Advice needed for an upcoming trial

[skilganon]

Re: Advice needed for an upcoming trial

that is true Nem,

perhaps we ought to do away with the CCA and let the DCA's put a claim in based on their own law of probability act, then let the judge decide by what he feels on the day:rolleyes2:

anyway to answer your question about the default date from earlier on:

apparently according to the OC the default date is 31/8/12 , their copy of the default notice does not say this, and the N of A lists it as being 2 years prior to this ??

any comments ?

my reckoning using the law of probability is that the N of A is a creation of the DCA who have cocked up

[skilganon]

Re: Advice needed for an upcoming trial

would any of you guys be able to explain what this actually means in relation to this case.

serve on each other the witness statements of facts upon which they intend to rely at trial

[mystery1]

Re: Advice needed for an upcoming trial

Give a copy to the court and the opponent. It should be sent 2 working days before if using 1st class post.

Witness statements just give the witness evidence to support the case. If , for example, the case was that there were no terms at inception the evidence of that comes from the person who opened the account. If th claimant is claiming you di it in branch but you were with the defendant at the airport when the application was filled in then you would do you own witness statement to say that you saw the defendant fill in the application at the airport etc etc


The defence says you don't owe money because .... The skeleton argument explains why, in legal terms, in far greater detail with case law and the witness statement provides evidence to back it up.

M1

[skilganon]

Re: Advice needed for an upcoming trial

[MENTION=5354]mystery1[/MENTION]

thank you for your reply M1, yes i understand that and the witness statement is now completed.

But what i was unsure about is why the order says to only serve the WS on each other, nowhere does it say that they must also be filed. furthermore the trial window is late june/early july, this gives the claimant a heck of a long time to find or 'create' evidence to condemn the defendants WS.

i have advised them to file it into court anyway.

[dan_1207]

Re: Advice needed for an upcoming trial

@mystery1

thank you for your reply M1, yes i understand that and the witness statement is now completed.

But what i was unsure about is why the order says to only serve the WS on each other, nowhere does it say that they must also be filed. furthermore the trial window is late june/early july, this gives the claimant a heck of a long time to find or 'create' evidence to condemn the defendants WS.

i have advised them to file it into court anyway.

This is why you wait until the last second typically you're given 14 days before the hearing to file evidence unless the court orders otherwise.

[skilganon]

Re: Advice needed for an upcoming trial

apologies for disappearing from my own thread,

sadly my wifes mum was rushed into hospital and has now passed away.
[MENTION=2727]dan[/MENTION]-1207

that is my point entirely dan-1207, the trial window is set for late june/early july but the judge ordered the claimant and defendant to serve witness statements on each other by the 31st march? they were not ordered to file them into court.

what i am saying is that this action then gives the claimant 14 weeks or so to find or 'create' what they need ?

not what i would call an equality of arms is it ??

[dan_1207]

Re: Advice needed for an upcoming trial

Firstly, I am very sorry to hear about your wife's mum. Having to deal with this is, I can only imagine, dreadful.

With regards the paperwork, it is odd, but no further evidence can be submitted now so the other side would struggle to begin constructing new evidence, or even arguments, prior to the hearing.

[skilganon]

Re: Advice needed for an upcoming trial

Firstly, I am very sorry to hear about your wife's mum. Having to deal with this is, I can only imagine, dreadful.

With regards the paperwork, it is odd, but no further evidence can be submitted now so the other side would struggle to begin constructing new evidence, or even arguments, prior to the hearing.

thank you for your kind comments,

i appreciate that no further paperwork can be submitted now, but my fear is that because the court has not asked a copy be filed, either side could say at any time during a trial that " well i sent it it to them on 31st march" and then turn up with unexpected paperwork, it would be their word against the defendant ??

[mystery1]

Re: Advice needed for an upcoming trial

You could always email them and confirm receipt of documents A, b & C and ask them to confirm that's all they sent. If there are issues in court pull out the email.

M1

[skilganon]

Re: Advice needed for an upcoming trial

thank you M1,

i never thought about that ! , it makes perfect sense just needed a bit of lateral thinking :okay:

[dan_1207]

Re: Advice needed for an upcoming trial

I would also file copies with the Court. It just doesn't add up that they don't want to see them!

[skilganon]

Re: Advice needed for an upcoming trial

I would also file copies with the Court. It just doesn't add up that they don't want to see them!

yes i advised them to do this, and had confirmation that a copy of his witness statement has been filed into court.

if you had the details as to what happened at the preliminary hearing you would understand why the court dont want to see them, biased towards the claimants representative would be an understatement !!

a further question if you dont mind, the claimant has filed a documents list but is now refusing to allow the defendant to view documents on their list ? is this right, this is a fast track claim now?

i will attach their documents list

[mystery1]

Re: Advice needed for an upcoming trial

http://www.legalbeagles.info/forums/...-actually-mean

Make an official request to see it. If they deny you inspection, make an official application.

M1

[nemesis45]

Re: Advice needed for an upcoming trial

My guess is a badly trained or trainee paralegal has completed the disclosure list, there's a few similar ones floating around.
If the judge disregards the non production of the DOA it probably means he/she can see no point to it.

nem

[skilganon]

Re: Advice needed for an upcoming trial

@ mystery1 , thank you m1 brilliant stuff as usual, the deed of assignment is on their list and my friend has requested inspection of it, they have refused, citing that the judge said that wont be necessary.
however they have listed it after the hearing so will make a further request, there is plenty of time.
@ Nem, i agree on the awful documents list they sent

i dont agree on a judge being allowed to state there is no point in the deed of assignment, without a fight at the very least or an objection. the Deed of assignment shows many many things that any purchasing DCA should adhere to,most dont, and also if the defendants name does not appear on it then how can the claimant prove that this 'debt' was in fact purchased as part of any bundle ?

notices of assignment are regularly 'knocked up' by the DCA totally against the very law they use s136 of the LoP act