VCS/BW Legal - writing defence

Coupon-mad

I would wait and see, let them be even later...the later the better.

I presume you mean they haven't lodged a WS? Maybe they are about to discontinue/maybe they won't be paying the hearing fee.

MadHatter752

I don't know what it would be called... on the papers from the court giving us our hearing date it just gave the claimant 14 days to serve a reply to my defence...

Coupon-mad

OK, well they don't have to serve 'reply to defence', IIRC it is not mandatory. But they do have the same deadline you had, to submit your WS and evidence. So is that time up?

MadHatter752

No we've got a few weeks yet for WS and evidence... thankfully as I haven't done mine!

MadHatter752

I thought it would be easier to post the court docs on dropbox so you can see what was requested.... surely if the Judge requests them to provide something to him they have to do it?!

https://www.dropbox.com/sh/byjjkgna4qg9viv/AAAJMFYEhKj_yAJr22-jdgwEa?dl=0

i have also read through the thread you suggested CM in your post #79
(http://forums.pepipoo.com/index.php?showtopic=109056) and all the links off it and that led me to ask the questions in my post #80 and I haven't has answers to these yet... is anyone able to advise please?

I reckon I have about three good weeks to sort out the WS and my Skeleton arguement, my time is limited and I am starting to panic again!

Lamilad

the claimant shall within 14 days file and serve on the defendant a reply addressing the issue raised in the defence

Did they do this?

MadHatter752

Thanks for the responses Lamilad... not that I am aware of... I haven't received anything. I guess it's worth giving the court a call?

Lamilad

MadHatter752 wrote: »

Thanks for the responses Lamilad... not that I am aware of... I haven't received anything. I guess it's worth giving the court a call?

Definitely. They have ignored an order from the court - not a wise move!

I would email​ (ring court for their email): FAO: the presiding judge in claim no xxxxxxxx....

Scan and attach that part of the order (if you can) and refer to 'the attached order' which states the claimant must blah blah....

I advise the court that the defendant has received no such communication from the claimant. At the time of writing it is xx days past the court ordered deadline for the claimant to respond. As they have failed to comply with the order I request that the judge strike out this claim using their own case management powers.

I further request that this email is attached to the claim file as it will be referred to as evidence of the claimants unreasonable behaviour if the case is struck out or if it proceeds to a hearing. In either event the defence will seek costs under CPR 27.14(2)(g).

MadHatter752

Thank you Lamilad... I'll do that first thing in the morning. I have the Judges name so is it worth trying to get his email address from them so it goes to him directly?

Lamilad

MadHatter752 wrote: »

Thank you Lamilad... I'll do that first thing in the morning. I have the Judges name so is it worth trying to get his email address from them so it goes to him directly?

You won't get his email and the name you have is the judge who has dealt with your allocation, it isn't necessarily the judge who will hear your case.

Stick with court email and " presiding judge"