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Originally posted by Celestine
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Yes I did thank you . However after submission of my witness statement . Claimant's have now submitted a supplemental statement to their first witness statement. I don't know if this was done within time or they got the courts permission to do so. Date of hearing is Thursday the 3rd of March. The supplemental witness statement was dated 23rd of Feb but I got it on Friday 25th of Feb. Claimant in the witness statement seems to be appealing to the judge in a sense and I'm hoping if I can get an opinion on this .It is to do with the order where a copy of the duly exexcuted deed of assignment reacted for reasons of commercial sensitivity must be filed by claimant : 1. Claimant has mentioned that due to time that has elasped since 2006 claimant is unable to locate the deed of assignment 2. The claimant states it has located the assignors electronic debt sale data file which accompanied the written debt sale agreement and it states a true copy has been attached as exhibit and cites s.136 of property law Act 1925 stating Act does not say Deed of assignment must be provided and will rely on case law including Nicol v promonntonia (Ram2) Ltd (2019) EWHC2410 (Ch) to support that where parties to a legal assignment do not dispute it the debtor does not have a standing to do so. A. Since this has only just been sent and date of hearing is 3rd of March do I have an opportunity to respond or could I protest the supplemental witness statement was sent late and should not be admitted in court? B. My witness statement in response to claimants first one filed is more focused around the credit agreement can I continue to focus on that. When the notification was sent of the case being assigned to the judge it had already been mentioned that all original documents must be submitted which claimants seem to be failing to do. A response on this would be much appreciated. Thanks.
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