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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have made a small claim but the defendant is vexatious,y

Resolved Question:

I have made a small claim but the defendant is vexatious,y asking for particulars of claim, now running to hundreds of pages. He still insists he cannot enter a defence in spite of having disclosed proof of my claim, bank statements and other correspondence going back 4 years. Now he has made a without notice application for a order for further information which has in effect stayed my claim. What can I do?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

I am not sure what you are trying to ask.

Alex Watts :

I understand he wants more information, but in a small claim you only disclose documents in which you seek to rely upon.

Alex Watts :

I dont understand quite what you are asking?

Customer: I have made a claim for about £3,300 but the defendant even though he knows has refused to acknowledge and says he cannot file a defence until I reply to another CPR 18 request. He has now made a without notice application to the judge for an order for further particulars. I feel he's trying to bury the issue under a ream of paper work. Do I just wait?
Alex Watts :

Has the claim been allocated to track yet?

Alex Watts :

On what basis can't he file a defence?

Alex Watts :

Did the Judge grant the application without a hearing?

Customer: He insists he has not got enough particulars. He's asked for correspondence, emails, bank statement but is not satisfied. He knows the court system v well
Customer: I'm waiting to hear from the judge. Meanwhile I cannot apply for judgment even though the time for him to reply is past.
Alex Watts :

Ok - in that case do not worry about the application

Alex Watts :

The Judge will either:

Alex Watts :

1) Dismiss it, then you can enter Judgment

Customer: It has not been allocated as he has not filed a defence.
Alex Watts :

2) List it for a hearing and you can make representations

Alex Watts :

3) Grant it, in which case you can apply to set aside on the basis there was no hearing

Customer: Ok. Thanks
Alex Watts :

But in any event just because there is an application does not bar you from entering Judgment

Alex Watts :

The Court, I assume has not ordered a stay on you entering Judgment and if that is the case then you can enter Judgment

Alex Watts :

The Defendant can then apply to try and set aside.

Alex Watts :

All the rules require at this stage is that the Defendant, admits, denies or puts the Claimant to proof about the claim

Alex Watts :

Can I clarify anything for you about this today please?

Customer: The judge ordered a stay on entering judgment pending the outcome of his application.
Alex Watts :

Sure.

Alex Watts :

But you have the options above what will happen.

Alex Watts :

I suspect the Judge will dismiss it or say it should be heard at a hearing

Alex Watts :

But once allocated its a small claim anyway

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