Cabot/opus/Wright Hassall

[nemesis45]

Re: Cabot/opus/Wright Hassall

The draft order they sent ssaid file and serve disclosure statement, I've not got the court letter here but the judge made no variation to their draft. I suppose that means witness statement, does it?

Was then the draft ( proposed order ) actually made by the judge.

I think you must whatever you have not received a Witness Statement is needed.

This is your side of " the story " of the events leading up to this claim, each event listed + indexed documents e.g. "I sent a letter to xxxx on date
exhibit 1 and so on.

nem

[Missy1963]

Re: Cabot/opus/Wright Hassall

Yes, draft order was made by judge. I'm using their statement as a template really, refuting each point as I go, with relevant docs marked as 1, 2, etc.

[nemesis45]

Re: Cabot/opus/Wright Hassall

Yes, draft order was made by judge. I'm using their statement as a template really, refuting each point as I go, with relevant docs marked as 1, 2, etc.

If you wish please post your WS for us to go through it with you.

nem

[Missy1963]

Re: Cabot/opus/Wright Hassall

I will do that later on, I'm working at the minute. Thanks so much for the help. I googled all the solicitors and cabot etc- what the hell? Who are these people?

[Diana M]

Re: Cabot/opus/Wright Hassall

The draft order they sent ssaid file and serve disclosure statement, I've not got the court letter here but the judge made no variation to their draft. I suppose that means witness statement, does it?

If the Order says you must file and serve disclosure statement (did it maybe say "List of Disclosure"?) then that's the only thing you must do by 4 pm Tuesday.

You must disclose all documents in your possession even if they are likely to harm your own case. That's the rules in Fast Track.

If it's only the List which is needed then make a table with three columns headed Date (the date of the document) Description (e.g. letter to Cabot) Pages (the number of pages of the document such as 2 or 4).

After the Disclosure List has been filed the other side will say which documents they want to inspect.

Read Practice Direction 28 (3.12) which sets out a typical timetable for the court's Directions in Fast Track claims. You will see that the Witness Statement normally comes some weeks after Disclosure.

https://www.justice.gov.uk/courts/pr...rt28/pd_part28

It may be unwise to file a WS before it's needed and before you've had Disclosure from the other side (have you?).

It may help if you read the whole of PD 28 so you get a sense of how these things travel through the legal process.

The only thing which flags up is you say you have a hearing next month which would be very soon after Disclosure. This may mean your compliance with the original Directions (for Disclosure) is running very late hence the Unless Order.

I'm saying this to be helpful but without having seen any paperwork. Post up the Unless Order on Monday in case it orders you to do something completely different. I'm only going on what you have posted on this thread

Di

[Diana M]

Re: Cabot/opus/Wright Hassall

I'm using their statement as a template really, refuting each point as I go, with relevant docs marked as 1, 2, etc.

Do you mean the Claimant has already filed their WS?

Di

[Diana M]

Re: Cabot/opus/Wright Hassall

There was a court hearing I had to attend.

What was the hearing you attended?

Was it a Case Management hearing listed by the court or was it in response to an application made by the Claimant?

Di

[Diana M]

Re: Cabot/opus/Wright Hassall

The draft order they sent ssaid file and serve disclosure statement, I've not got the court letter here but the judge made no variation to their draft. I suppose that means witness statement, does it?

Do you mean that Wright Hassle threatened you with an application to strike out your Defence and with their letter they included a copy of the Draft Order which they proposed to ask the court to ratify, which you believe they (the court) subsequently did?

Did their Draft Order specifically state a date for your WS to be filed too or only the Disclosure Statement/List?

Di

[Diana M]

Re: Cabot/opus/Wright Hassall

mt defence is simply that I don't owe the money, and in light of the contradictory information they've sent over the last 6 years I'm entitled to see evidence of the original agreement.

Can you post up a copy of your Defence (personal details removed) to see what you pleaded word for word.

Did it include any reference to non compliance with your previous CCA Request?

Or was your most recent CCA Request sent after you filed your Defence?

Post # 29 says you did send one so what date was that?

Di

[Diana M]

Re: Cabot/opus/Wright Hassall

Why was the claim discontinued by Restons Solicitors in 2014 and had you already filed a Defence at that stage (Discontinuance)?

Was the new claim in October 2015 for the same issue - were the POC more or less identical

I think you've said that you did file a Defence to the first claim before it was discontinued. Did they say why it was discontinued (I doubt it)?

Do you know whether the Claimant sought permission of the court to issue a new claim?

Did you raise the issue of a first/previous claim in your Defence?

The first claim I filed a defence saying I disputed the debt and didnt ever have this card, please show me my agreement for any of the cards mentioned. None was forthcoming, and then a solicitors letter came saying they'd decided to discontinue claim. That came in march this year. But late last year a different solicitor acting for cabot, using the same reference number, mentioning same cards etc had issued an identical claim. I've said I'm defending on the same grounds. It's a trial in November, yes I've seen costs and their claim is approx £23k before costs.

Di

[Diana M]

Re: Cabot/opus/Wright Hassall

order was made by judge. I'm using their statement as a template really, refuting each point as I go, with relevant docs marked as 1, 2, etc.

If the Claimant has already filed a WS that implies that there has been (and gone) a deadline for you to do the same since WS are supposed to be exchanged simultaneously to prevent either party talking advantage over the other having seen their evidence.

There must have been original Directions telling you when that should be (or have been).

Can you post a timeline of events so it's clear what did or didn't happen and when.

Di