this please.

I am just about to go to work so might not be abld to go online again until later or tomorrow.

[lolerz]

your witness statement will be your detailed defence.

Similar points to what you said in your defence but you'll need to reference evidence (exhibits) and go in to A LOT more detail.

Start drafting one up and we can help you tweak it etc.

You've got plenty time yet

[AndyOrch]

When you get chance a copy of the draft order attached to n244.

Have they not attached a WS in support of their Application ?

Andy

[lolerz]

Post 160, Andy.

[1penny]

I will read up on Witness Statements this week and look at some examples to understand the structure.

I will attempt to draft one over the weekend but would appreciate any help or guidance.

[1penny]

@AndyOrch - The claimants draft order attched to their N244 is in post #159.

No exhibits were provided in our  copy.

[1penny]

Hoping to start working on this today.I think I still have plenty of time ?

Nothing further has been received in the post yet.

Unfortunately my mother had a fall on Friday so had to be with her over the weekend but coming home later.

Have been looking at Witness Statement examples but can't find any examples similar to our situation.

I will post something up as soon as I can but might be a bit delayed.

Appreciate any help and guidance.

 

 

[lolerz]

Use the initial defence as a basis.

Go into much more detail about them and include examples and provide evidence re:

failing to issue PAPLOC/abide by PAP (By their admission on directions questionnaire)

abuse of court process by double charging interest

how the arrears were built up (Multiple Major Works in a short period, not sure if S20 was followed etc)

refusal of a payment plan

without admission of liability, payments were still being made

they've been unwilling to prove their allegation that the money was owed and instead wish to strike out your defence.

Essentially you want to argue why the court claim should never have been raised in the first place, or at least that the issues are so complex that it can't be decided via summary judgment.

[1penny]

Hi Lolerz

Many thanks for your guidance. That gives me a base to work on.

In terms of time we still have plenty ?

I want to spend a bit of time on this ove the coming days.