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UK-Justice
UK-Justice, Barrister
Category: UK Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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not complied with CPR16.4(1). HELP!!

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Hello, Following a disastrous holiday,I opened a small claims against Orient Express at Milton Keynes County Court. I received a letter from the court today stating that: The defendant has defended the claim and MK court has now stayed the claim as we have not complied with CPR16.4(1). It asks that we need to submit a concise statement of the facts (stylised particulars do not constitute compliance). how do I submit this statement? I have no idea what is required of me. Also, I am going away for one week from today (16.07.11) and rang the court yesterday to check there was nothing "in the pipeline" to prevent me doing so, and was informed that I would probably hear nothing until September. However I received a letter from the court today, informing me that I have until 22.07.11 (this coming Friday when I'm away) to comply or my case will be struck out. I would be very grateful if you could explain to me what I can do to avoid the case being struck out. Regards, Vivienne
Submitted: 3 years ago.
Category: UK Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question. Please remember to click ACCEPT once you get my answer.

This is right, if you have just issued a claim then it will be months before any hearing.

You need to plead your case in paragraphs.

Normally for a contract claim it would be:

1. Parties (Claimant and Defendant)
2. Agreement (what it said, express terms, implied statute terms)
3. Breach (what went wrong)
4. Loss
5. Interest
6. Relief

You would normally use one paragraph for each short piece of information.

Ie

1. The Claimant at all material times is an individual

2. The Defendant is at all material times a company specialises in high end train travel.

That sort of thing. Keep each paragraph short and to the point.

The Court needs to understand the case simply by looking at your claim.


Customer: replied 3 years ago.
Totally mystified
how am I supposed to know which part of my claim they are unhappy with?
The system seems to be set up to bamboozle us
as I'm on holiday and can not amend the claim this week can I ring the court to get things postponed until I return??
Vivienne
Expert:  UK-Justice replied 3 years ago.
You can ask the Court yes.

That is why you need to set out your claim, detail by detail, paragraph by paragraph.

You cant just amend part of it - you need to redraft your claim.
Customer: replied 3 years ago.
Hi,
Can you tell me specifically what I need to do tomorrow morning to postpone things?
Thanks
Expert:  UK-Justice replied 3 years ago.
You need to complete form N244 and ask that the old order be varied to say 21 days, which will allow you to file the document.

But you need to formally make an application - the Court can not do it of its own motion, you need to make the application.
Customer: replied 3 years ago.
Hi,
Back to the beginning again.
I've postponed my trip by one day, so need to get things sorted out today.
Rather than completing form N244 requesting a stay, I would rather "amend or substitute" my particulars.
Do I have to:
1) Recover my original claim form and add to it.
or
2) Substitute a completely new form and start again?
Can you get back to me as soon as possible to clarify what I need to do as I'm going down to the County Court shortly.
I need to know exactly what to say to the person at the court because they refuse to give any advice or be helpful in any way.

Thanks Vivienne
Expert:  UK-Justice replied 3 years ago.
You need to submit a new particulars of claim.

It is not a new claim, but you are re-drafting your claim to provide a concise statement of facts.

It has the same case number XXXXX you need to re-draft your claim.
UK-Justice, Barrister
Category: UK Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and 8 other UK Law Specialists are ready to help you

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