Bryan Carter Lowell County Court Form

Vicxie

Just before i head out, is it correct i can reduce the number of days to provide the proof it documents and the cpr.31 to 3days if i wish it? Or is it standard law to give them 7 days? I found a copy of a defence i could enter online here http://www.legalbeagles.info/forums/showthread.php?25753-Bryan-Carter-court-papers

Sorry to be a pain but can i send the proof it letter first and then send the cpr.31 on wednesday? or just post them both together?

Should i wait a week before entering my defence to see if Bryan sends me anything?

Thanks for all the help so far

spacey2012

I would enter your defence as quickly as you have it ready, this gives the best chance of them withdrawing the claim.
If you do not owe it and have never had any goods from these people, I would not delay, I would also take some of the pre-directions stuff with a pinch of salt, the judge will allow them an apology for failing but want to know why ypu failed to demand disclosure.
You are the defendant here, the judge usually sets of in the other sides favour and you have to convince otherwise.

Ignore the Embarrassed defence as well, that only works if they have no evidence disclosed.

Vicxie

spacey2012 wrote: »

I would enter your defence as quickly as you have it ready, this gives the best chance of them withdrawing the claim.
If you do not owe it and have never had any goods from these people, I would not delay, I would also take some of the pre-directions stuff with a pinch of salt, the judge will allow them an apology for failing but want to know why ypu failed to demand disclosure.
You are the defendant here, the judge usually sets of in the other sides favour and you have to convince otherwise.

Ignore the Embarrassed defence as well, that only works if they have no evidence disclosed.

Can i use that defence document even though i have only sent the proof it today? the cpr.31 is the document that would have been demanding full disclosure, right?

spacey2012

Yes file the CPR 31 ASAP, this makes an order for disclosure, if they ignore it the case will be heard on what is on the initial claim form only.
Which is a load of hot air.

I do feel you should be looking at a counter claim, what with going to the doctors for stress and all that.

sourcrates

OP can you keep us updated as to the outcome please, good luck with it.:)

rizla_king

If I remember correctly if they fail to comply with the CPR requests, then you have to apply to the court a stay or strike out of proceedings. The court won't do that out of their own initiative.

Vicxie

spacey2012 wrote: »

Yes file the CPR 31 ASAP, this makes an order for disclosure, if they ignore it the case will be heard on what is on the initial claim form only.
Which is a load of hot air.

I do feel you should be looking at a counter claim, what with going to the doctors for stress and all that.

I just need to clarify that i can indeed ask that documents be provided within 3 days instead of 7?

Vicxie

sourcrates wrote: »

OP can you keep us updated as to the outcome please, good luck with it.:)

Definitely. I have had more help than i could have imagined and for free. If my outcome is good, then i hope i can use the updates to help someone else.

rizla_king

They are allowed 7 days under CPR so you can't shorten that as far as I know.

IainHL

Vicxie wrote: »

I just need to clarify that i can indeed ask that documents be provided within 3 days instead of 7?

Give them the 7 days. You have 28 in which to file your defence, so there really is no need to rush to get it done right now. Especially as seems most likely you will be asking the court for an agreed (with the claimants) extension to the filing of your defence, or filing an application to have their claim struck out, since they won't be able to provide you with the documents in time.

The claim will be transferred to your local court after the Allocation Questionnaire stage, which come after you have filed your defence, if it gets that far.

Oh, and it really is a good idea to open your post even if it appears to be junk!