Suggested letter where the claimant fails to comply with Court Orders
This letter is a suggestion to use where the claimant fails to comply with the judges orders to supply documentation
In many cases we are seeing claimants failing to supply a copy of the credit agreement before you submit your defence, as a result many cases end up with a holding defence being filed and when the Allocation Questionnaire is filed, depending upon the directions that you use, it may be the case that the judge will issue an order which orders the claimant to supply you with a copy of the credit agreement etc by 4pm on XX date and then you will be given a further XX days to file an amended defence based upon the documents they supply
In many cases the claimant doesnt comply, so this leaves you in the position where you cannot file an amended defence.
If this happens then this is a suggestion as to what to send the court
NB Of course it will need toi be amended to suit your individual circumstances
In the xxxxxxx County Court
Claim No XXXXXXX
For the Attention of the Case Manager
Further to the order made by District Judge XXXXXXXX sitting at the XXXXXXX County Court on XX (MONTH) 2008
I note that the claimant has now failed to submit ***any documents**** supporting their case despite being ordered to do so.
The claimant has had every opportunity to file such documentation and the size of the organisation, it is not unreasonable for them to have filed such documentation on time at the first opportunity, they have since been given a second chance to file documents by order of District Judge xxxxxx and they appear to have ignored the Honourable Judges orders and have failed to comply as directed
The result of this failure is that I am unable to file a fully particularised defence to the claimants claim as directed by the Honourable Judge xxxxxxx as without the documentation which the claimant relies upon, I am unable to answer their allegations as set out in their particulars and I am placed at a severe disadvantage, as I am a Litigant in person
Therefore, I would request that the pursuant to CPR part 3.4, 2 (C) that the claim is struck out without further order
If this is not acceptable, then please refer this letter and the file to District Judge xxxxxxxxx to highlight XXXXXXX’s non-compliance with the orders dated xx xxx 2008 and for further directions to be issued.