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Help with Virgin Claim going to Court

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  • I agree with waamo's last post.
  • robatwork
    robatwork Posts: 7,268 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Agree with the "index everything" mantra. If you do go to court make sure you can remember as much as possible about your bundle.

    Bear in mind the first time the judge may see your evidence fully is in court, so something that's crucial you need to be able to say "please look at page 86d as it's evidence of all the phone calls I made to VM."

    It may even be the first time the VM lawyer has seen the evidence, if you're lucky.

    Have a bundle for you, the defence, the witness stand and the judge. At least.
  • halifaxmortgage
    halifaxmortgage Posts: 166 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    edited 4 February 2019 at 4:27PM
    Well guys, thank you very much. But what a timing!....In the last few minutes,


    I'm thinking that I should create a large document which is a bit like a dissertation or essay, which has a contents page and lists all documents. I can embed the photos within the document, but for videos, I would have to attach them separately to the email....what do you think?
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    All of it. If they don't see it and it comes to court you can't use it. They might as well see it all rather than piecemeal.
  • halifaxmortgage
    halifaxmortgage Posts: 166 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    edited 30 January 2019 at 1:13PM
    Well that's going to be a huge mission mate as there is so much! Although I can create a word document with the timeline/statement of truth, photos, correspondence, how do I include videos?

    Also remember I sent a "Without Predjudice" letter to the defence team to which they never replied? Where do I include that?
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Without Prejudice letters wouldn't be in your evidence pack (that the court sees) ... that's the whole point of it.


    Can you upload everything to Dropbox, index it all, send that index to the VM defence team and share the Dropbox link with them?
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    It's a massive no no to show anything with Without Prejudice in the heading.

    You can show Without Prejudice Save as to Costs as part of a costs order if you win. It cannot be shown as part of evidence.

    The whole point of them is they are part of confidential negotiations to end the case without going to court. If a court sees it then it wasn't confidential.

    They have no obligation to respond to them.
  • DoaM wrote: »
    Without Prejudice letters wouldn't be in your evidence pack (that the court sees) ... that's the whole point of it.


    Can you upload everything to Dropbox, index it all, send that index to the VM defence team and share the Dropbox link with them?

    Yeah, I guess I could do that, although that's exactly what I did last time too. I assume I would need to rename each photo and video file? This way if it got to courts it would be much easier to find the relevant evidence?
  • halifaxmortgage
    halifaxmortgage Posts: 166 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    edited 2 February 2019 at 9:20AM
    Hi guys,

    Sorry for such a late reply....I've been stressing over this since the afternoon. I felt that I needed to take my time on this as most likely this will be the last time I will make any changes to add/remove anything. I've so far done the following:

    1. The 1st screenshot - Created a basic witness statement - Not sure if it's correct or whether I need to add more content. I've simply stated on paragraph 5 that the reader needs to view file A1 which is the Statement of Truth/Timeline file...Is this okay? What would you add/delete or include?

    2. The 2nd screenshot is the Statement of Truth/Timeline file has all the events that have happened up to the point of my claim - Is this okay or does it somehow need to be integrated into the witness statement?

    3. The 3rd screenshot is showing the list of files which I plan to either attach or convert to one big pdf file. I have labelled them in alphabetical order, i.e. A,B,C or A1, A2 etc....is this okay?

    4. The 4th screenshot is an example of what the contents page would look like....any hints/tips would be very appreciated.

    *Url Removed*
  • I used to work for VM, they employ the biggest cowboys you can think of.

    They are also damaging peoples property and the cable should be at least 8 inchs below ground. VM guidelines, the contractors get paid per job, that means in and out as fast as possible so they can move onto the next job.
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