Court papers and CPR 31.14 non compliance

[ruthles112]

Re: Court papers and CPR 31.14 non comppliance

How does this sound?
"Further to my letter of 20 October 2012 when I requested copies of the documents
mentioned in the above ‘Particulars of Claim’ under the provisions of CPR 31.14,
I write to advise you that unless I receive the requested documents by post by
Monday, 19 November (a full three weeks after you should have provided them), I
will apply for an order compelling disclosure from the courts and seek the costs
in doing so."

[mystery1]

Re: Court papers and CPR 31.14 non comppliance

Better to phone and speak to the claim handler direct as then they can't say they never got it etc. IMHO.

M1

[ruthles112]

Re: Court papers and CPR 31.14 non comppliance

Yes - as instructed I was going to follow up with phone call tomorrow.

[ruthles112]

Re: Court papers and CPR 31.14 non comppliance

Just checked emails and read receipt shows yesterday evening's e-mail to solicitor re disclosure of docs was read by the recipient. What now. Do I still need to phone or just wait till Monday's post?

[mystery1]

Re: Court papers and CPR 31.14 non comppliance

Up to you. I say phone them as you'll get more information from speaking to them even if it's not the information you want.

Make sure it's the case handler and not the first person to answer the phone that you ask.

M1

[ruthles112]

Re: Court papers and CPR 31.14 non comppliance

He's apparently in a meeting until after lunch so will try again then. Thanks.

[mystery1]

Re: Court papers and CPR 31.14 non comppliance

Keep records of this as it will be good evidence. It may well be true but then again ...

M1

[mystery1]

Re: Court papers and CPR 31.14 non comppliance

Have you nade contact by phone yet ?

M1

[ruthles112]

Re: Court papers and CPR 31.14 non comppliance

Yes and no. I tried 2nd time on Wednesday ~ 2pm and was told he was not around until 5. So I tried again at 5 and 'he was away from his desk'. I left message asking him to e-mail with an update of their progress. Unfortunately I was not able to make any calls yesterday or this morning. As you can guess there has been no email from case handler. Shall I have one more go this afternoon?

[mystery1]

Re: Court papers and CPR 31.14 non comppliance

The more evidence you have, the better. (even though in this case it shouldn't be needed anyway)

M1

[ruthles112]

Re: Court papers and CPR 31.14 non comppliance

Surprise, surprise - he's away from his desk. Colleague looked at the file and confirmed 'info requested from client but nothing back yet.'
So I obviously won't be receiving the docs. by the deadline of Monday's post so on to the next stage. What's next? I've made notes about the 4 calls chasing them up.

[mystery1]

Re: Court papers and CPR 31.14 non comppliance

N244 application for disclosure with an order to comply or the claim is struck out.

M1

[ruthles112]

Re: Court papers and CPR 31.14 non comppliance

Sorry to be a dummy but I've drafted a N244 app and order for you to look at but can't seem to upload. Saved as jpeg but using the 'insert image' above asks for URL?
By the way - have been reading Yorkshire Bee's thread re Arrow/Bryan Carter. What's the difference between N244 app and draft order or the 'AQ' stage and a draft order for Directions. They seem to be trying to get the same result.
When is the AQ stage reached?

[mystery1]

Re: Court papers and CPR 31.14 non comppliance

Underneath the reply box click "go advanced" then click the paperclip and upload to site etc.

M1

[ruthles112]

Re: Court papers and CPR 31.14 non comppliance

draft enclosed hopefully. Thanks for the tip!