Witness statement served.......nothing received from Claimant

KeithP

gbbe said:

KeithP said:

gbbe said:

Surely if it does go to a telephone hearing the claimant will be unable to rely on any evidence from their witness statement as i have never seen a copy of it?

Why not read that thread that Ralph-y directed you towards?
You will then understand that you and the Claimant are required to agree on the total package of documentation that is put in front of a judge.

I have read the thread. I have NOT received notification of a telephone hearing.

I know you haven't received notification of a telephone hearing. You have already told us that.

But your question included the word IF.

You asked: "Surely if it does go to a telephone hearing...".

I answered that question.

henrik777

Call the court on Monday and ask if the witness statement has been filed and if the fee has been paid.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27/pd_part27#B

5  No party may rely at the hearing on any report from an expert unless express permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this Order and seek permission, giving an explanation why the assistance of an expert is necessary.

NOTE: Failure to comply with the directions may result in the case being adjourned and in the party at fault having to pay costs. The parties are encouraged always to try to settle the case by negotiating with each other. The court must be informed immediately if the case is settled before the hearing.





I'm not going to promise you that they won't get away with failure but that's the relevant rules.

henrik777

https://www.civillitigationbrief.com/2018/05/16/struck-out-for-failure-to-pay-the-trial-fee-well-you-may-not-be-court-orders-that-may-not-comply-with-court-rules/

Fees are explained here.

Redx

I would advise you to contact your local court until you find out the answers to your questions

due to C19 it seems that various new orders and directions are being put in place, I would advise you to follow them IF or WHEN they arrive, do not be pedantic or dogmatic, its a new ball game and we are all learning, but non compliance could cost you money

the MCOL system is designed to automate the initial processes, not when it arrives at your local court, whatever the matter may be and nobody here has told you or implied the whole process is done by MCOL, because its not and never was

Bargepole posted the sequence of events 3.5 years ago on here , listed in the newbies faq sticky thread, second post

https://forums.moneysavingexpert.com/discussion/5546325/court-claim-procedure-updated-october-2016/p1

and as Umkomaas says , you are asking legal questions about the judiciary on a parking charge free advice forum , so you are lucky that some people know enough to try and help you , but feel free to pay a lawyer if you are not happy

this is a consumer rights forum, not a legal aid forum

keep in touch with your local court , and follow any judges directions , the fact your hearing is in july gives you time to prepare, some people have already lost due to these new C19 changes , its a learning curve for everyone

gbbe

henrik777 said:

Call the court on Monday and ask if the witness statement has been filed and if the fee has been paid.

Good idea! thanks

gbbe

Redx said:

I would advise you to contact your local court until you find out the answers to your questions

thats what i will do

the MCOL system is designed to automate the initial processes, not when it arrives at your local court, whatever the matter may be and nobody here has told you or implied the whole process is done by MCOL, because its not and never was

it was my own stupidity i just assumed it was all logged on MCOL

and as Umkomaas says , you are asking legal questions about the judiciary on a parking charge free advice forum , so you are lucky that some people know enough to try and help you , but feel free to pay a lawyer if you are not happy

absolutely, its not just my hard work but everyone else's, everyone who proof read, tweaked and gave helpful tips. I think thats why I'm so frustrated, for me and for everyone that has helped me, because I have done everything correctly and the claimant has not.

keep in touch with your local court , and follow any judges directions , the fact your hearing is in july gives you time to prepare, some people have already lost due to these new C19 changes , its a learning curve for everyone

thats all anyone can do at the moment, the whole thing gives me anxiety, just when you think you know what to do/how to win... it changes

Redx

yeah , we know as life has completely changed and the government is playing catch up

your idea of a centralised logging system is a good one , but government is notorious for lagging behind, especially with I T systems and computerised projects , its taken them 4 weeks to get a relative of mine a brand new surface pro 2 delivered to work from home and deal with the massive backlog of recent U C claims, although it was delivered late they could not get it to work online and he was awaiting an IT troubleshooter to contact him, until it works he is paid for sitting at home not doing his daily job of claims handler for U C , never mind its been a flawed system for years , as are many other government systems (its bad enough that the MCOL system doesnt allow a direct upload of documents like pdf and word docs for example)

I believe the backlog was 1.2 million claims for U C last week, a massive increase due to C19 and the virus was the reason he was sent home as a vulnerable worker due to other issues in his life

DWP bought thousands of these laptops running windows 10 in order to allow people to work from home in the lockdown, or face the fact that little or nothing would get done , but setting them up with secure logins seems to be a difficult task , unlike the call centres they normally work in

gbbe

Redx said:

your idea of a centralised logging system is a good one , but government is notorious for lagging behind, especially with I T systems and computerised projects , its taken them 4 weeks to get a relative of mine a brand new surface pro 2 delivered to work from home and deal with the massive backlog of recent U C claims, although it was delivered late they could not get it to work online and he was awaiting an IT troubleshooter to contact him, until it works he is paid for sitting at home not doing his daily job of claims handler for U C , never mind its been a flawed system for years , as are many other government systems (its bad enough that the MCOL system doesnt allow a direct upload of documents like pdf and word docs for example)

i think i was just naive thinking everything was a lot more organised than it is, I know this is affecting everyone, hopefully it will sort out over the next couple of months to at least to some level of normality that we recognise

Coupon-mad

Did you read the post I wrote on that thread today, for people who have NOT yet been ordered to do a telephone hearing and exactly what to put to try to head the case off...posters at your exact WS stage? 

I know you posted it already (quite right) and so have loads of people. 

BUT I am suggesting a new tactic by email for people in your position. 

All you need to do is add a line where I talk about them 'not complying with the CPRs' and point out that this Claimant has also now missed the deadline for witness statement and evidence anyway, which is even more reason for a court to consider striking the claim out.

The aim is to either get strike outs (great!) or at least avoid a sudden Order in early Summer, pushing people to agree to the case being heard 'on the papers'.  The email I wrote clarifies all of this.

gbbe

Coupon-mad said:

Did you read the post I wrote on that thread today, for people who have NOT yet been ordered to do a telephone hearing and exactly what to put to try to head the case off...posters at your exact WS stage? 

Yes I thought it was something I should potentially send in a couple of weeks when we are nearer to the hearing date as I don't want to prompt them to look at my case sooner?

I guess that's ultimately just burying my head in the sand, but I was hoping for things to be back to some normality by July.... Wishful thinking I know!