POFA '12 not valid?

Lockable

nosferatu1001 said:

They should have sent the draft order as well!
Yeah they give no reason why this should be extended; no mea culpa, nothing. Just "please give us more time"
The court SHOULD throwe this back at them, but sadly Cs often get away with more than a D does

They have attached the draft too. 
As they don't seek a hearing, is it the case that I can have no say in how this proceeds?

nosferatu1001

Of course not. No hearing simply means ON PAPERS, so you sendin YOUR papers to object. For example you pooint out they are legally represented yet havent said who messed up, CST or CST Law, or why the mess up happened, and that they sent you an offer X hours before the deadline with only 2 hours to accept it or not, so were clearly aware of the deadline
What does the draft O say? SHow us everything in one go, its easier than us repeatedly asking...

Lockable

Also, asking for the two things at the same time, ie: Relief from sanctions & an extension. Does granting one lead to granting the other?

Lockable

nosferatu1001 said:

What does the draft O say? SHow us everything in one go, its easier than us repeatedly asking...

You didn't actually ask. You know that , right?

Jenni_D

A judge should read that and rip them a new one ... they can't even get the DO right. (See point 2). 🙄

Edit: on the N244 - did you do the redacting before showing here, or is that how you received it? If you did it, why? (Their names I can sort-of understand, but not dates).

KeithP

Well item 2 on that order is just plain silly.

It is not the Defendant's job to file Particulars of Claim. That is the Claimant's responsibility.

Lockable

Jenni_D said:

Edit: on the N244 - did you do the redacting before showing here, or is that how you received it? If you did it, why? (Their names I can sort-of understand, but not dates).

I redacted it. 
I know that advice here is sometimes to take out all possible identifying info, I also know I've applied this unevenly in the case of dates.

Johnersh

OK. What is the reason that they failed to serve? Under 3.9(2) evidence needs to be provided.
The fact that they were writing to you on the last day (or imminently before) means that they had the file open in front of them. They shouldn't have missed the deadline.
Have they filed amended particulars yet? The main point to run here is that the original order was made because there were doubts as to whether they had a case, time has been and gone... What's the point of reinstating the claim if it is still destined to fail with the ppc neither showing good reason for the delay or a basis on which the claim can prevail. 

nosferatu1001

I didn't ask for it but did ask to see the app, so that would be all of it

and yeah. Incompetents 

I do think you need to telll court about the offer that came through the day of deadline. As above, it shows they has the file open AND clearly had time to comply. It doesn't take a full day to do the poc. Not if you're competent!  

Jonnersh- i don't see the op saying otherwise, so sounds like they haven't yet filed. They actually want until the 22nd!

nosferatu1001

Op - relief from sanctions - please don't strike our claim out
extension - were SO bad at our job that we need an extra 2 weeks to file.  As well as relief for breaking the order, can you give us even more time as we're crap at our job?