I have a hearing against a bank in one week

[Lovelyday55]

Please if someone could help me with the specifics I am not altogether hopeless but can't find anything online about this scenario.

Both parties had to file witness statements in October.

I sent mine to court and also to the defendant. I have photos of the letter I sent to them, next to the postbox before I posted it.

I then had to put together a trial bundle. I did this and sent to the court and emailed it to the defendant one week before the hearing which was originally set for last November.

Defendant then sent a witness statement to court stating that they had not received a hearing notice, notice of allocation to track, or anything from me. And had no idea that my local court was dealing with anything. As far as they were concerned the case was still with the mediators in the CCBC - this did not really make sense to me. That would mean the mediators have had it for well over a year. This is a solicitor we are talking about who must know how unusual that would be.

The case was stayed and the hearing cancelled. I then discovered from my local court staff that they had a letter, sent by the defendant, a month before their above witness statement, so they obviously DID know that my local court were dealing with the case.

Judge then set a new hearing date for next week. This was set two months ago.

I also emailed the defendant at this point to ask for an explanation about what (to speak plainly) looks like lies being told in their witness statement.

Today I receive an email from the bank, and another witness statement (so this comes two months after the last hearing notice was sent to everyone, and one week before trial), trying to explain how they 'lost' the first hearing notice, and the notice of allocation, etc, yet in any case do not need to file a witness statement or other evidence, and so do not also need to make an application to do so, as their defence will suffice. No explanation for the letter to court from months ago, the discrepancy in their first WS, etc.

Email sent to me then challenges me to prove I sent them my own witness statement, or the trial bundle, and that they reserve their rights with regards to challenging whether I have the right to have these considered next week.

Blatantly trying some sort of gaslighting, I think.

My questions are basically - what disadvantage are they at, having not filed a witness statement, and having lied to court? What can I do to take advantage of this?

And also do I need to respond to this email at all, given it was sent a week before the hearing, and I do not have time to respond until next week at the earliest, when they have known about this hearing for two months?

Thanks in advance

[atticus]

Look at it this way - on your documents and statements, can you prove your case? The defendant seems to think you cannot.

Don't try to respond before the hearing. Collate all the evidence you have that you did everything that you were required to do, so that you an show the judge.

[Lovelyday55]

I will - this will be easy.

What disadvantage are they at with only a defence to rely on?

I assume...that it means they have very little in the way of proof to support their assertions?

[atticus]

Obviously they will not be producing anything else to support their case. I cannot say whether that is a disadvantage. It is how they have chosen to run their defence.

You need to be absolutely certain of your ground. I have taken this approach for clients when my analysis has been that the claimant's case is hopeless.

[Lovelyday55]

I think in all honesty that they realise they messed up and that they would have submitted a great deal if they had not been so disorganised.

And that they are hoping I don't know what I am doing.

Which is why I ask - how do I present the above information to the Judge to properly illuminate their poor responses? In legal-speak!

[atticus]

Don't use "legal-speak", make your points in plain English

[Lovelyday55]

I meant how can I be persuasive in arguing that their lack of submissions and witness statement is disadvantageous.

For example - my initial thoughts would be to state that merely filing a defence with nothing to back up what is said in there filed after (bank's terms and conditions, BCOSBS, etc) is not much of a defence at all.

[atticus]

You need to understand your case and all the evidence supporting it, and the defendant's case and whatever material supports that. You need to be able to explain your case, and if need be deal with the defendant's case, so as to persuade the judge that you have proved your claim and should win.

Are you certain that the Defence document does not say enough to undermine your case without the need for further supporting evidence?

[Lovelyday55]

That's the thing. They refer to terms and conditions and things they have to do as a bank but all the supporting evidence that would back that up is obvs. not there.

Whereas I have convincingly made my case that the banks operation was not fit for purpose and their staff useless.

And referring to BCOBS, the consumer rights act, etc, to show how damages are due to put me back where I should be financially*

*All exhibited.

This is why I suspect they want to try to get my stuff thrown out - they have definitely received it, and they know they're up sh% creek without a paddle.

[echat11]

Just on this what Atticus has said - 'Collate all the evidence you have that you did everything that you were required to do, so that you an show the judge.'

What you need to do is collate the evidence, but make three (3) copies, as soon as you enter the Court, find the USHER hand him / her a copy for the Judge and find the other party / representative hand them a copy. If you don't do this, the Judge will ignore the evidence.

[Lovelyday55]

Should I send the hearing bundle again? They’ve requested it.

[echat11]

Should I send the hearing bundle again? They’ve requested it.

Who has requested it?

[Lovelyday55]

The bank. They are saying it was never received. Though I can prove it was sent.

[echat11]

The bank. They are saying it was never received. Though I can prove it was sent.

Send it again, add a note 'Can you please confirm that you have received the XXXXXXX'.

No point getting involved in 'triviality'.

[pc52straw]

Actually, I'd do that AND when I'm posting anything that important I'll send it Royal Mail tracked to all parties; I then email the recipient(s) informing them that it is being sent tracked, with the photos, and I make a point of mentioning this parcel WILL have a full end-to-end audit trail, accessible to anybody given the tracking reference. It is unlikely to add any more than £4 to the postage.

If you go to the Post Office to set this up, your receipt will have the cost AND the tracking reference so you can submit that as evidence of costs.

The point of saying anyone can look at the audit trail is a bit of a subtle shot across the bow... a Royal Mail Tracked Signed digital audit trail covers everything you can possibly think of. It'll show the movement between sorting offices and delivery centres, how many attempts were made to deliver, it'll tell you if the recipient refused to sign for it, or if it was redirected by the recipient, or if it was returrned to sender. In effect, you're telling the party denying receipt, if they lie about it, they WILL be caught out.

If the audit trail independently says "well, actually here's the proof that we did deliver it, and here's their signature proving they signed for it" then a curious judge may invite them to explain themselves.