bw legal/excel clain form recieved

Coupon-mad

If you haven't done a skeleton yet then yes you can put one together and either file it before the hearing or take it with you (doesn't have to be filed in advance like a WS and evidence does).

keepswimming

great, I understand that bit, but I m still a little confused, I ve read gin and milks WS and a couple of others (great advice from coupon mad, thank you), and they seem to read like a skeleton argument, and in third person, and I m lead to believe the WS is in first person. I have my evidence, as much as I can muster, i can state events of what happened, a few facts and re bullet point my defence with referenced evidence, which seems to be what i m reading into others WS.
thanks

keepswimming

hopsfield was another WS that i read recently that also left me confused as to whether it was a WS and defence in one with appended evidence.
thanks in advance.

Coupon-mad

It should be separate (WS for facts only) but in small claims anything goes.

You could have a look at claretmad's thread where I wrote a separate WS and skeleton for him/her. It's linked in post #2 of the NEWBIES thread, where I've moved all the 'Small Claim?' advice this weekend, to separate it from the appeal advice in post #1 of that sticky.

keepswimming

i ll get onto that now thanks

keepswimming

hi Coupon-mad, I ve read your work on clairetmad's page and its really good, so big thankyou,

So I noticed a lot of what you put is very similar to my case, am I ok using what you have put for the most part, I will need to deleted bits and add bits of course, and append the evidence I have.

but all said it has striking similarities and would fit my situation.

I noticed you have said there is no point showing signs in place now as they would be different from the time of event, however the maps I have (google) and signs show sparse placement, hidden in some cases, and ridiculous wording, as of last year, even thought they are not from the time of events, they do look like they favour my case.

thanks again for your awesome work.

keepswimming

hi forum, I m in need of some help again, I ve received a letter from the courts at the end of march giving me a court date in June, in the letter it said documents needed to be in by...but there was no date. I called the court and they said documents need to be in 2 weeks before.

today I received the exact same letter (dated march) but with red pen on it firstly saying amended under CPR 40.12 and then a date for the documents to be in is now 27th of April, which is nearly 2 months early not 2 weeks.

I cant call the court until after bank holidays and I m left with a WS to write and hopefully post for critique and appending all evidence. it seems a little unfair to do what they have.

Does anyone know why they have changed it like this? and any suggestions on next move.

keepswimming

ok so I found CPR 40.12 and it may relate to the date missing from the first document, however, it still seems like the new date in 2 weeks for documents its very early when the court date is nearly 2 months off.

Lamilad

keepswimming wrote: »

ok so I found CPR 40.12 and it may relate to the date missing from the first document, however, it still seems like the new date in 2 weeks for documents its very early when the court date is nearly 2 months off.

write to the court 'FAO the presiding judge in the case of Excel vs [YOU] claim no. xxxxxxxxxx'

Explain that you initial 'notice of hearing' did not state when docs must be served therefore you reasonably assumed the standard rule of 14 days before the hearing applied. This was confirmed by a telephone call to the court.

You were therefore shocked to receive a revised 'notice of hearing' allowing you a very short period of time to prepare and submit your documents.

You feel as an unrepresented LiP up against a professional legal team of qualified solicitors this puts you at a serious disadvantage. Say you can think of no reason why it would be necessary for you to submit you bundle so far in advance of the hearing date and respectfully request that court use it's own case management powers to allow you more time to file the documents upon which you wish to rely.

Coupon-mad

keepswimming wrote: »

ok so I found CPR 40.12 and it may relate to the date missing from the first document, however, it still seems like the new date in 2 weeks for documents its very early when the court date is nearly 2 months off.

Some Judges want WS earlier than the usual 2 weeks before. I would aim to meet the date and not get the Judge's back up!