So I'm going to court...

Jhpt

Perfect - thanks again for all your responses as ever.

As yet - received absolutely nothing from anybody. Fingers crossed this continues....

Loadsofchildren123

Have you sent your stuff to them (order says you have to do that by 8 December I think). Make sure you do.
In the hope that they will be disorganised, be vague in the covering letter.
Just say "Dear Sirs,
Please find enclosed my correspondence with the court.
Yours faithfully"
And get a certificate of postage (don't send registered, send it in the normal way but go to the PO and ask for a certificate).
Write to the court just to confirm that you have sent it to them as per the order, and enclose a copy of your letter so that this is on the court file if 15 Dec comes and goes with no action.

Jhpt

Loadsofchildren123 wrote: »

Have you sent your stuff to them (order says you have to do that by 8 December I think). Make sure you do.
In the hope that they will be disorganised, be vague in the covering letter.
Just say "Dear Sirs,
Please find enclosed my correspondence with the court.
Yours faithfully"
And get a certificate of postage (don't send registered, send it in the normal way but go to the PO and ask for a certificate).
Write to the court just to confirm that you have sent it to them as per the order, and enclose a copy of your letter so that this is on the court file if 15 Dec comes and goes with no action.

I sent electronically to both Court and Claimant - with vague-ish covering letter and prior communications in attached word document. Court were included in the email and confirmed that they received communication - email address used for Claimant was that included on Claim form

Loadsofchildren123

Ok just wait til after the 15th then phone the court. Maybe wait until the Tuesday (15th is a Friday)

Jhpt

Hello guys - update time!

So I didn't receive the documents from the Claimant until the 16th - the day AFTER the deadline. For me, despite it only being a day late, this is still late (and late for the extension) and therefore, this breaches the order? The envelope is franked on 15/12 (which for me means it's postal date). I recieved nothing via email despite me emailing them 2x so they had my electronic contact details too.

Am I correct in thinking that "late is late" and that therefore the case is now "thrown out"?

If so, can anybody advise on the letter to court (copying the Claimant in - learnt my lesson!) Stating communication from Claimant is late, therefore should be struck out as per the Judge's last communication, and also with my claims (unreasonable behaviour - missing two deadlines - and the WS they've provided ignores half of the points I raised anyway!)

Thanks again

nosferatu1001

Yes, ask the court to strike the claim as the claimant did not comply with the order of x date , as the envelope shows it was not franked until the deadline and therefore could not be served in time.

Jhpt

nosferatu1001 wrote: »

Yes, ask the court to strike the claim as the claimant did not comply with the order of x date , as the envelope shows it was not franked until the deadline and therefore could not be served in time.

Does this look OK?

___________________________________________________________________________

To whom it may concern,

My name is XXXXX, I am Defendant in Claim number XXXXXX.

I am writing to you today to request that Claim number XXXXXXX is struck out - Judge XXXX stated on XX/XX/XXXX that if the Claimant's Witness Statement and Exhibits had not been served to myself by the 15/12/2017 then the court was to be struck out, and gave me permission to apply for costs. I can confirm that I had NOT received anything from the Claimant by the 15/12/2017 and due to this I respectfully request that the order of XX/XX/XXXX is enforced and the Claim struck out.

Furthermore, I would like to apply for costs - both those accumulated whilst defending this claim and whilst considering Claimant's unreasonable behaviour throughout the proceedings (as per Civil Procedure Rule 27.14)

INSERT LIST OF WHY/HOW CLAIMANT HAS BEHAVED UNREASONABLY.



Does tthat sound OK?

Thanks everybody once again.

nosferatu1001

And you must of course list the costs you are looking to claim - £19 per hour or part

Jhpt

nosferatu1001 wrote: »

And you must of course list the costs you are looking to claim - £19 per hour or part

Perfect. I did have a question about this.

So far I've got 3hours at £19p/h. Admittedly I've spent a huge amount of time on this - which is probably down to me being slightly incompetent - but is there a ceiling on how long I can claim for? Realistically, it's probably absorbed at least 15-20 hours over the past year.

On a seperate note - as a business owner, I generally charge £60 p/h for my time and I've had to reduce my clinical hours on a few occasions - and turn down appointments - as part of this. If I can provide the email proof or have a signed statement from a patient showing this - can I claim for loss of earnings too?

I'm was looking at claiming £25 for stationary/postage - posting 1kg of paper to both the court and Claimant isn't cheap! Is there a top price here?

Sorry to ask stupid questions - Google has failed me and I can't find any reputable source for what is claim-able!

Umkomaas

Loss of earnings capped @ £95. Providing proof of earnings to the court is advised.

Loadsofchildren123 has provided a specimen costs schedule which I think is linked via the NEWBIES FAQ sticky, post #2. If it’s not there, do a search under her username.

EDITED TO ADD - just read nosferatu’s following post and it reminds me of the possibility of the higher rate, although I’ve seen far more £95 awarded than 50% of the band D fee earner rates. But if you don’t ask .........