UKCPM Small Claims Track

Redx

Pahars said:

Hi Redx - thanks for responding. 
The next communication i received was via paper last weekend for the rescheduling of the hearing, which is one page and included were two pages titled Remote Hearings by Video :Notice to the Parties.

So have I not received something or is this standard process now with the onset of COVID-19? Should I contact the court for further clarification?

And as I pointed out , you should have been following the telephone hearings thread by coupon mad that she wrote a few months ago for all telephone hearings due to covid

It's my assertion that you have sat on your hands and done nothing , nor queried the court order (or not read it properly, we haven't seen your papers) , plus I do not believe you have read that thread despite me telling you to do so

If the claimant has sent you a witness statement , it's clear they know the details

The original postponement may have given deadlines , meaning I do not think you read it properly , probably on the back !!!

We recently had a thread where they lost due to not meeting the deadlines which were on the original court order , the judge said they were inadmissable due to not being filed in time

The defendant checked the original court order , and there they were , deadlines

Your current predicament is almost the same as the one that lost , not keeping an eye on it , not meeting deadlines , not reading the court orders , not following the telephone hearings thread

KeithP

Pahars said:

Hi all - my small claims track hearing has been rescheduled for Friday 28th...

Rescheduled from when?

By making that statement, it is clear that you received a hearing date some time ago. It was that Notice that instructed when you needed to file your Witness Statement and evidence.
You need to re-read that Notice. You will see that there a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those documents you intend to rely on are your Witness Statement and evidence.

Pahars

Thanks for the responses. 

So original hearing date was 26th May - postponement was only communicated to me in response to my email enquiry to Willesden County Court and this was done a few days before the May date. 

 I now see on the back of the original court order, the detail about witness statements being submitted 14 days before the hearing and I did receive a witness statement from the claimant. My mistake in not reading this and also not reading all the detail in the newbies thread about what to do once the defence has been filed. I have emailed the court to see if I can submit a witness statement now, given the date has changed and I have had less than 14 days notice but I guess this is probably unlikely.

 

In terms of the revised hearing date, I have read advice in the guidance about the bundle (see attached photo) and that I should make the first move, asking for details of what should be in the bundle. Should I continue with this and make sure my defence document is included for now whilst I wait to see if the court will allow me to submit a witness statement?

 

nosferatu1001

No need to email. Just do it! you're wasting more time and you cannot do so. Be active, not passive 

yes, when you file this bundle with the claimant you also say this needs to be in your bundle. 

KeithP

Yes, as nosferatu1001 says, file your Witness Statement and evidence NOW!!

The good news is that you have all night, until 8am tomorrow, before your filing becomes any later. 

Coupon-mad

I have emailed the court to see if I can submit a witness statement now, given the date has changed and I have had less than 14 days notice 

What? Stop faffing and asking for permission. @Pahars

JUST.GET.ON.WITH.IT. 

Now - get a decent WS & evidence emailed to all parties tomorrow. 

NOW! Wow - come on, there are examples in the NEWBIES thread and I wrote one here today, it looks like this but with your own facts and don't say you were not the driver, if you were (of course):

https://forums.moneysavingexpert.com/discussion/6102255/preparation-of-defence-hx-gladstones/p6

Or just copy/adapt ANY OTHER JACK CHAPMAN WITNESS STATEMENT from any other UKCPM thread.

Pahars

So I submitted my WS and all the evidence and I found out today that the claimant has requested an adjournment. Again, no notification from the County Court, just a reply to my email with my details stating there has been an adjournment. Any advice on next moves?

Le_Kirk

Has the adjournment been granted?  If not, nothing to do.  If it has, I guess you could write to the court (copy to the claimant) and object to the adjournment - with good reason though.

Pahars

The adjournment has been granted - no reasons were given. What reasons could I base my objection to the adjournment on?

nosferatu1001

Why did they need one? They're professionally represented and it's their claim.