Guarantor and possible documents forged with advice from letting agency

ed1su

Was just wondering if courts sent defendant 2's defence to defendant 1, wouldn't they would have sent claimant defence (case) to defendant 1 as well. So they might have not even sent any documents to court...


ed1su

Marktheshark

might not, they may hire a solicitor last minute who dumps it all in your lap in the waiting room.
Thats why I said, seal your bundle,tie it up! a open bundle is to invite more evidence.
Ignore anything they try to give or dump on you, in fact totally Ignore anyone but the court usher, do not speak with any solicitors do not even acknowledge them, just get up and go in with the evidence you are using sealed.

thequant

Marktheshark wrote: »

might not, they may hire a solicitor last minute who dumps it all in your lap in the waiting room.
Thats why I said, seal your bundle,tie it up! a open bundle is to invite more evidence.
Ignore anything they try to give or dump on you, in fact totally Ignore anyone but the court usher, do not speak with any solicitors do not even acknowledge them, just get up and go in with the evidence you are using sealed.

I second this, They will try and be all friendly and try give you advice, psyche you out. etc, all sorts of trick they pull.

thequant

ed1su wrote: »

Was just wondering if courts sent defendant 2's defence to defendant 1, wouldn't they would have sent claimant defence (case) to defendant 1 as well. So they might have not even sent any documents to court...


ed1su

The claimant has no defence, but Particulars of Claim. Although they may choose to exercise the right to reply to a defence.

ed1su

Shouldn't they suppose to follow judges directions. which states at start


Warning. You must comply with the terms imposed upon you by this Order. Otherwise your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make formal Application to the court before any deadline imposed upon you expires


7) Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before hearing


So doesn't they have to follow this order of the judge


also G thought this meant that an expert can't represent them but now G miss read it


15) Neither party may rely at the hearing on any reports from an expert unless permission has been granted by the court before hand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this order and seek permission, giving an explanation why the assistance of an expert is necessary.


For some stupid reason G thought that meant that you can't have an expert to represent you i.e lawyer.


Ed1su

thequant wrote: »

The claimant has no defence, but Particulars of Claim. Although they may choose to exercise the right to reply to a defence.

thequant

ed1su wrote: »

Shouldn't they suppose to follow judges directions. which states at start


Warning. You must comply with the terms imposed upon you by this Order. Otherwise your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make formal Application to the court before any deadline imposed upon you expires


7) Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before hearing


So doesn't they have to follow this order of the judge


also G thought this meant that an expert can't represent them but now G miss read it


15) Neither party may rely at the hearing on any reports from an expert unless permission has been granted by the court before hand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this order and seek permission, giving an explanation why the assistance of an expert is necessary.


For some stupid reason G thought that meant that you can't have an expert to represent you i.e lawyer.


Ed1su

Yes they should enforce the judges order, which is why I said get that letter off to them.


One thing that commonly happens, is that some people will wait for the other side to submit their documents and witness statement and then draft theirs accordingly. Even if this means they miss the 14 day deadline.


They will then give the judge some excuse as to why it was late and expect it to be admissible. When such a request comes from a solicitor it is usually given, because Judges fear trained solicitors over litigants in person.


However their is one thing they fear most, and that is having their judgements overturned on appeal.


By popping that letter off, you are politely reminding them that they must enforce their own orders and you are the type of person who will follow this up if they fail to do so.


As G will find out on the day, at this stage of the process, the claim is no longer about who's in the right, but who can play the game best.

ed1su

Thequant


Thanks for the input. The hearing is tomorrow, neither has defendant 1 or defendant 2 has received any documents so far.


Defendant 2 wrote a letter to judge and sent it off last week, so we will see what will happen tomorrow.


Will keep you informed of the outcome.


Ed1su

thequant wrote: »

Yes they should enforce the judges order, which is why I said get that letter off to them.


One thing that commonly happens, is that some people will wait for the other side to submit their documents and witness statement and then draft theirs accordingly. Even if this means they miss the 14 day deadline.


They will then give the judge some excuse as to why it was late and expect it to be admissible. When such a request comes from a solicitor it is usually given, because Judges fear trained solicitors over litigants in person.


However their is one thing they fear most, and that is having their judgements overturned on appeal.


By popping that letter off, you are politely reminding them that they must enforce their own orders and you are the type of person who will follow this up if they fail to do so.


As G will find out on the day, at this stage of the process, the claim is no longer about who's in the right, but who can play the game best.

ed1su

Hi


Need advice, The guarantor just received this in an email from the letting agent


"I am emailing you with regard to the court case tomorrow. You need to be aware the court case may be postponed to a later date on two points.

The court papers were issued in the incorrect names and also the person that needs to attend is unwell so will be unable to attend.
I am enclosing a copy of the paper work originally posted to you for your attention."


Now the courts hasn't informed about the postponement. The attachment has a letter to court about their case. The letter dated 28 Jan. so it would make the 14 day deadline.

ed1su

The attachment letter has Guarantor's address but he didn't receive anything in post. The G phoned the court just now, they said they received an email from claimant requesting for the hearing to be postponed to another date, as far as they are concern it's listed as going ahead.


Ed1su

RAS

I would suggest that if the Guarantor, (the ex-tenant possibly) and the court all failed to receive supposed paperwork sent weeks ago, the judge is not going to take very kindly to their antics.