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Excel & Elms CC Claim - Abuse of process
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Yes you can (as long as you're not a witness) ... take along a copy of The Lay Representatives (Rights of Audience) Order 1999.Jenni x2
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Thank you Jenni_D that’s great! Will go armed with it!
Im waiting to hear if it’s still going ahead tomorrow as it is a Non Priority listing.Nervous 😩0 -
And it’s going ahead!
I’ve had no WS from the C so they can’t just turn up with one tomorrow right? Will the judge just hear my side then?0 -
Excel have form when it comes down to not sending/receiving documents.
Nolite te bast--des carborundorum.1 -
Email the court NOW - or phone them first thing tomorrow - to explain that you've not received the claimant's WS, and request that it be struck out as they'd be ambushing you at the hearing. Request also that as the C will have no evidence to support their claim that a) the claim be struck out, and b) an order for your costs on the indemnity basis be given due to the C's unreasonable behaviour.Jackobi said:And it’s going ahead!
I’ve had no WS from the C so they can’t just turn up with one tomorrow right? Will the judge just hear my side then?Jenni x1 -
Hi Jenni, I’ve already done that and the judge said I can bring it up at the hearing. I don’t really understand, Excel have supplied nothing to me, not even the SAR I requested last year.0
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Hi Jenni, I’ve already done that and the judge said I can bring it up at the hearing. I don’t really understand, Excel have supplied nothing to me, not even the SAR I requested last year.
When you say ambush, does that mean they can turn up with a load of stuff and use it against me?0 -
No - I mean they can't do that - that's the very definition of ambush. And you must object very strongly if they try to use WS+evidence that has not been shared with you. Did the judge say whether the court had received their WS+evidence?Jackobi said:When you say ambush, does that mean they can turn up with a load of stuff and use it against me?Jenni x1 -
Oh right ok!The court on Thursday said they had not received their WS but the hearing fee was paid. I don’t know if they have sent one in now though.0
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Surely shouldn’t the judge say they can’t use it? Then again she didn’t strike out the claim either so Im baffled.0
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