Hbos/lowell/fredrickson/bryancarter

[FlamingParrot]

Re: Hbos/lowell/fredrickson/bryancarter

Hi Joolz

There's nothing to worry about, it's just part of the process. As you had no documents there was little point in mediating so the case is proceeding to court. The court will give directions to both sides and they'll be required to send you the documents at least 14 days before the hearing. If they can't they'll be a bit stuck and may have to discontinue the case, ray: what a shame, uh? :lol:

[joolz67]

Re: Hbos/lowell/fredrickson/bryancarter

Phew! Thanks FlamingParrot

[joolz67]

Re: Hbos/lowell/fredrickson/bryancarter

Just an update,

Had a call from the NBC, they wanted to set up a mediation appointment, asked if I received any documents to support BC claims, I answered no so she said it would be put forward for the judge to decide and I should wait to hear from the courts.

So far so good

[nemesis45]

Re: Hbos/lowell/fredrickson/bryancarter

Unless you have all the documents to hand mediation can't take place, the claimant May have the dos putting you at a disadvantage.

nem

[joolz67]

Re: Hbos/lowell/fredrickson/bryancarter

Hi Nem,

So Carters will still be at an advantage, after not having sent me copies of the documents to support this case? How is this fair?

Joolz

[nemesis45]

Re: Hbos/lowell/fredrickson/bryancarter

Hi Nem,

So Carters will still be at an advantage, after not having sent me copies of the documents to support this case? How is this fair?

Joolz

The reason for stopping the mediation is you have nothing to refer to, if the claim goes to hearing the documents must be disclosed at least 14 days prior to the hearing. If at that point there is still no disclosure the claim may be stayed/discontinued/withdrawn.
nem

[FlamingParrot]

Re: Hbos/lowell/fredrickson/bryancarter

Just an update,

Had a call from the NBC, they wanted to set up a mediation appointment, asked if I received any documents to support BC claims, I answered no so she said it would be put forward for the judge to decide and I should wait to hear from the courts.

So far so good

That's the usual procedure, if you've got no documents they won't mediate. The purpose of mediation is to settle the claim, if you were not prepared to do that there would have been no point going through with it. If they'd sent compliant documents you could haven taken the opportunity to reach an agreement.

Hi Nem,

So Carters will still be at an advantage, after not having sent me copies of the documents to support this case? How is this fair?

Joolz

No, they will be required to send you the paperwork at least 14 days prior to the hearing, if they can't they may have to discontinue. ray: ray: ray:

[joolz67]

Re: Hbos/lowell/fredrickson/bryancarter

Hi helpful heroes,

Just received a letter from my local court with a court date for January 2016?! It says a hearing fee of £80 is payable by 29 October by the claimant unless you make an application for a fee concession. Failure to pay the fee will result in the hearing being removed from the list.

Each party shall deliver to every other party and to the court office copies of all documents of which he intends to rely at the hearing no later than 14 days before the hearing.

Signed statements setting out the evidence of all witnesses on whom each party intends to rely shall be prepared and copies included in the documents mentioned. This includes the evidence of the parties themselves and or any other witness, weather or not he is going to come to court to give evidence. In addition the parties should note that sketch plans and photos will be helpful and should be included in the documents filed and served. The original documents shall be brought to the hearing (interesting).

So do I need to send Carters/courts any documents, cos I already sent my defense to the Northampton Business Centre? Anything I need to panic about beforehand? Apart from the Christmas post etc.

With kind regards

Joolz

[nemesis45]

Re: Hbos/lowell/fredrickson/bryancarter

Hi helpful heroes,

Just received a letter from my local court with a court date for January 2016?! It says a hearing fee of £80 is payable by 29 October by the claimant unless you make an application for a fee concession. Failure to pay the fee will result in the hearing being removed from the list.

Each party shall deliver to every other party and to the court office copies of all documents of which he intends to rely at the hearing no later than 14 days before the hearing.

Signed statements setting out the evidence of all witnesses on whom each party intends to rely shall be prepared and copies included in the documents mentioned. This includes the evidence of the parties themselves and or any other witness, weather or not he is going to come to court to give evidence. In addition the parties should note that sketch plans and photos will be helpful and should be included in the documents filed and served. The original documents shall be brought to the hearing (interesting).

So do I need to send Carters/courts any documents, cos I already sent my defense to the Northampton Business Centre? Anything I need to panic about beforehand? Apart from the Christmas post etc.

With kind regards

Joolz

Should have all the documents you intend to rely on copied and indexed in the order that they are mentioned on defence and witness statement.

You should have a copies of all documents you have sent to the court- received from the court or Carter Including your defence ( 3 of everything 1, court/1 Carter/1 you.
You are the only witness.
You have plenty of time to get the bundles ready and properly indexed.

nem

[joolz67]

Re: Hbos/lowell/fredrickson/bryancarter

Hi,

In a bit of a panic now and medication making me very drowsy since November.

Just need a little clarification of what to send to Carter and the Courts please?

Thanks in advance for your kind help.

Joolz

[Amethyst]

Re: Hbos/lowell/fredrickson/bryancarter

When is your court date? I know it's January but how far are we before it's 14 days before the hearing?

[joolz67]

Re: Hbos/lowell/fredrickson/bryancarter

Hi Amethyst,

Court date is 8th Jan and it's last post today

Yikes!

My partner has offered to drive me to court to take them docs in but more worried about Carters

[joolz67]

Re: Hbos/lowell/fredrickson/bryancarter

p.s Just spoke to the courts, Lowell/Carter haven't submitted any paperwork ( I haven't received any paperwork either) but have paid the court fee. They have informed me that the paperwork should have been in on the 15th December, but it just said 14 days before the hearing and not 14 'working' days as I have just been informed?!
Am I buggered??

[Amethyst]

Re: Hbos/lowell/fredrickson/bryancarter

No you're not buggered - it is 14 days not 14 working days - I wish the courts would sort out their helpdesk people to actually know stuff.

14 days before the 8th Jan is actually Christmas Day. So yes sending off today would be a good idea.

Okay so Witness statement - http://www.legalbeagles.info/forums/...ness-Statement

starting point

IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:
XXXXXXXXXX
Claimant
- and –
Defendant
XXXXXXXXXX

_________________________________

WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________



I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX being the Defendant in this case will state as follows;


1. I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.

2. On XXXXXXXXXX 2014 I made a written request to the Claimant solicitors, xxxxxxxxxxxxxxxxx of xxxxxx address xxxxxxxxxxxx requesting that the Claimant provides copies of all documents mentioned in the statement of case.[EXHIBIT A]

3. On XXXXXXXXXX , I contacted the Claimants xxxxxxxxxxxxx

4: On xxxxxxxxxxx I received a letter [EXHIBIT B] from the Claimants stating xxxxxxxxxxxxx

5:

6: The Claimant has failed to send me any documentation xxxxxxxxxxxxxxxxxxxxxxxxxxxx.

7: Therefore I believe the claimant xxxxxxxxxxxx


Statement of Truth

I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated:

[joolz67]

Re: Hbos/lowell/fredrickson/bryancarter

Hi [MENTION=6]Amethyst[/MENTION],

Phew a relief that I can get it in on time.

ok, have finished witness statement. What other paperwork should I enclose in my bundle apart from the Exhibits?

Thanks in advance