Production of 'Original' documents in court

[AnonymousUser1978]

Re: Production of 'Original' documents in court

Thanks TMC, i'm going to need it!

As a last ditch atempt to add another arrow to my bow, does anyone have any comments regaring the agreement not being dated 'anywhere'?

[AnonymousUser1978]

Re: Production of 'Original' documents in court

Right, UPDATE;

Just got back from County Court. The Claimant was seeking a summary judgment as they didn't accept my 14 clear days default argument which was based on a default that was issued leaving me only 12 days to remedy. And they didnt feel i had a defence.

The judge initially had some trouble accepting that a document is deemed delivered after 2 days, insisting that 'common sense' would suggest that if a document is posted on day 1, it would be delivered the next day.

I of course argued this point, referenced the CPR's own rule 6.26 and also referenced the interpretations act. I stated that the court proceedings had been commenced 'unlawfully' as an accurate DN was outstanding.

The claimant stated that the CCA did not reference the Interpretation act. And made no reference to 'Date of service', which i pointed out section 88 (2) clearly refers to 'Date of service'.

The judge came round to my way of thinking (Thankfully) and accepted and even reiterated to the claimant that the Interpretations Act is lawfully binding and obviously in place to avoid disputes over 'the service of notices' and subsequently dismissed the claimants request for summary judgment.

So, i've won this battle, but the war continues! The case is due for trial in August, if the claimant doesn't discontinue in the mean time.

I'll keep all posted, and will post my 'Agreement' for expert comment in due course. :-) Stick in there people.

[New_Age_Biker]

Re: Production of 'Original' documents in court

Well done you for standing your ground

[AnonymousUser1978]

Re: Production of 'Original' documents in court

Cheers, NAB.. I just hope others take note and dont just roll over when faced with a district judge. Its scary at first, but believe me, you soon get your flow when you know what your talking about! Research, research, research and become familiar with what your going to argue about, it will make a huge difference. If i hadn't argued, i honestly believe the judge would have granted the claimant a summary judgement. Phew!

[Garlok]

Re: Production of 'Original' documents in court

Well done AU1978!!

regards
Garlok

[CleverClogs]

Re: Production of 'Original' documents in court

Just got back from County Court. The Claimant was seeking a summary judgment as they didn't accept my 14 clear days default argument which was based on a default that was issued leaving me only 12 days to remedy. And they didnt feel i had a defence.

The judge initially had some trouble accepting that a document is deemed delivered after 2 days, insisting that 'common sense' would suggest that if a document is posted on day 1, it would be delivered the next day.

"After all, young man, that is what Mr Rowland Hill claims of his new-fangled penny post..."

Stick in there people.

I'd prefer to stick something in their people.

[New_Age_Biker]

Re: Production of 'Original' documents in court

I just hope others take note and dont just roll over when faced with a district judge. Its scarey at first, but believe me, you soon get your flow when you know what your talking about! Research, research, research and become familiar with what your going to argue about, it will make a huge difference. If i hand't argued, i honestly believe the judge would have granted the claimant a summary judgement. Phew!

Your comments about research are well founded. I have only been in this position once (so far). It was adaunting process and I was faced by a barrister. However when you know your stuff & score legal points against them it does make you smile

[The Debt Star]

Re: Production of 'Original' documents in court

Oi! Clever Clogs! No banality! The skeleton says so.

[Caspar]

Re: Production of 'Original' documents in court

Congratulations - all those hours of reading paid off - excellent!

[AnonymousUser1978]

Re: Production of 'Original' documents in court

Cheers Caspar, Its not over just yet though. I only managed to stop a summary judgement. I have a trial to defend next.. thats when it gets interesting.

[charitynjw]

Re: Production of 'Original' documents in court

Well done you!!!

[AnonymousUser1978]

Re: Production of 'Original' documents in court

Hey guys / gals, save the well done's for the main event. I've won a battle but the war is far from over. This website is definitly a very welcome resource for information. Good job to all you contributors!