Claim Submission Form Received - Acknowledgement filed...now to prepare the defence

Coupon-mad

I am so bored of us having to say that.  Must put it in the NEWBIES thread...

gbbe

Received court date today in July. Witness statements to be filed by 14th April. I didn’t ever receive a directions questionnaire from the claimant. They are supposed to have served me with one just as I had to serve them. They also haven’t paid the court the £25 to submit the claim and have until June or the claim will be thrown out. 

The court is also recommending mediation which obviously would be pointless. 

Is there a reason why I have to provide a witness statement in less than 4 weeks for a hearing set in July? And why there is no deadline for the claimant to submit their witness statement to me only that they have to submit their trial bundle to the court no later than 7 days before the hearing 

Coupon-mad

This will be how that Judge/court like things to be done, so they get to see WS and document well in advance of the hearing (less chance for the court to lose them maybe).

 why there is no deadline for the claimant to submit their witness statement to me 

Yes there is; both parties have the same deadline for WS, surely, then both have the same date for you trial bundles (evidence)?

gbbe

Coupon-mad said:

Yes there is; both parties have the same deadline for WS, surely, then both have the same date for you trial bundles (evidence)?

It says I have to include ‘all evidence of the witness’ in the witness statement by 14th April and then only the claimant shall file a trial bundle 7 days before the hearing so they want my evidence in the witness statement and then nothing further from me?

 Also do I mention I haven’t received a directions questionnaire from the claimant when completing the witness statement?

gbbe

This is what I received in terms of actions

Coupon-mad

 Also do I mention I haven’t received a directions questionnaire from the claimant when completing the witness statement?

Yes.  Plus all your evidence, photos, etc., and the usual stuff about the abuse of process and the Southampton & Skipton cases.

It says I have to include ‘all evidence of the witness’ in the witness statement by 14th April

To be clear, they have to do a 'Witness' Statement as well.  Normally all witnesses (them as well) have the same WS deadline.  So does it ONLY say 'The Defendant must include ‘all evidence of the witness’ in the witness statement by 14th April?

KeithP

Paragraph 4 starts: "THE PARTIES MUST CARRY OUT THE STEPS SET OUT IN THE TIMETABLE BELOW...".

It therefore follows that Paragraph 5 on that document clearly applies to both parties - the Claimant and the Defendant.

nosferatu1001

The whole of para 5 appleis to them AND to you. You need to clearly read these documents, and realsie the wording is precise. 
They ave to supply a full Trial Bundle as well, which is unusual - but good. These enhanced directions seem to be putting FAR more pressure on the claimant than you - especially the statemnt of truth which they will *not* like, as theyve started trying to call their WS "hearsay" to get around the perjury rules. 

gbbe

Okay so I received 'the offer' from the claimant (as expected) wanting to settle before court. They've offered £125 which is £35 less than their claim in court. They also threaten, if I don't accept their 'offer' they will use this letter to seek 'costs'.

It's funny that they can still manage to send me payment demands in the middle of a pandemic but not comply with the court process as I still haven't received their DQ.

I have just over 2 weeks to prepare my witness statement, I know it's unlikely to be looked at for months due to the Corona virus but I'm guessing the best thing to do with all my free time is comply with the courts wishes 

Umkomaas

but I'm guessing the best thing to do with all my free time is comply with the courts wishes 

Absolutely, don't let this slip from your grasp by going into sleepwalking mode.