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Minster Baywatch / Gladstones Unpaid Charge

12467

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Perhaps the POC were poor and objected to, meaning that maybe the claimant was directed to provide better poc details, allowing the defendant to post an amended defence if they so wish ?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Could well be Redx.

    Vjr7411 will know the reason but for some reason hasn't told us.
  • Vjr7411
    Vjr7411 Posts: 30 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    I have no idea why they have sent this, as Im a total novice at this and have yet to hear anything back from anyone since returning the filled out quistionaire. I have attached the letter.

    20190805-102452.jpg
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Read the last part again

    You must comply with the judges wishes, which is either

    Confirm that you are wanting to rely on the original defence , in writing

    Or

    File a new defence, in writing

    Do one or the other in writing, to your court, asap

    This isn't difficult
  • Le_Kirk
    Le_Kirk Posts: 25,212 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    As suggested by Redx and KeithP it is likely that the court has required the claimant to (or the claimant has independently) file a new POC, since you allude to it/them in your defence point 8, in which case you are being given the opportunity to file an amended defence or to rely on one already filed. If you do decide to file an amended defence it must be exactly that - amended - by using the original defence and striking through in RED and deletions and adding in BLUE any additions/amendments.
  • Vjr7411
    Vjr7411 Posts: 30 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    Should I tell them to use my original defence or would this be the opportunity to present new evidence including my own pictures of the signs being obstructed by cars etc?

    I only ask because I was under the impression I would have chance to submit further evidence to support my claim, im just unsure if I do it now or at court?

    Thanks for the reply its really appreciated.
  • Le_Kirk
    Le_Kirk Posts: 25,212 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Only you can know that as you have (I assume) received new POC. Use everything now that you want to be in your defence - the legal/technicalities of it - but leave evidence to the Witness Statement stage.
  • Vjr7411
    Vjr7411 Posts: 30 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    No I have not received anything other than this letter since I returned the questionaire.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    In that case study your defence and see if it can be improved

    If it can, do the red and blue amendments and submit it

    If not , send it again, unchanged, with a covering note stating that you still wish to use the original defence which you gave attached once more due to not receiving any amended POC

    Think carefully about which would be better
  • Vjr7411
    Vjr7411 Posts: 30 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    Should I be attaching my own images etc now or is this left until court?
This discussion has been closed.
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