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4 years later I get a County Court Claim, what a privilege!

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Comments

  • Gili
    Gili Posts: 29 Forumite
    Second Anniversary 10 Posts Name Dropper
    Gili said:
    Is there any further information on the following:

    "Each part may file in court a concise written response to the documents served by the other party."

    I had a look in search and the FAQ an dI can't find anything on how the format should appear and ordering within the bundle? 

    Many thanks all. 
    Just to expand on this:

    I submitted my defence. 

    I've been served the the witness statement by the claimant. 

    I intend to write a response and bolt it on to my defence, bundle it with theirs and serve to all parties. Is this correct? 

  • Umkomaas
    Umkomaas Posts: 44,451 Forumite
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    edited 8 August 2021 at 10:09PM
    If the claimant has served their Witness Statement ahead of the defendant, that always rings warning bells. By what date did the court require you to submit your WS?  Often on the reverse of the court order. 
    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.

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  • Gili
    Gili Posts: 29 Forumite
    Second Anniversary 10 Posts Name Dropper
    Umkomaas said:
    If the claimant has served their Witness Statement ahead of the defendant, that always rings warning bells. By what date did the court require you to submit your WS?  Often on the reverse of the court order. 

    Mine is due tomorrow, so I was wanting to make sure my wording/formatting was correct. 

    The claimant also states they may not be able to attend and in that instance it wants the court to decide. 
  • KeithP
    KeithP Posts: 41,296 Forumite
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    On 29th June you told us:
    Gili said:
    The only information provided is that I should prepare copies of all documents I intend to rely on including any witness statements which should be sent to the court and opponent 14 days before the hearing. 
    And I responded...
    KeithP said:
    Gili said:
    The only information provided is that I should prepare copies of all documents I intend to rely on including any witness statements which should be sent to the court and opponent 14 days before the hearing. 
    Then that is what you must do.
    Did you file your Witness Statement and evidence in that timescale?
  • Gili
    Gili Posts: 29 Forumite
    Second Anniversary 10 Posts Name Dropper
    KeithP said:
    On 29th June you told us:
    Gili said:
    The only information provided is that I should prepare copies of all documents I intend to rely on including any witness statements which should be sent to the court and opponent 14 days before the hearing. 
    And I responded...
    KeithP said:
    Gili said:
    The only information provided is that I should prepare copies of all documents I intend to rely on including any witness statements which should be sent to the court and opponent 14 days before the hearing. 
    Then that is what you must do.
    Did you file your Witness Statement and evidence in that timescale?
    I am submitting it tomorrow within the timescale. I don't quite understand how the bundling should be conducted. Is it just bolted on? 
  • Gili
    Gili Posts: 29 Forumite
    Second Anniversary 10 Posts Name Dropper
    Update: 

    Just received a letter that it's to be adjourned to a date to be fixed. 

    I'm guessing during COVID things have dragged out a lot longer than it used to be? 
  • Coupon-mad
    Coupon-mad Posts: 162,202 Forumite
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    That’s good and means you have more time to prepare your witness statement and evidence.  This stage is fully covered in the NEWBIES thread but the example I link there is a bit old.

    Instead, look at the WS examples posted this year by @Nosy and @jrhys which show you the entire format and evidence exhibit lists.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Gili
    Gili Posts: 29 Forumite
    Second Anniversary 10 Posts Name Dropper
    Previous to my last post, the hearing was adjourned twice. The last one was supposed to be by telephone but I received no contact and thought it's been adjourned. 

    I received a letter by VCS saying the CCJ was awarded to them and they've sent their payment details through. They've also threatened with extra fees and debt collectors. 

    I've responded to correspondence with my local county court that were were promptly responding but I've not heard from them. 

    Would appreciate any insights on how to navigate this. Thanks
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Be sure to bring this to the attention of your MP.  My experience of the Court Service is that it is unfit for purpose, twice have they been forced to compensate me for their mistakes. 
    You never know how far you can go until you go too far.
  • Jenni_D
    Jenni_D Posts: 5,586 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    You need to phone the court (follow up with an email) that was dealing with this and ask them why they didn't call you as per the court directions you received. Demand that this judgment gets set aside (at no cost to you) because of the court's failings, and that the claimant is barred from any enforcement action in respect of the current judgment.

    DO THIS TODAY!

    Jenni x
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