MCOL against bank

[atticus]

Yes. If you have still to see this statement you should object.

[gat_3]

Thank you, I've told them I objet to this, especially as they sent the bundle today and gave me a deadline this afternoon to respond otherwise they'd send it to the court without issue. I'll raise it at the hearing as well. Thanks again.

[Frank1]

Please correct me if I am wrong.

The defendant filed their defence last year and you didn't apply for judgement in default.

Has your claim been allocated to the fast track?

The defendant has applied for summary judgement, an application hearing was arranged but the defendant failed to meet cpr requirement, leaving you less than 7 days from the hearing date to file and serve your witness statement and evidence.

For some reason the hearing has been rearranged at a later date. Again the defendant has not complied with cpr regarding the 7 days

You stated you think the hearing may be about your amended particulars of claim. It is more likely to be about summary judgement.

You should draft, file and serve your witness statement and evidence opposing the application asap. You should include in your statement the date you received the defendant's WS and evidence, pointing out it was impossible for your reply to comply with cpr 7days

[gat_3]

Hi Frank,

Thanks for responding.

I think I forgot to include it, but yes, I did apply for default judgement but the defence filed (even though it was late) and the court accepted their defence so we're here now.

No, due to the size it's multi-track.

Yes, that's correct, the judge rescheduled the hearing which is coming up early next week after the court saw I wasn't given enough time to respond to anything.

Yes you're right, it's an application hearing to strike out.

I sent my evidence and witness statement to the defence and court earlier in the month so they've had it for a while to look at everything, I just received the bundle today and their potential witness statement from the solicitor who is on the case as well, said 'TBC' next to it so I don't have that yet.

This is a huge law firm who represent a lot of banks so I feel they should know better at this point, but I'll raise their WS issue with the court or at least bring it up at the hearing.
They also included their statements of cost 'TBC' but considering they expect to ask for this at the hearing early next week, they've yet to serve me with anything.