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

[lolerz]

If you haven't heard from the courts you've still got plenty of time

[1penny]

Apologies for lack of updates.

I am still trying to work on the witness statement. I have started but things have been a bit hectic. Hope to have something drafted in due course.

[1penny]

Can I just confirm that our witness statement will also be our objection to the claimants application for summary judgement ?

[lolerz]

In this case, Yes.

Have you heard from the court?

[1penny]

No not yet

[1penny]

I am still working on the WS. I have not been well over the past week I think due to stress. I have drafted some of it but still have a bit to do.

I checked MCOL today as nothing received from the court yet. I can see that claim has been transferred to local court.

I guess our next deadline will be stipulated by the court rather than the claimant ?

When does the chance for mediation happen ? Does the court suggest this ?

[AndyOrch]

If an application such as this is made at the same time as submitting DQs some courts hear both application and normal claim at the the same time.

Some courts will have a separate hearing just for the application.

If the court informs you of the latter you will normally be expected to submit your statement in objection of the application not less than 7 days pre hearing.

If they dont have a separate hearing for the application the application will be dealt with at the normal claim hearing and you will follow directions laid out by the court in your Notice of Allocation N154.

 

 

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[1penny]

Hello AndyOrch

Many thanks for your response.

So for now carry on working on the WS and await further direction from the court.

Will the hearing still be some time away ?

Have been feeling anxious and stressed.

[AndyOrch]

Not anytime soon I expect with the state of the courts. So yes you are either waiting for you Notice of Allocation N154 or Notice of Hearing for their application. (SJ/SO)

 

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[1penny]

Ok many thanks.Will try to do some more work on the WS this week. I have drafted some of the points. I have more of the main part left to do.

As soon as I have a draft ready I will post it up. Have had some set backs which have put me behind.

When the claimant sent their draft directions they mention that "By 4pm on 16 May 2024 the parties must each give standard disclosure of documents by way of list by category. 

Do I wait until we receive notice from the court i.e only action directions sent by the court ?

When would the mediation process start ? Would the court suggest that we do this first ?

Apologies for these questions and Thanks for help and support.

 

 

[AndyOrch]

On 12/04/2024 at 09:55, 1penny said:

A1 Yes to wanting to attempt to settle ? (mediation) ?

Do you want a 1mth stay No

Quote

When would the mediation process start ? Would the court suggest that we do this first ?

Neither party have agreed to settle...there is no offer of mediation in Fast Track parties have to pay if they want a mediator.

[1penny]

Ok so the court will order mediation ?

[AndyOrch]

14 minutes ago, 1penny said:

Do I wait until we receive notice from the court i.e only action directions sent by the court ?

No the claimant sets the time frame on the directions.

Just now, 1penny said:

Ok so the court will order mediation ?

See my post above

[1penny]

Ok so the deadline of 16th May what do I need to do ?

"By 4pm on 16 May 2024 the parties must each give standard disclosure of documents by way of list by category"

Sorry I am confused and very stressed now. 

 

[1penny]

The draft directions are in post #149.

Really would appreciate guidance as to what we need to do.

Many thanks.

[AndyOrch]

You prepare a list and list any document/s you have referred to in either your Defence or intend to use in your draft statement as an exhibit and list them numbered and dated and titled..

Any document that is not on that list can not be used as evidence or relied upon to support your defence.

 

 

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[AndyOrch]

Ideally you should use the following.

https://www.gov.uk/government/publications/form-n265-list-of-documents-standard-disclosure

 

[1penny]

Ok many thanks and we need to meet the 16th May deadline ?

I send this to the claimant and which court (as we haven't heard from the court yet) ?

I will look at this tonight as I am really restricted at work. Could I post up a draft for you to look at ?

Really appreciate any help as feeling very anxious.

 

 

[AndyOrch]

3 hours ago, 1penny said:

I checked MCOL today as nothing received from the court yet. I can see that claim has been transferred to local court.

 

1 minute ago, 1penny said:

Ok many thanks and we need to meet the 16th May deadline ?

Absolutely otherwise you will not be allowed to rely on written evidence. 

[1penny]

Ok thanks.I am glad I asked as have been waiting to hear from the court.

I will look at the form n265 tonight and will post up before sending.

Could you kindly give me guidance based on my defence in terms of what I should include.

 

[AndyOrch]

Here is a copy of what the court will send Notice of Allocation to Fast Track n154 which will contain the confirmed directions with dates.

https://assets.publishing.service.gov.uk/media/5aa6b580e5274a3e391e3b0e/n154-eng.pdf

[1penny]

Hello AndyOrch

For the n265 please would the below list of documents be sufficient ?

1. Pre-Action protocols. Claimant confirmation that they have not complied or have only partially complied (last page of claimants N181 Direction Questionnaire) Dated 16/04/2024

2. Copy of the Lease - Dated 4th September 1998

3. Statement of account (up to 1st Feb 2024) - Dated 20/02/2024

(This shows a slightly different balance to the one included in the Claim form as theirs was only up to 24th Jan 2024)

4. CPR 31.14 Request - Dated 28/02/2024

 

With regards to the Claimants claim for interest under Section 69 of the County Courts Act 1984 where the amount is incorrectly calculated due to the account balance and also appears to be duplicated, should I list their POC ?

Additionally should I include any e-mail exchanges (I don't have all as some went to junk and auto deleted due to an issue with my e-mail account and I was reliant on my phone for seeing e-mails) ? I don't have the last e-mail that was sent prior to the claim being issued. I guess that I can ask the claimant for a copy of this one ?

The claimant has refused to action the CPR 31.14 request. 

Regarding the Section 20 notices relating to the major works, should I include if we have a copy ?

Is there anything else that I should include in the list relevant to our defence ?

Will the claimant send us a similar list via N265 ? They did include a Continuation Sheet with their N244 giving a background of the case. Just wondering how we know all of the documents that they will rely on.

 

As always really appreciate any help and guidance that you can provide.

[AndyOrch]

No hard or fast rules ...if you have referred to it or intend to refer to it and rely on a document as evidence it goes on the list as an exhibit.

13 minutes ago, 1penny said:

With regards to the Claimants claim for interest under Section 69 of the County Courts Act 1984 where the amount is incorrectly calculated due to the account balance and also appears to be duplicated, should I list their POC ?

No you can raise that within your statement but remember that sec 69 is at the discretion of the court a judge may allow the full amount claimed or reduce it to a lower % or none at all.

Yes the claimant must serve their N265 on you...any document on theirs that you do not have you can request a copy and then use in your statement.

17 minutes ago, 1penny said:

Regarding the Section 20 notices relating to the major works, should I include if we have a copy ?

Will it assist your defence ?

[1penny]

Ok not sure regarding the section 20 notices helping.In the defence we have put the claimant under strict proof that the monies were legally demanded by way of section 20 notices so more on them to provide ?

Are the 4 documents that I have listed sufficient do you think ? They are in line with the defence.

How should the wording be when I list them on the N265 ?

In terms of completing the form we fill in the claim details. We don't know for sure the court as we haven't heard from the court yet.

We only have draft directions from the claimant.

 

[1penny]

Also do we send our N265 forms just to the claimants solicitors ?