Another MBF VT thread

[R0b]

Re: Another MBF VT thread

Hello,

Before I forget, I managed to come across a Skeleton I drafted a while ago - it's in very rough draft format but should be a starting point for you if you wish to use it. If you are going to provide a skeleton I would suggest you also provide a bundle to go with it.

You skeleton and bundle can be provided to the court and the other side 3 days before the trial. When exactly is the trial date?

[Donverdi]

Re: Another MBF VT thread

Okay. An update! I've just checked with the County Court and had confirmation that the claimant paid the court fees yesterday which was the deadline. Many thanks for posting the skeleton argument which I'll complete before the 28th July, after which I go on holiday until the 13th August. The hearing is for the 16th August. Let's see how things go...

[R0b]

Re: Another MBF VT thread

I am working on a slightly better template along with the relevant case law which I will be adding to the guide at some point, I will provide a copy for you (hopefully) by the weekend which will be a bit more robust than the above.

If you are going to do a skeleton argument then I would suggest also you prepare a bundle to be sent to the court and the other side (the other side can receive an electronic copy if you have an email for them) so the judge can read and refer to your arguments. If that's what you are going to do, I can give you a little guidance as to what should be included in a bundle.

[Donverdi]

Re: Another MBF VT thread

That sounds great. Much appreciated. A couple of questions about the skeleton. Is it something which I bring along with me on the day, or does it form part of the bundle? In view of me being on holiday the fortnight before the hearing, am I at a disadvantage providing all the info to the other side so early? If so, I can arrange for this all to be posted special delivery by a work colleague in order to meet the 3 day deadline if this would help.

[R0b]

Re: Another MBF VT thread

You can send the bundle 3 days before trial to court with a covering letter (and by email if they have an email address but mark it as urgent in the subject title and also the date and time of the hearing). So you don't need to send it straight away once you feel you have everything completed as that will give them alot more time to scrutinize your arguments and rebut them - you don't want to give away your hand too early in the game!

[Donverdi]

Re: Another MBF VT thread

Okay. This I can do. Does the bundle need to arrive at least 3 days before the hearing, or can it arrive within 3 days?

[R0b]

Re: Another MBF VT thread

3 days before the hearing

[Donverdi]

Re: Another MBF VT thread

Oops. I might have dropped a clanger here. I was relying on the 3 days rule to get the bundle and the skeleton to both parties, but having re-read the forms, it states that these should all have been provided no later than 14 days before the hearing which is next Wednesday. Is it still worth me getting this out in Special delivery tonight for arrival in the morning?

[Amethyst]

Re: Another MBF VT thread

Have you received a Witness Statement from the other side?

[Donverdi]

Re: Another MBF VT thread

Yes. This arrived dated 20th July

[Amethyst]

Re: Another MBF VT thread

Bummer. Okay you do need to file and serve your Witness Statement. As you are late with it the opposing counsel may argue for it not to be admissable when you come to the hearing so be aware of that but you should still get it in. You won't have so much in the way of documents to rely on in your case as they would have required ( have they provided agreement, terms etc in theirs ?) so it shouldn't be fatal. Did you also intend to file and serve a witness statement from the seller of the vehicle? That could be more tricky if you haven't done anything about that until now.

You can also still do your Skeleton/Bundle up to 3 days before so as long as that doesn't introduce new arguments that you hadn't included on your defence it should be okay. ( Skeleton should only expand and lead the Judge through the arguments you have already made, not introduce new stuff ) .... you might get some more leaway as it is small claims, but if the otherside are sending counsel they might argue against it.

[Donverdi]

Re: Another MBF VT thread

Okay. I don't think that it's fatal. The guy who said that he would attend/provide a witness statement has gone to ground, so no point chasing him. In terms of evidence as it were, it has all been provided by the other side. I don't have anything further to add really as the point being contested is in the finance agreement. The skeleton argument makes reference to various bit of consumer finance law and other case law, so as long as this and my original defence are admissible then this will have to do.

[R0b]

Re: Another MBF VT thread

you also need to provide your own witness statement

[Donverdi]

Re: Another MBF VT thread

Ok. I better get typing! Thanks

[R0b]

Re: Another MBF VT thread

Would you be able to post up their witness statement? I'm intrigued to see what it says.