Request for popla refused despite quoting legislation, what to do now?

DoaM

I'd wait until tomorrow ... just on the off-chance.

Gin_and_Milk

Just spoken to my husband and he's going to hand deliver it tomorrow. I checked the court online and the office closes at 2, so I doubt they'd give it much consideration if I handed it in today anyway.
Thanks

safarmuk

@Gin and Milk.
Have a look at this thread ... it might make you feel better and maybe PM pixeLm if it will help you.
https://forums.moneysavingexpert.com/discussion/5465359

Gin_and_Milk

Here is the letter to the judge which my husband will deliver to the court tomorrow. If someone could cast their eye over it and give me some feedback I'd be really grateful as I'm not too sure about it:

Re: County Court Claim XXXXXX
XXXXX (Defendant) v Minster Baywatch (Claimant)

The case is due to be heard in XXXXX County Court on 31st January 2017. In accordance with the Notice of Allocation, the Defendant submitted all documentation as required within the fourteen day time period prior to the hearing. However, the Defendant wishes to make it known that as of the 17th January 2017, no Witness Statement or any other documentation has been received from the Claimant’s solicitors (Gladstones), despite point 6 in the Notice clearly stating: ‘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 the hearing.’

Submitting a Witness Statement after the deadline is a well known tactic used by Gladstones Solicitors, and the Defendant has legitimate cause to believe that this is a deliberate attempt to put the Defendant at a clear disadvantage by not allowing them sufficient time to prepare for the hearing. The Defendant is also concerned that this may also be an attempt by Gladstones to re-plead the case, which at best, would be extremely unfair and incur further costs.

The Defendant respectfully asks that this letter be placed on record and be given any due consideration as the Judge may see fit.

With kind regards
XXXXXX (Defendant)
18th January 2017

Gin_and_Milk

Thanks safarmuk, I've just had a quick look through their posts and fingers crossed I'll get the same outcome!

Coupon-mad

Looks great, Gin and Milk.

Gin_and_Milk

Phew, thank you! I wasn't sure about the initial date I mentioned, but thought it best to stick with putting the 17th Jan just in case husband got back from the court only to find everything had been delivered.
I stand by the date at the end though as that's when he's delivering the letter. The bottom line is, they've missed the date and the later they leave it the happier I'll be!

thanks

Gin_and_Milk

Well here's a turn up for the books. My husband phoned the court this morning to ask if they had received their copy of the WS from G'stones given that we still hadn't received ours. The woman he spoke to said that they hadn't, but that they wouldn't send one to us anyway?! Has anyone else heard of this? It clearly states in the Notice of Allocation that both parties must submit documents to the other party, so I'm guessing she's messed up here.

He then went on to ask whether or not the £25 hearing fee had been paid (it should have been paid by the 3rd). She said that they had received an email from a firm called PBA stating that they had tried to pay numerous times, but that the court was having problems with their system. She's advised my husband to phone back next week.

You really couldn't make it up could you?!

Gin_and_Milk

Hi, still nothing from Gladstones, but after what the woman at the court told my husband yesterday I don't expect anything now. My husband is going to email Gladstones on Monday anyway to say we haven't heard anything, as I noticed from another post that someone did this and got a reply to say they would get something back soon.

Assuming it does go to court, I'll be taking a copy of the Notice of Allocation and emails to and from Gladstones; but I'm worried we've considerably weakened our position now that Gladstones have our WS, but we've been told we won't get one from them. The Notice we received was dated mid December, so if things have changed since then, surely they should have let us know?

I'm still not convinced that the woman is right, and I'd be panicking more if I hadn't submitted my WS, but has anyone come across this before? I can't find anything on the forum, but maybe I'm not looking in the right places.

I'm just glad the court haven't received their copy either, but surely the hearing will take longer - we've been told it should take roughly an hour.

Coupon-mad

The court clerk was wrong!

Sounds like the hearing fee has not been paid and no idea what she meant by a firm called PBA.