County Court Claim Form received : Claimant is SIP

SpaceCowboy55

What happens with a complaint to DVLA ? Is there any action? Is that something I should be doing as NTK was out of time?

I rang the court and asked about Disclosure Order and what the process is and didn't get a definitive answer - I was told to wait until I get the paperwork from the court. ( I have submitted N180 and letters as above )

Does anyone have any better information or idea? I've tried googling it and I've tried to read the Court Direction but not reached a conclusion. A Disclosure Order doesn't seem to be a formal court document with a reference number.

Coupon-mad

I read an update on a thread today (on here I think) where a poster had been told by the judge they had to pay £80 for a disclosure order.

:eek:

As for the DVLA and BPA complaints, remind me have you already complained? Not yet heard back?

SpaceCowboy55

Coupon-mad wrote: »

I read an update on a thread today (on here I think) where a poster had been told by the judge they had to pay £80 for a disclosure order.

I found what you refer to - almost looks like it could be the PPC saying £80 charge - not the court ... Not worth paying that

:eek:

As for the DVLA and BPA complaints, remind me have you already complained? Not yet heard back?

I have complained to BPA and sent chaser but not heard back. I haven't done a DVLA complaint.

SpaceCowboy55

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31#31.3

covers Disclosure - and what it says is

"This Part applies to all claims except a claim on the small claims track." - so how on Small Claims track do you get Claimant to produce a document you need for your defence?

Coupon-mad

Not sure, sorry. This was the thread where serenity was told a disclosure order is £80:

https://forums.moneysavingexpert.com/discussion/4808754

I suppose all you can do is work your objections to what they have not disclosed, into your full defence if and when a hearing proceeds. And as I said to serenity, write to them and rattle their cage (although I know SIP are ignoring your letters).

zzzLazyDaisy

SpaceCowboy55 wrote: »

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31#31.3

covers Disclosure - and what it says is

"This Part applies to all claims except a claim on the small claims track." - so how on Small Claims track do you get Claimant to produce a document you need for your defence?

You write to the claimant requesting the documents that are in their possession, custody or control, relating to this case as follows:

Then list the documents

Tip - where PE have referred to documents in correspondence / court documents, but have not provided copies, make this clear, for example:

1 The contract referred to at paragraph 2 of the claimant's letter to the defendant dated xxxx

2 The transcript of the case [name] referred to at para 5 of the claimant's letter to the defendant dated xxxx

3 All documents that the claimant will be relying on to prove its case against the defendant

4 etc

Finish by giving them 14 days to provide the documents requested, failing which you will seek the assistance of the court. Obviously if the court hearing is imminent, you'd give a shorter time limit, but you would always try to give 14 days if possible.

If they don't reply, or don't reply fully, then copy the letter to the court, with a covering letter saying that you have requested these documents, and saying that as the defendant you are entitled to know the case you have to answer so these documents are essential to enable you to prepare for the hearing, and you apologies for burdening the court with this matter but respectfully seek the court's assistance.

You also point out that, had the claimant properly complied with its obligations under the Practice Direction on Pre-action Conduct, these documents should have been provided to you before legal proceedings were started.

I can't explain the £80 charge referred to on the other thread - but I would say, do not be tempted to go on a 'fishing expedition' asking for all sorts of documents just in case they exist or because you just want to make things difficult for the PPC, because that is when the court will respond unfavourably.

Either way, do come back and let us know what happens.

Daisy

SpaceCowboy55

zzzLazyDaisy wrote: »

You write to the claimant requesting the documents that are in their possession, custody or control, relating to this case as follows:

Then list the documents

Tip - where PE have referred to documents in correspondence / court documents, but have not provided copies, make this clear, for example:

1 The contract referred to at paragraph 2 of the claimant's letter to the defendant dated xxxx

2 The transcript of the case [name] referred to at para 5 of the claimant's letter to the defendant dated xxxx

3 All documents that the claimant will be relying on to prove its case against the defendant

4 etc

Finish by giving them 14 days to provide the documents requested, failing which you will seek the assistance of the court. Obviously if the court hearing is imminent, you'd give a shorter time limit, but you would always try to give 14 days if possible.

If they don't reply, or don't reply fully, then copy the letter to the court, with a covering letter saying that you have requested these documents, and saying that as the defendant you are entitled to know the case you have to answer so these documents are essential to enable you to prepare for the hearing, and you apologies for burdening the court with this matter but respectfully seek the court's assistance.

You also point out that, had the claimant properly complied with its obligations under the Practice Direction on Pre-action Conduct, these documents should have been provided to you before legal proceedings were started.

I can't explain the £80 charge referred to on the other thread - but I would say, do not be tempted to go on a 'fishing expedition' asking for all sorts of documents just in case they exist or because you just want to make things difficult for the PPC, because that is when the court will respond unfavourably.

Either way, do come back and let us know what happens.

Daisy

The letter I posted in post #90 which I sent last week most of this but not in a formal manner and that letter was copied to the court with the N180 . I have had no response to that as yet - my previous 2 letters were met with

"We acknowledge receipt of your letter ...

As stated in previous replies , we are unable to address any additional queries you may have via the appeals procedure. If you wish to voice any concerns please do so in your defence and we will respond in due course."

If I get nothing back by the weekend I'll send a letter as suggested.

Its SIP not PE but I get the drift. SIP have not referred to these documents , but I clearly need to understand what their contract is with the landowner.

zzzLazyDaisy

SpaceCowboy55 wrote: »

SIP have not referred to these documents , but I clearly need to understand what their contract is with the landowner.

Do be careful not to get drawn into doing their job for them

By this I mean that once you have put them on notice that you do not accept they have any legal standing to bring a claim against you in their own name because they have no right or interest in the land, and you have put them to strict proof of this, the burden of proof reverts to them to persuade the court that they do in fact have the right to issue proceedings.

So yes, you do want to see the contract, but if they continue to refuse to supply it, you just make sure that the court is aware of their refusal to adduce any evidence that they have legal standing to issue proceedings.

In any case, am I right in remembering that this is an out of time NtK? If so, I think that the time has come to send them a Without Prejudice letter offering them the opportunity to withdraw now, and if they refuse telling them that you will produce the letter to the court in support of an application for your wasted costs as a result of their unreasonable conduct in pursuing a hopeless case.

SpaceCowboy55

zzzLazyDaisy wrote: »

Do be careful not to get drawn into doing their job for them

By this I mean that once you have put them on notice that you do not accept they have any legal standing to bring a claim against you in their own name because they have no right or interest in the land, and you have put them to strict proof of this, the burden of proof reverts to them to persuade the court that they do in fact have the right to issue proceedings.

So yes, you do want to see the contract, but if they continue to refuse to supply it, you just make sure that the court is aware of their refusal to adduce any evidence that they have legal standing to issue proceedings.

In any case, am I right in remembering that this is an out of time NtK? If so, I think that the time has come to send them a Without Prejudice letter offering them the opportunity to withdraw now, and if they refuse telling them that you will produce the letter to the court in support of an application for your wasted costs as a result of their unreasonable conduct in pursuing a hopeless case.

Yes it is out of date NTK . Have you got a template or reference for said letter please?

zzzLazyDaisy

SpaceCowboy55 wrote: »

Yes it is out of date NTK . Have you got a template or reference for said letter please?

I will PM you something tomorrow evening.

Dx