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bw legal/excel clain form recieved

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  • the reason i m trying clarify the issue is the court document simply says, 'each party shall deliver to every other party and to the court office copies of all documents (including any experts report) on which he intends to rely at the hearing no later than...

    at this stage I don't want to miss anything, i do really appreciate the help.
  • Lamilad
    Lamilad Posts: 1,412 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    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?

    Correct, although there is no set deadline for the SA as this is an optional document. 7 days is fine but some people submit 3-4 days before the hearing and that's also fine.
  • Lamilad is right.

    If the other side say that you shouldn't have served a Skeleton as there is no provision for one, just say that they are standard documents aimed at saving time, there's nothing new in it, it simply brings together all the strands of the Defendant's case and his response to the Claimant's case.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • great stuff thanks to all the above,
    I ll be posting BW pack tomorrow and hand delivering the courts pack, for good measure I ll email BW the pack also. and then prep for the next stage.
  • If you want to save money just email it to BW and let them print it off! You will probably find that they do the same to you (Gladstones always email them).

    Don't forget to keep a record of all your expenses including postage and stationery in case you claim costs later.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • i ve logged my time spent, which is a lot (I m not computer literate) and with paper, printing, postage, etc over the last 10 months or more its been expensive, I know I'll not get that expense back, but Its not the money, i would pay twice what they say I owe to fight them because it's doing what's right and not giving in to bullies.
  • Matthew87
    Matthew87 Posts: 64 Forumite
    10 Posts
    17. It is my belief that the Claimant's stated indemnity and additional costs are arbitrary and unsubstantiated and are an attempt at double recovery, which cannot be supported on the small claims track. Excel may rely on Chaplair Ltd vs Kumari to justify the additional costs, however Kumari can be fully distinguished from this matter, since that was an irrelevant decision about contractual fees set in lease terms, not 'costs' fabricated by this Claimant several years afterward the event. (Exhibit 21).

    What's Exhibit 21? Is it just a transcript of C v K?
  • yes it was.
  • hi forum

    So update for you all, D day for the WS statement was today, I sent BW there pack yesterday by registered mail, and emailed them the documents also this morning.

    this afternoon I went to the court to hand deliver their copy, (I pass it regularly so no trouble) after speaking with the nice lady at the desk explaining I had documents, she made a phone call and another nice lady came out to see me, and told me she didn't need the court pack from me as the case had been discontinued and that the discontinuance letter was in the mail. so I left with my pack.

    I assume that's it then. or can they decide to suddenly re continue, they only have till July then its past the 6 year point.
  • if it is over now, I would like to thank everyone that has answered my silly questions, and indeed those that answered other peoples silly questions that I got valuable information from reading their posts.
    and if it isn't quite over, I may have one or two more dumb questions.
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