Lowell/Overdal County Court Action – advice needed

[Paperwork]

Thank you.

[Paperwork]

Hi there,

I have undergone mediation, which was not successful, and the Small Claims Mediation Team has arranged for the case to be transferred to a Hearing Centre. I have now received a Notice of Transfer of Proceedings, informing me of this, along with a General Directions Order, which states the following.

UPON the court noting that:

• documents referred to in the order below were filed by one of the parties but those documents are not on the court file
• The court has undertaken a search but the documents have not been found
• The claim cannot progress until the court file is complete
• A notice of transfer (to another county court) has been issued

It is ordered that:
By 4pm on 22nd August 2024 the defendant must send to the court named on the attached Notice of Transfer a copy of the defendants Directions Questionnaire, Defence and any Particulars to the Claim.

The directions seem straightforward but is it common the court to mislay paperwork in this way?

Also, I was informed by the Mediation Service that the current wait for a hearing date is around 47 weeks, so I expected to have a little more time to prepare my defence – is it normal to have to file at this point?

Finally, I have still never received the Particulars to the Claim from the Claimant (I believe they supplied the wrong address to the Court, and I have only ever had a summary of them via email from the Claimant’s solicitor). I’m surprised that this is up to me to supply the Particulars – is this normal?

Any other advice on how to proceed?

Many thanks.

[echat11]

a) The directions seem straightforward but is it common the court to mislay paperwork in this way?

It can happen. Did you get Proof of Postage when you sent the DQ?

b) Also, I was informed by the Mediation Service that the current wait for a hearing date is around 47 weeks, so I expected to have a little more time to prepare my defence – is it normal to have to file at this point?

You have filed your Defence, I think you mean Witness Statement.

c) Finally, I have still never received the Particulars to the Claim from the Claimant (I believe they supplied the wrong address to the Court, and I have only ever had a summary of them via email from the Claimant’s solicitor). I’m surprised that this is up to me to supply the Particulars – is this normal?

The PoC would be on the Claim form, sent to you by the Court. Ask the Court or Claimant for a copy.

d) Any other advice on how to proceed.

UPON the court noting that:

• documents referred to in the order below were filed by one of the parties but those documents are not on the court file
• The court has undertaken a search but the documents have not been found
• The claim cannot progress until the court file is complete
• A notice of transfer (to another county court) has been issued

It is ordered that:

By 4pm on 22nd August 2024 the defendant must send to the court named on the attached Notice of Transfer a copy of the defendants Directions Questionnaire, Defence and any Particulars to the Claim.

You need to get the instructions in red sent to the Court named as soon as possible.

[Paperwork]

Thank you. You are right, I am confusing the Defence and Witness Statement.

I did get Proof of Postage and it was delivered; the tracking showed a photo of a cage of post in the court building.

I will contact the Court about the Particulars of Claim; the Claimant told me they do not have a copy and could only summarise by email.

The Court in question is only a short walk from me. The deadline is not a problem.

Thanks

[echat11]

Thank you. You are right, I am confusing the Defence and Witness Statement.

I did get Proof of Postage and it was delivered; the tracking showed a photo of a cage of post in the court building.

I will contact the Court about the Particulars of Claim; the Claimant told me they do not have a copy and could only summarise by email.

The Court in question is only a short walk from me. The deadline is not a problem.

Thanks

Make sure you get a receipt for it. So you can prove you delivered it.

[Paperwork]

I have received a court date, and a copy of the claimant's updated particulars. I have a deadline of about three weeks' time to submit my witness statement. Is there any guidance on writing this, please?

[echat11]

This is a comprehensive guide, so take elements from it, headings are important, numbering is important, page numbers are important, paragraphs are important, reference to evidence, evidence headed, numbered etc -

https://hallellis.co.uk/preparing-witness-statements/

https://legalbeagles.info/forums/for...ess-statement/

[Paperwork]

Hi there,

Thanks for the advice.

I have already received the Claimant’s witness statement. Am I permitted to refer to it in my own witness statement, or would that be proper because they have not yet received mine?

[echat11]

Hi there,

Thanks for the advice.

I have already received the Claimant’s witness statement. Am I permitted to refer to it in my own witness statement, or would that be proper because they have not yet received mine?

Normally, Witness Statements are exchanged via mutual agreement, time, date etc.

So, no you shouldn't comment on what the other Witness Statement says. This is your Witness Statement the facts as you see them.

But what you should do is go through it, make notes of stuff that doesn't 'add up' and bring that to the attention of the Judge / Court during the Hearing.