Court Claim - draft defence

NewBornBaby

It looks as though I mis-read the papers and missed the deadline for witness statement submission.  Hearing is tomorrow (4th Aug) - is it possible to apply to the court to get my statement heard?

Le_Kirk

Just get it in NOW and hope it is accepted.

NewBornBaby

Le_Kirk said:

Just get it in NOW and hope it is accepted.

Sent it last Thursday so am crossing my fingers.

nosferatu1001

You sent to both claimant and te court, as ordered, yes?
Be prepared - IF they are on the ball, no g'tee of that! - to be asked why it should be allowed in. You will have to explain that the claimant is not disadvantaged by late submission, it was a genuine mistake by an unrepresetned consunmer, first itme in court, and you ask the court to allow it.  

NewBornBaby

nosferatu1001 said:

You sent to both claimant and te court, as ordered, yes?
Be prepared - IF they are on the ball, no g'tee of that! - to be asked why it should be allowed in. You will have to explain that the claimant is not disadvantaged by late submission, it was a genuine mistake by an unrepresetned consunmer, first itme in court, and you ask the court to allow it.  

Yes sent to both.  Thank you.  Do I just explain this to the judge, or is there some other conversation prior to that to raise it then?

NewBornBaby

NewBornBaby said:

nosferatu1001 said:

You sent to both claimant and te court, as ordered, yes?
Be prepared - IF they are on the ball, no g'tee of that! - to be asked why it should be allowed in. You will have to explain that the claimant is not disadvantaged by late submission, it was a genuine mistake by an unrepresetned consunmer, first itme in court, and you ask the court to allow it.  

Yes sent to both.  Thank you.  Do I just explain this to the judge, or is there some other conversation prior to that to raise it then?

or do I just wait until asked about it.

nosferatu1001

- IF they are on the ball, no g'tee of that! - 

NewBornBaby

Disaster.  As my WS had not been filed in time* Judge struck out my defence and awarded full claim and costs to claimant.  Over £400.  Any experience of whether/how to appeal?  Thank you.

* My own fault for not sending WS in time I get it, information and system very confusing for this lay consumer.

nosferatu1001

You broke  a court Order. 
While harsh, striking out yoru WS is the usual sanction if a court is minded to apply the sanction.
Did the Order tell you any options? Usuaully as its made without a hearing you have 7 days to apply to contest it. Without documetnation we dont have a hope. 

NewBornBaby

I haven't received any documents from the court since the hearing. I'm confused because I received court papers in June saying "email documents at least three days before the hearing."