Claim Form Received - Case Struck Out - Remote Hearing

Le_Kirk

It is a thread from 2017 and quite old. See NEWBIE sticky post # 2 for examples of WS. A skeleton argument is just that, a skeleton and therefore no flesh on the bones. It is supposed to be a bullet aide memoire for you and is used as a footpath through a complicated defence and WS. Unless your case is complicated you will probably be OK with just a defence (which presumably you have already submitted) and a well-written witness statement and evidence pack.

HeavyEvy

Hi Folks,

I've been working on my witness statement and keeping an eye on recent events, such as CEC16s thread.

There is still some work to do on my WS, I am not sure I have the structure right at the moment.

I need to print this on Friday 29th (at work because I don't have a printer) and deliver it to the court on Monday 2nd, so I still have time to refine it.

If you have time to review and provide feedback I would be grateful.

Thanks

Edited, later version below...

HeavyEvy

Folks,

How would you interpet this text in a lease/contract?

"Section 21 Regulations:
.....

To comply with such regulations as the management company may from time to time introduce with regard to the proper management of the development and the amenity areas"


Would you consider this so vague as to be un-enforceable?
How would it stand up under the Consumer Rights Act in relation to Unfair Terms?

It seems to me to be unfair in line with these, and probably others as well...

10 A term which has the object or effect of irrevocably binding the consumer to terms with which the consumer has had no real opportunity of becoming acquainted before the conclusion of the contract.
11 A term which has the object or effect of enabling the trader to alter the terms of the contract unilaterally without a valid reason which is specified in the contract.
12 A term which has the object or effect of permitting the trader to determine the characteristics of the subject matter of the contract after the consumer has become bound by it.
13 A term which has the object or effect of enabling the trader to alter unilaterally without a valid reason any characteristics of the goods, digital content or services to be provided

In my communication with the Management Agent they indictaed that Leases did not need to be varied because leasehodlers are bound by this regulation.

So although the PPC may not bring it up and I won't put it in my witness statement I want to be ready to counter it on the day.

Thanks for your help.

HeavyEvy

Hi Folks,

Been working on my witness statement, making sure i have all the evidence ready to print, highlighting the relevant points etc.

If anyone has time to look at the witness statement before I print it i'd be grateful...compared to some it seems to have way too much in there, but then compared to tohers it seems about the same.

Edited, new version done

HeavyEvy

Other questions I have...


If I understand correctly I can't add evidence later on. I haven't included things like the POPLA Report 2015 quote about PPCs not being able to presume the identity of the driver. Should I throw in a selection of stuff I might need even if I don't refer to it in the WS?
Can I just email the WS and the evidence to Gladstones? They didn't provide an email address on the claim form and the defence was only a couple of pages so it was posted.
If I do have to print it to send to Gladstones do I have to print the entire transcripts of those cases I refer to? Some of them are big and it seems unnecessary, but I'd print a full copy to take with me as my court pack.


Thanks again for any help you can give. Court date isn't until the new year, but WS needs to be in next week, nearly two months before the court date. I guess that's the christmas effect.


Although my WS contains a lot I think i'll still do a Skeleton Argument closer ot the actual court date.

Coupon-mad

Similar UKCPM threads - look out for the facsimile Jack Chapman signature:

https://forums.moneysavingexpert.com/discussion/comment/76536129#Comment_76536129

https://forums.moneysavingexpert.com/discussion/comment/76534924#Comment_76534924

If your evidence exhibits are large I would email them in several emails, but annoyingly I'd also post them 2nd class to Gs in case they say in December, that email is not acceptable, which will send you into a spin.

You do need full transcripts but NOT of the Beavis case (only paras 98, 193 and 198 as per CEC16's thread).

HeavyEvy

Coupon-mad wrote: »

Similar UKCPM threads - look out for the facsimile Jack Chapman signature:

https://forums.moneysavingexpert.com/discussion/comment/76536129#Comment_76536129

https://forums.moneysavingexpert.com/discussion/comment/76534924#Comment_76534924

If your evidence exhibits are large I would email them in several emails, but annoyingly I'd also post them 2nd class to Gs in case they say in December, that email is not acceptable, which will send you into a spin.

You do need full transcripts but NOT of the Beavis case (only paras 98, 193 and 198 as per CEC16's thread).

Thank you Coupon-Mad. Very grateful for the help you are providing to everyone here. :T

HeavyEvy

Witness Statement hand delivered to the court today. Also put a copy in the post to Gladstones.

The Court said they didn't accept documents and asked me to just put it in a DropBox instead. But as it was a ring binder it would have only just fit through the box and I was worried it wouldn't survive, so some kind employee took it into the post room. However, they didn't want to give me a receipt.

Should I phone/email the court tomorrow to make sure its been 'properly' received?

Le_Kirk

I think I would and I might be complaining that they would not accept it; how on earth do they expect defendants (or claimants for that matter) to deliver anything to a court if they don't accept documents? I bet they wouldn't print it all for you if you had sent it by e-mail.

HeavyEvy

So, the deadline set by the court has come and gone and I still don't have a copy of the claimants Witness Statement.

Should I give them a couple more days before I check with the court to see if the court have received a copy? Can I complain to the court that the WS hasn't been delivered to me yet?

I managed to get mine prepared, printed and delivered on time. But a supposedly professional organisation and their legal agents seem incapable of meeting deadlines.