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Help! DEFENCE due

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Comments

  • Le_Kirk
    Le_Kirk Posts: 25,905 Forumite
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    I suspect they offered mediation rather then mitigation.  If you get phone calls offering mediation or offers to settle at a lower amount, it is usually a sign that they are nervous and COULD discontinue - no guarantee.
  • Umkomaas
    Umkomaas Posts: 44,214 Forumite
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    What is the likelihood of the case being dropped at this stage of proceedings or is it common that it will now result in a hearing? 
    Some cases are discontinued, some proceed to a full hearing. Speculation isn't helpful, because a lot of it will be wrong. Work on the basis it will go all the way, then there are no illusions. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • Le_Kirk said:
    I suspect they offered mediation rather then mitigation.  If you get phone calls offering mediation or offers to settle at a lower amount, it is usually a sign that they are nervous and COULD discontinue - no guarantee.
    Mediation sorry not mitigation. Yeah I'm working on the premise that it'll go to a hearing, just curious I guess.
  • Should I have received a WS or any evidence the claimant will rely on? My WS is due to be submitted by Tuesday 9th (14 days before the hearing) but I haven't received anything from them, is that normal? Thanks
  • Le_Kirk
    Le_Kirk Posts: 25,905 Forumite
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    The claimant will have the same deadlines as you.  Expect them to push it to the limit and yes it is normal.  Do not miss your own deadline.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    It has to be RECEIVED by that date. Not sent. 

  • Fruitcake
    Fruitcake Posts: 59,528 Forumite
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    edited 7 February 2021 at 9:40AM
    As soon as you get their WS and exhibits, please post it here for us to look over, especially the alleged parking contract. Only redact YOUR personal data. If is too long to show it all, then post at least the first page showing the name of the (para)legal who wrote it, and the last page with the statement of truth and signature, plus the absolutely critical contract, and anything else of importance.

    If any part of their evidence, especially the contract, is redacted, please tell us. 

    If you get it before you have to send yours, then great. If not, send a supplementary WS asap after the deadline. The worst that can happen is that it is rejected by the court, but you will still be able to use if for reference at the hearing.

    If their WS misses the court complain to the court and ask for the case to be struck out for breach of the CPR. 

    Please also show us your WS.
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  • It has to be RECEIVED by that date. Not sent. 

    My hearing date is set for 23/02/21. When it says no later than 14 days before the hearing, does that mean 14 business days or total days including weekends? I calculated it as by the end of today.
  • Umkomaas
    Umkomaas Posts: 44,214 Forumite
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    It has to be RECEIVED by that date. Not sent. 

    My hearing date is set for 23/02/21. When it says no later than 14 days before the hearing, does that mean 14 business days or total days including weekends? I calculated it as by the end of today.
    It would have qualified 'days' if it was anything other than calendar days. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 159,355 Forumite
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    It's by 4pm tomorrow.  Two weeks before your Tuesday hearing.   They have the exact same deadline as you.

    Show us your draft of WS and your exhibits list and we can help tonight.  
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