Help, got until 24th November to submit Defence for VCS

Leviathan747

Le_Kirk said:

Not sure you should be using the word "scammers" for your point 40!  Do you really need to include your defence again?  Surely you have already submitted that?

Which points do you mean re defence LK?

Amended: 40.  If a contract exists between VCS and LSH, I aver it states 2 hours free parking, so VCS have included a contract with a different company instead.

Le_Kirk

Your paragraph 6 states, here is the essence of my defence but it seems to go on for longer than an "essence"  Maybe it's just me!

Leviathan747

Le_Kirk said:

Your paragraph 6 states, here is the essence of my defence but it seems to go on for longer than an "essence"  Maybe it's just me!

Ahhh.  See what you mean.  That whole section is from gumgirl's Witness Statement and those headings are used through the whole document.  I know this is not strictly WS protocol, but it helps decipher which sections are where.  Perhaps they will be useful for the Judge too.

Coupon-mad

I didn't read it all as it's so long but change:

'codes of practise and ruling Act'
to

'Code of Practice and Statute and case law'

And don't mix exhibits and appendices, why do so many people do this just because in the template defence we call the attachments 'Appendix A, B and C'?  Obviously at evidence stage you change that to 'exhibit numbers' like all the rest and drop the word 'Appendix'!

Attached to this statement is a paginated bundle of evidence marked Exhibits A to K, plus Appendices A to C, to which I will refer.

Don't staple the proof of postage to the claimant to the 'front' of the bundle, how is that going to make any sense to the recipient court?  On the FRONT of your bundle (in a nice ring binder for the Judge) the first page needs to be your contents page of course, with page numbers listed, showing what is where.  

And on the front of the entire file (in unsmudged marker pen) and on that contents page header, put your name as the defenant, and the claim number and the initial proposed hearing date and time, saying 'witness statement of defendant' so it gets filed in the right place by the person receiving it.

And the last page in the bundle is your SUMMARY COSTS ASSESSMENT.

Fruitcake

I'm still confused by the timeline. The Excel contract is dated 28th of September with a commencement date shortly after, but the VCS letter is dated the 5th of December, meaning the Excel contract was in place first before the letter, and this is backed up by the change of signs.

Point 41, you should include the extract from Companies House I linked/quoted previously as another exhibit.

You should have a look at this as well. 

Amendments to the Civil Procedure Rules bring mandatory changes to statements of truth,

https://www.dacbeachcroft.com/en/gb/articles/2020/march/amendments-to-the-civil-procedure-rules-bring-mandatory-changes-to-statements-of-truth/

As for the court date, it is possible that you might be invited to do it by 'phone link. Under emergency CPR changes, both parties have to agree. This presumably means that if one party doesn't agree then a public hearing must be held.

Leviathan747

Coupon-mad said:
And don't mix exhibits and appendices, why do so many people do this just because in the template defnce we call the attachments 'Appendix A, B and C'?  Obviously at evidence stage you change that to 'exhibit numbers' like all the rest and drop the word 'Appendix'!

Paha!  Did wonder about this, cheers CM.  Had assumed it was by design, so that folk could slot it in as a stand-alone section anywhere in their bundle.  Remember that we know NOTHING!!    
Will amend in V7....

Leviathan747

Fruitcake said:

I'm still confused by the timeline. The Excel contract is dated 28th of September with a commencement date shortly after, but the VCS letter is dated the 5th of December, meaning the Excel contract was in place first before the letter, and this is backed up by the change of signs.

But the VCS signs were there in Aug 2018 and Excel were there in May 2019?

Leviathan747

Fruitcake said:

Point 41, you should include the extract from Companies House I linked/quoted previously as another exhibit.

Do you mean Pg 1 from here, listing the Directors: https://go.aws/2VMvhcA

Leviathan747

Fruitcake said:

Amendments to the Civil Procedure Rules bring mandatory changes to statements of truth

What is the relevance of this please Fruitcake? Remember that I have very little knowledge in this subject matter!

Leviathan747

Fruitcake said:

As for the court date, it is possible that you might be invited to do it by 'phone link. Under emergency CPR changes, both parties have to agree. This presumably means that if one party doesn't agree then a public hearing must be held.

So should I push for a public hearing in this event FC?  Come to think of it...the lady I spoke to did mention a phone hearing, but when she checked the case details, she said it would most likely be 'vacated' because it was Small Claims.