Hello
(I hope this is in the correct section)
I have an ongoing claim in the CC against me this has been ongoing for over 4 years, a default judgment was given and I have had that set aside as it was sent to the wrong address.
They submitted another claim, 2 years ago, and they then have gone back 3 times to change that submission, they changed the claimant the first time, and the second time they changed details in the statement of truth, they had the wrong registration. the third time the judge dismissed it as they had not shown the relationship between the claimant and the driver which they applied to have reinstated with an updated statement of truth that clarified the change, this was conducted over the phone with a judge.
On the call with the judge, he/we agreed to allow the change to be made and the claim reinstated, the judge granted me a further 3 weeks to update my evidence due to the change. a few days late we all received the updated court order, which also stated that witness statements must be submitted to the court by 24/8.
I updated my evidence and submitted it by the day required, a further letter was received on Monday with the date and time of the hearing and it rested that witness statements must be submitted to the court by 24/8.
The law firm has now come back to me and asked if I agree to the date of the witness statements being extended by 28 days, if I do not they will apply to the court to have it extended and claim the cost back from me.
my issue with this is this has been going on for 4 years I would have expected that they would have the witness statements already compleated as for the original case that was set aside. It also puts me at a disadvantage as my time to review the witness statements and build questions etc is reduced by a month.
should I agree to the extension?
thanks, paul
(I hope this is in the correct section)
I have an ongoing claim in the CC against me this has been ongoing for over 4 years, a default judgment was given and I have had that set aside as it was sent to the wrong address.
They submitted another claim, 2 years ago, and they then have gone back 3 times to change that submission, they changed the claimant the first time, and the second time they changed details in the statement of truth, they had the wrong registration. the third time the judge dismissed it as they had not shown the relationship between the claimant and the driver which they applied to have reinstated with an updated statement of truth that clarified the change, this was conducted over the phone with a judge.
On the call with the judge, he/we agreed to allow the change to be made and the claim reinstated, the judge granted me a further 3 weeks to update my evidence due to the change. a few days late we all received the updated court order, which also stated that witness statements must be submitted to the court by 24/8.
I updated my evidence and submitted it by the day required, a further letter was received on Monday with the date and time of the hearing and it rested that witness statements must be submitted to the court by 24/8.
The law firm has now come back to me and asked if I agree to the date of the witness statements being extended by 28 days, if I do not they will apply to the court to have it extended and claim the cost back from me.
my issue with this is this has been going on for 4 years I would have expected that they would have the witness statements already compleated as for the original case that was set aside. It also puts me at a disadvantage as my time to review the witness statements and build questions etc is reduced by a month.
should I agree to the extension?
thanks, paul
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