Pls Help - Court Claim Received / Horizon/Gladstones / Office car park

Castle

Le_Kirk said:

You take copies for yourself as you have (or should have) filed and served on the court and claimant.  If you refer to evidence in your WS, then yes, you should take the evidence.  Some posters have reported that claimants turn up without defendant's WSs claiming never to have received them so take proof you sent it to them.  Also I have read that courts can also lose defendants bundles.

Probably due to Gladstones/BW Legal failing to forward them onto the "rent a legal".

Tinman45

thanks guys
Im doing a Cover page for the Court Bundle - would "Defendant Court Bundle" be the proper Title i use?
or will just "Defendant Exhibits" do?

Le_Kirk

Name and case number I would have thought would be all you need but if you put Witness Statement and exhibits as well, you are covered.  Just make sure you get a receipt if you are dropping it off.

Tinman45

Update: Handed my Witness statements and bundle in to the Court last week, well ahead of my Deadline which was last Friday
however i have not seen anything from the Claimant!
Is it likely the Judge will strike out the claim based on them not filing on time and sending me a copy?

Le_Kirk

Courts seem to be lenient with claimants (per reports on here) whereas they should be lenient on defendants  (amateurs) and hard on claimants (alleged professionals).  You could mention it at the hearing and ask for it to be disallowed and sanctions applied.

nosferatu1001

Did you ALSO serve the claimant your bundle by post?
Not likely, no. there is of course a chance
Have you checked with the court if they have a copy? Have you then written a letter to be put on file for the judge to see, stating you have not been served a copy of the Cs WS by xxxx date in breach of order of Y date?

Tinman45

i sent the Grabstones the WS/Supplementary and Court Bundle by email - which I also did for the Defense and DQ with no issue til now. Is it a rule that i had to post?
i emailed the court asking if they Rec' the Cs Bundle and WS and no reply - will call them now to ask 
if answer is no ill write the Judge a letter saying i havnt had anything from Cs

nosferatu1001

Technically ye s - its in the CPRs. However if they filed docs withyou via email, they cant really complain if you do the same. Just make sure you take along proof you sent it!
EVEN IF the answer is "no", still write
You can then chase up if you want. It might be prudent to, in casr the judge decides to adjourn...

Tinman45

Hi all ,
Update:
- Confirm that the solicitor recieved & filed my WS and Bundle - so no issues here
- Also confirmed that the Court has NOT received any WS or Evidence from the Claimant (!)
When querying this and the 14 day deadline (as stated in the transfer to Local Court hearing letter) they are being nonchalant and just telling me :-

"The only thing that the Claimant has sent to the Court since it’s been transferred to us, is the Hearing fee. We are also not in receipt of any witness statement or exhibits, so presumably the claimant is just relying on what was previously filed with their application."

so @nosferatu1001 - is it worth me writing this letter you advised on? Seems they dont even care about their own deadlines!

Le_Kirk

Yes, you should write a letter to the court, why should you be disadvantaged?