bw legal/excel clain form recieved

keepswimming

i appended the point about excel being banned in the WS at point 7 (exhibit 7) I found that info from you in another thread (thank you).

as for the insurance thing, I ve had named drivers but also several cars and change insurers when the cars have changed (meerkats are always right ) so no documents that I could find, my cars have been used loads over the years by friends and family as long as they have there own insurance.

should I be trying to fit the above in somewhere?

keepswimming

also in skeleton at point 6 I ve mentioned about excel being banned by dvla.

Coupon-mad

as for the insurance thing, I ve had named drivers but also several cars and change insurers when the cars have changed, so no documents that I could find, my cars have been used loads over the years by friends and family as long as they have there own insurance.

Yes, state that.

DoaM

keepswimming wrote: »

also in skeleton at point 6 I ve mentioned about excel being banned by dvla.

When did that happen?

keepswimming

ref dvla ban see link at post 91 just above

keepswimming

ok so I ve added and edited point 2 in the witness statement it now reads:

2. It is admitted that I was the registered keeper of the vehicle concerned, but the defendant denies being the driver at the time of the supposed event. There is no evidence of the driver and as this event has been resurrected from almost 6 years ago, it is impossible to expect a keeper to recall who might have been driving. In the last 6 year’s I have had several cars and changed insurers when the cars have changed, so no documents that relate to that time can be found. I have had named drivers, but my cars have been used frequently over the years by friends and family as long as they had their own insurance.
The defendant therefore puts Excel to strict proof that any contract can exist between the Claimant and themselves.



thoughts please

Loadsofchildren123

You don't need to file your skeleton yet.
The Skeleton is supposed to be a summary of your case, bringing together your defence and your evidence, cross referenced to the claim and their evidence, and cross referenced to the page numbers in the trial bundle which the Claimant has to prepare (in my case they had to do the court bundle 7 days before the final hearing). It's supposed to save court time because it largely replaces the need for you to make oral submissions. Outside of the small claims track Skeletons are ordered to be filed as standard, anything between 7 and 3 days prior to the final hearing. It makes your job easier on the day.

So concentrate on your WS and leave the Skeleton to one side and perfect that later.

keepswimming

I thought that was the case with the skeleton, and I can just submit the WS and evidence as is, I have evidenced everything in the bundle to date in the WS and skeleton and indexed the lot. I was going to submit the lot, then go through their evidence if they send it and argue it at the hearing.
I could hold out on the sending the skeleton until the last week and add stuff when they send theirs, not sure which is best.

Loadsofchildren123

keepswimming wrote: »

I could hold out on the sending the skeleton until the last week and add stuff when they send theirs, not sure which is best.

This one.
If there is provision in your directions order/timetable for the C to file and serve a trial bundle [usually 7] days before the hearing, wait for that to come then make the references in your Skeleton references to the page numbers in that bundle - that's the bundle the court will use on the day of the hearing. You want your cross-referencing to refer to the bundle the judge will be using.

keepswimming

good stuff LC123
so I don't mean to be numb in my next question (the way god made me) and just so I know I ve got it right

I send the WS and evidence/documents I will rely on now, then the skeleton defence I ve written goes to both of them 7 days before once I ve got their pack and added any points I wish to raise about what they are saying.

correct?

again thank you forum for helping and keeping me swimming in the right direction.