http://consumerwiki.co.uk/index.php?title=Claimant_Fails_to_Comply_with_Court_Order&feed=atom&action=historyClaimant Fails to Comply with Court Order - Revision history2024-03-28T14:14:30ZRevision history for this page on the wikiMediaWiki 1.31.1http://consumerwiki.co.uk/index.php?title=Claimant_Fails_to_Comply_with_Court_Order&diff=3125&oldid=prevMbrowne at 18:16, 6 March 20082008-03-06T18:16:54Z<p></p>
<p><b>New page</b></p><div>== Suggested letter where the claimant fails to comply with Court Orders ==<br />
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This letter is a suggestion to use where the claimant fails to comply with the judges orders to supply documentation<br />
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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<br />
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In many cases the claimant doesnt comply, so this leaves you in the position where you cannot file an amended defence.<br />
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If this happens then this is a suggestion as to what to send the court<br />
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'''NB''' Of course it will need toi be amended to suit your individual circumstances<br />
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{| border="0" cellpadding="10" cellspacing="0" align="center" width="95%" style="background-color: #EEEEEE;"<br />
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<blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font><br />
<center>In the <span style="color:red">xxxxxxx </SPAN> County Court<br />
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Claim No <span style="color:red">XXXXXXX </SPAN> <br />
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Between<br />
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<span style="color:red">XXXXXXXX </SPAN> <br />
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–V-<br />
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<span style="color:red">XXXXXXXX </SPAN> </center><br />
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For the Attention of the Case Manager<br />
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Dear Sir.<br />
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Further to the order made by District Judge <span style="color:red">XXXXXXXX </SPAN> sitting at the <span style="color:red">XXXXXXX </SPAN> County Court on <span style="color:red">XX (MONTH) </SPAN> 2008<br />
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I note that the claimant has now failed to submit <span style="color:red">***any documents**** </SPAN> supporting their case despite being ordered to do so.<br />
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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 <span style="color:red">xxxxxx </SPAN> and they appear to have ignored the Honourable Judges orders and have failed to comply as directed<br />
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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 <span style="color:red">xxxxxxx </SPAN> 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<br />
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Therefore, I would request that the pursuant to CPR part 3.4, 2 (C) that the claim is struck out without further order<br />
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If this is not acceptable, then please refer this letter and the file to District Judge <span style="color:red">xxxxxxxxx </SPAN> to highlight <span style="color:red">XXXXXXX’s </SPAN> non-compliance with the orders dated xx xxx 2008 and for further directions to be issued.<br />
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Signed……………………………. (Defendant)<br />
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Date …………………………….<br />
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|}</div>Mbrowne