Questions about Schedule 4 of POFA

ihatetrump

OK I've had my response back from Northampton County Court on the question of why I haven't been given any directions and therefore my opportunity to file documents and a witness statement. Response as follows:

This is a standard paragraph that goes out on all orders of this type. On some cases there may have been previous orders for filing of statements etc. If you have not had any previous directions regarding filing of documents then you can disregard this and the Judge will address the future filing of documents etc   at the hearing. Because of the pandemic hearings are being listed in a slightly different way.

I haven't asked yet as to why the hearing is only 30 minutes. However, presiding is Judge Elsey who has already thrown out a claim from BW Legal for Abuse of Process (documented on the Abuse of Process thread), maybe he feels 30 minutes allows him 10 minutes to throw the claim out and then an extra 20 minutes on his lunch break?  (don't worry, I won't be so flippant when it comes to the hearing!)

ihatetrump

Just by way of update:
I still have heard nothing from the Court in Northampton about directions to submit a Witness statement (30 minute hearing 13/07/21)- should I be concerned at this stage? (I have already contacted the court - noted above with their response).
Further to my comment on 28th April and earlier instructions to BW Legal, they have now contacted me again yesterday by Text by saying I can avoid the Hearing by agreeing to make a discounted payment (no amount stated). They have then contacted me again by phone today and left a message to return their call - which I have not done as yet - are these their normal scumbag tactics? has anyone experience here?

Umkomaas

Normally the WS is to be submitted no later than 14 days prior to the hearing. But some Judges give a much earlier date (rarely with any rhyme or reason).  Given that your hearing isn't for almost another 2 months, I wouldn't be over-anxious, but, by the same token, don't fall asleep on it. 

If you've got your WS prepared, then it's just a matter of pressing the 'Send' button to submit it electronically to the court and the claimant's solicitors.  Delivered in a nano-second.

ihatetrump

Thank you @Umkomaas - much appreciated.
Yet another letter from BW Legal today elaborating on their text of yesterday and offering a 20% discount - an absolute waste of their time and effort in sending it - if you're trawling this site BWL, then make it a 99% discount and I'll put you in funds for £2.50 by the end of the day   

Coupon-mad

Ignore the phone calls from BW Legal.  Sometimes they ring to try to get people to settle, and then when the victim doesn't, often a discontinuance follows.

ihatetrump

So it's just over 5 weeks until my hearing and as noted earlier in this thread, no instructions as yet concerning how and when to file my WS. If I understand correctly, the WS is filed at least 14 days prior to the hearing? If that is the case, then that takes it back to 29th June - in 25 days time. Is there any minimum period allowed for preparation? The timing and lack of direction from the Court is a little perplexing to me.

Coupon-mad

The letter with the hearing date normally includes a point saying that both parties must (blah blah) not later than (date).

Fruitcake

I've never had a PCN let a lone a court claim, so unfortunately I can't help with court dates and deadlines.

What is important is that as soon as you get the scammer's WS, please post it here for the regulars to see. Only redact YOUR personal data, and tell us if the scammers have redacted anything.
Upload it to Dropbox or similar and paste the link here. Make sure access doesn't require a password or agreeing to have personal data harvested and processed.

ihatetrump

Thanks @Coupon-mad and @Fruitcake for your responses.

As noted earlier in my thread the letter with the hearing date (copy posted on 29th April) and their response to my query (posted on 30th April) offered no directions - only that the Judge will address the future filing of documents etc   at the hearing - absolutely useless and a waste of time then. 
Can a hearing proceed without a witness statement or without the opportunity to file one?

KeithP

ihatetrump said:

Can a hearing proceed without a witness statement or without the opportunity to file one?

Yes it can - well certainly the first part.

If the Defendant offers no evidence the court will be relying on the WS and evidence provided by the Claimant.

Why don't you just file a Witness Statement and evidence to avoid that possibility?