**DISCONTINUED** Lowell portfolio /Bryan Carter V Rocky 1987

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi

Anybody about to answer this for me? Sorry to keep pestering.

Also as I had to send my documents to the court and a copy to Bryan Carter 14 days before the court case. Do Lowell also have to do the same? When should I expect their documents?

Regards
Ro

[Amethyst]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi rocky, Just having a read back for you xx

[Amethyst]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

You've already sent your Witness Statement ? and this is now your skeleton argument ? If so yes it's fine, and gives the judge a good overview of the case. Make sure you have your claim number and parties names on it. The accompanying letters look fine.

Yes you should receive the other side's witness statement as well. Theirs was due the same date as yours - it's meant to be an exchange of witness statements. Might be worth contacting the court and asking if they have received anything from the claimant as you haven't. Sometimes cases can be struck out for non compliance with the witness statement order.

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi Amethyst, thanks for replying. Yes I have posted off my witness statement, I did this on Tuesday 29th September so 16 days before my court hearing date on the 15th October. So are you saying that if Lowell do not submit any of their documents before the hearing then the case may be stopped? Will the judge not look at any paperwork that they bring with them?

Thanks
Ro

[Kati]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

[MENTION=65331]rocky1987[/MENTION] ... have you contacted the court to see if they have received anything from Lowell (like [MENTION=6]Amethyst[/MENTION] suggested in post #183)? If not, it would be worth doing on Monday morning xx

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi yes I spoke to the court this morning and they have told me that nothing has been received from the claimant. They told me to mention this to the judge on the day of the hearing.

Where do I stand now? Will a judge accept late documents? Is the 14 days before trial a set thing.

[MIKE770]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

if they did they would be sanctioned, normally they run off at this stage albeit not guaranteed!

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

I feel like ringing Bryan Carter and asking them where the documents are that they have been told to send me before the hearing.

2 weeks time I should be free of this I feel very positive about it so I'm not stressing anymore.

Regards
Ro

[MIKE770]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

do not do anything - calm down or you will blow it! this is their method of harassment believe it or not, that is what they want you to do, if they fail to produce documents etc as instructed their loss, you read around the forums and they are sticking to their usual nonsense, want to be free of this be patient and see what fans out in the next few weeks!

[judgemental24]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Failure to comply with the directons of a judge will normally result in a strike out for abuse of procress

I would do as advised and keep quiet until you are in front of a judge

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Ok Mike thanks.

I spoke to the court again and I mentioned that Bryan Carter have not followed the instructions given about following part 27 of the civil procedure rules where it states that all parties must submit any documents that they wish to rely on at the hearing.

The court told me that I should email them and mention this point.

Does this draft email sound ok...

Claim number

Defendant:

To whom this may concern,

I have a court hearing on the 15th October at the Manchester county court.

In the letter advising me of the court date it mentions that I should adhere to Part 27 of the Civil Procedures Rules which states that 14 days before the hearing I should submit any documents to the court and the claimant that I intend to rely on at the hearing and that the claimant must also do so.

I submitted them on the 29th September.

I have checked with the court and they have told me that they have received my file and that they have not received the claimants documents. I also have not received the claimants documents.

They have not followed the rules stated in the hearing letter and I would like this point to be brought forward into my hearing. As all the way through this claim they have not provided me with any kind of proof of this alleged debt when I have asked.

Regards

Mr Rxxx SXxxa

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Ok Mike thanks.

I spoke to the court again and I mentioned that Bryan Carter have not followed the instructions given about following part 27 of the civil procedure rules where it states that all parties must submit any documents that they wish to rely on at the hearing.

The court told me that I should email them and mention this point.

Does this draft email sound ok...

Claim number

Defendant:

To whom this may concern,

I have a court hearing on the 15th October at the Manchester county court.

In the letter advising me of the court date it mentions that I should adhere to Part 27 of the Civil Procedures Rules which states that 14 days before the hearing I should submit any documents to the court and the claimant that I intend to rely on at the hearing and that the claimant must also do so.

I submitted them on the 29th September.

I have checked with the court and they have told me that they have received my file and that they have not received the claimants documents. I also have not received the claimants documents.

They have not followed the rules stated in the hearing letter and I would like this point to be brought forward into my hearing. As all the way through this claim they have not provided me with any kind of proof of this alleged debt when I have asked.

Regards

Mr Rxxx SXxxa

It not for you to point out failings to the claimant, especially those that might well affect the outcome of the hearing.
If they have failed they will have to seek remission of sanctions placed by the court for non compliance wit CPR27
If you have filed in accordance with the rule you have no need to remind anyone.

Don't do it!!

nem

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Ok so i will just sit back and smile then.

Thanks everybody :-)

[MIKE770]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Ok Mike thanks.

I spoke to the court again and I mentioned that Bryan Carter have not followed the instructions given about following part 27 of the civil procedure rules where it states that all parties must submit any documents that they wish to rely on at the hearing.

The court told me that I should email them and mention this point.

Does this draft email sound ok...

Claim number

Defendant:

To whom this may concern,

I have a court hearing on the 15th October at the Manchester county court.

In the letter advising me of the court date it mentions that I should adhere to Part 27 of the Civil Procedures Rules which states that 14 days before the hearing I should submit any documents to the court and the claimant that I intend to rely on at the hearing and that the claimant must also do so.

I submitted them on the 29th September.

I have checked with the court and they have told me that they have received my file and that they have not received the claimants documents. I also have not received the claimants documents.

They have not followed the rules stated in the hearing letter and I would like this point to be brought forward into my hearing. As all the way through this claim they have not provided me with any kind of proof of this alleged debt when I have asked.

Regards

Mr Rxxx SXxxa

Nooooooooooo sit tight it is not your place to chase them!

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

I am just wondering if they turn up on the hearing date with no documents will the judge take this into account? Surely they must be embarrassed turning up with no documents.

If they send me the documents now can i mention in the hearing that they sent them late?