HELP WITH MY DEFENCE : GLADSTONES COUNTY COURT CLAIM

nosferatu1001

Yep, you still have work to do
You MUST know what happens next, because if *you dont*, and you miss a key piece of post and dont realise, *you lose*. No ifs or buts.

D_P_Dance

Indeed, these companies plat hardball, they can ruin lives.  

DebtHurricane

Thanks guys. I’ve read the newbies posts again and I’ll wait for the DQ to come, and make sure everything is filed on time. Easier to do in the current lockdown. 

DebtHurricane

I sincerely apologise that I started new threads on this- I genuinely have been in a mental health crisis for the last month and so my memory has been badly affected. 

I sent my Witness Statement to claimant and the court- and emailed the solicitors of the claimant today asking for the claimants bundle. 

They have replied with this:
‘We cannot see the Court have ordered a trial bundle be filed and served within the Notice of Allocation to the Small Claims Track (Hearing) and we are not in receipt of any further orders, please supply a copy of the Order you are referring to’

im genuinely confused now

Le_Kirk

1.  What caused you to send the WS to the court and claimant? 
2.  Did you receive an order from the court with a date for a hearing?
3.  On that order did it tell you to send anything anywhere?

DebtHurricane

1) I got a notification of allocation to the small claims track (Hearing) with a date. 

2) Yes, hence filing the witness statement to the court and claimant. 

3) The order says:
Each party must deliver to the other party snd to the court office copies of all documents on which that party intends to rely...’

’The documents to be sent to the other party and the court must include the statements of all witnesses (including the parties themselves)’

’The judge may refuse to hear the evidence or consider any statement of any witness whose statement has not been prepared and copied to the other party and the court’. 

From your questions it implies I’ve done something incorrectly? I followed the newbies guide and the paperwork sent by the court so I thought I’d done it correctly?

Le_Kirk

From your questions it implies I’ve done something incorrectly? I followed the newbies guide and the paperwork sent by the court so I thought I’d done it correctly?

Not at all, it implies that the solicitors are being less than helpful.  However, on your original claim form from the CCBC, who is the claimant, that is to whom you send the WS.  If it is the solicitors, send a copy of the notice of allocation and ask them why they are being obstructive.  Keep their response for evidence of unreasonable behaviour.

DebtHurricane

Sorry I wasn’t meaning to sound rude- thanks for your help. I just panicked. I did post my claim form directly to the claimant and then their solicitors then posted the claimants WS to me. 

So even though a ‘bundle’ isn’t mentioned in the notice of allocation- does this still mean they are supposed to compile a bundle with me? Sorry to be dumb but if they don’t do it, what does this mean for me? That my WS and evidence can’t be used?
I’ll definitely use the evidence as proof they’re being obstructive but do I just argue this with the judge on the day ?

DebtHurricane

Is there a particular thing I can quote to them? I’m not sure how to word it ??

nosferatu1001

WHy on earth do you think a combined bundle is needed? What ORDER from the court ORDERS such a bundle to be created? Or are you reading info about telephone hearings and thinking that appluies to a face to face hearing? Is your hearing face to face?