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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We are the defendant against a claim to repair

Resolved Question:

We are the defendant against a claim for invoices to repair damaged tractors that the claimant has blamed us for the damage due to the use of a system that is operated by the tractor power take off unit (PTO). This was issued under the Money on Line service. We have responded by a full defence of the claim. The event was in October 2014 and we have been asking for proof of damage etc since then. March*****papers arrived. We have taken the initiative to contact all the relevant manufacturers and their view is that this issue has never risen before and the tractor manufacturer was going to look at a possible warranty claim.
We replied to all the Court deadlines for questionnaires etc, the defendant did not. The deadline for reply was 11 June. The court then gave an extension to 25th June. We have received no paperwork whatsoever from the claimant after many months of requests. The court then ordered us to attend which happened today. The Claimant has now asked for permission to increase the claim so that it comes under the multi track route. The District
Judge has approved this and that the old claim is withdrawn and a new claim to be issued based on the defendants increased claim amount - from £15k to over £50k based on additional Consequential Loss claim and expert report (only received by them yesterday). We stated that we have not received any paperwork or supporting details at all but the Judge appeared not interested in this. He has approved a new claim issue date of 4th August with our response by 4th September and a case management meeting as soon after 18th Sept as possible.
We were speechless at how this can be allowed to happen when the claimant has missed the first date when the claim should have been struck off. The claimant stated in the court today that they have received expert report only yesterday but will not give us a copy. We believe that the Court is not right in the actions. There has been no attempt to carry out Pre Action Protocol, we do not believe the court has given any order to allow Expert reports as evidence (if they have then we have not been advised - and their basis of new claim is based on this report). there has been no mention of Alternative Dispute Resolution and we believe Court Rules have not been adhered to. Can you advise what our course of action and position is please. Regards David
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello David my name is ***** ***** I will help you.
Are they represented please?
Customer: replied 1 year ago.

Hi Alex, first of all I have put the wrong email address! It should be***@******.***

The person there today was a merchant banker but had authority to act on the claimants behalf. Both Claimant and Defendant are Limited companies. He said after the court hearing that they have appointed council but I do not believe that. I have discussed this with my brother (who is a director of the business as well) and we believe (there reputation is not good in this area) that they are scare mongering and want to frighten so that we make an offer outside of the court. The representatives comment was "no-one wins if the process is conducted in there - meaning the court room".

I have to say that neither my brother or myself were expecting the actions of the claimant or the judge today and there is simply something not right about the whole manner in which the proceedings were conducted. it was almost as if, as defendants, we had no option nor any voice/say in what the next moves/processes were. there has to be a breach of Court Rules and basic law. Innocent until Guilty seems not to apply here. I hope you got the earlier message bout our phone out of action and I live in an area where O2 is not covered.

Expert:  Ash replied 1 year ago.
What stage are proceedings? Was today a cmc?
Customer: replied 1 year ago.

Dear Alex,

I am not sure what the cmc is? Is it Case Management? If so, no it was not a cmc. We received a letter from District Judge Davies on 17 June ordering us to attend today. To quote "District Judge Davies has considered the statements of case and directions questionnaires submitted in this claim and has decided that a hearing is necessary before a final decision about allocation can be made"

The claimant should have delivered their questionnaire by 11 June but for some reason gained a further 2 week extension. We have not seen any documents submitted by the claimant, not had any engineers reports or seen any of the original repaid invoices.

The Judge presiding today effectively gave permission to the claimant to reinstate a new claim - far higher than the first one - and our position and fact that we have never received anything was effectively ignored. No due process had been completed and certainly Pre Action Protocol has been evidenced by the claimant. As defendant, however, we have tried to sort this out but have been totally ignored.

Look forward to your thoughts.

Regards

David

Expert:  Ash replied 1 year ago.
Ok, it sounds like an allocation hearing. Were directions given today?
Note it may be the morning when I reply
Customer: replied 1 year ago.

HI Alex

There were no allocation of costs but the following was decreed

1)Claimant advised that the claim is now vastly increased. This puts it into the Multi Track process

2)Claimant advised that they only received the Expert Report yesterday. We asked for a copy and did not get it

3)Claimant advised that the increase in claim is due to the addition of Consequential Loss claims

4)Judge allowed a new claim to be submitted by 4th August

5)Judge advised that Defendant must respond to the new claim by 4th September

6)Cost/Directions hearing to be as soon as possible after the 18th Sept and has allocated 1.5 hours

We asked about how we get documents from Claimant - was told by the judge that information will have to be exchanged. So we will not have had any data from the claimant for almost a year but they have been able to pursue their case almost with impunity. Something very wrong here with the process but I do not know what that is.

Look forward to hearing from you tomorrow.

Best Regards

David

Expert:  Ash replied 1 year ago.
OK. If you need information then you can ask for what is called Part 18 information.
That is where a request for questions or clarification is made.
Such as:
1) Do you have the information in relation to x?
Answer: Yes
Or you can ask for disclosure of documents. The rules say they MUST disclose all documents which assist their case or substantially undermine it. You can ask for specific documents now if you wish. If they refuse to supply them they you can make an application to Court to award specific disclosure of documents.
Whilst disclosure hasn't been timetabled yet, you are entitled now to ask for documents whilst the claim is ongoing.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Dear Alex

Many thanks for this. Very useful. I will examine Part 18 this evening.

If I need any further info, is it OK to make contact again??

Best Regards

David

Expert:  Ash replied 1 year ago.
Sure. Post any future questions for my attention.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 1 year ago.

Dear Alex

One further question: this case is on the Multi Track - Part 18 relates to Fast Track.

Under what rule or Part can I request disclosure of documents. We have had absolutely nothing from day one and the judge has approved a new claim without any consideration for the defendant. Hence I believe we are entitled to disclosure now but need to know what legislatioon gives me that right.

Also am I entitled to ask the Judge why he made a particular decision given we have not had any sight or knowledge of any new data?

Kind Regards

Expert:  Ash replied 1 year ago.
Part 18 is multi track also.
You can ask for documents. It would appear the Judge hasnt given disclosure yet in any event.
Alex
Customer: replied 1 year ago.

Dear Alex

Many thanks. Could you just explain what "disclosure" involves and am I entitled to write to the Judge and ask him to explain under what law the process was conducted last week?

Thanks

Best Regards

David

Expert:  Ash replied 1 year ago.
Disclosure is any documents that assist or undermine the case of each side.
Alex
Customer: replied 1 year ago.

HI Alex

Many thanks. I will keep you posted..

Have a good evening.

David

Expert:  Ash replied 1 year ago.
Thanks!
Alex
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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