Preliminary Hearing Question

blueisthecolour1234

Hi all
I have a preliminary phone hearing next week and have a question around evidence. I've followed every step documented in the forum (really appreciate the time people put in here btw) and have received the claimant's witness statement and evidence today. I have not been asked to submit any evidence so far, only my witness statement, contact details etc. I have photographs which directly contradict the evidence provided by the claimant and would like to know if I should have submitted these already? My understanding is that the court would request the evidence when required but I'm a bit worried I've missed something. Any guidance would be greatly appreciated
Many thanks!

Redx

Your Court orders should tell you those details , a paragraph which usually says to do it say 14 days before , plus a court order telling you to give your details to the court for telephone hearings etc

Triple check your court orders , ring the court if necessary , do not sit on your hands , be pro active

D_P_Dance

Have you complained to your MP?

KeithP

Look again at your Notice of Allocation. The Notice that gives the hearing date.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those documents you intend to rely on are your Witness Statement and evidence.

Fruitcake

Evidence goes with the witness statement as exhibits, usually annotated with your initials followed by sequential numbers. As above, your court ordfer should tell you when to send it, but it is usually not later than 14 days before the hearing.

What is the name of the PPC please?

Please show us the scammer's WS and exhibits, especially the landowner contract.
Only redact YOUR personal data. I cannot stress enough how important it is that you pay attention to the words I have highlighted. Please also tell us if the scammers have redacted anything.

Do this asap so we can comment on it and you can hopefully include our comments in your WS.
Upload it to Drobox or similar. Ensure that the hosting site does not require a password for us to open it, and does not require us to agree to have our data harvested.
Make sure you don't use your real name, and ensure there is no other personal data/pics such as family photos. Believe me, it has happened.

blueisthecolour1234

KeithP said:

Look again at your Notice of Allocation. The Notice that gives the hearing date.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those documents you intend to rely on are your Witness Statement and evidence.

Thanks for your replies everyone. I've double checked my "Notice of Allocation to the Small Claims Track (preliminary hearing)". and there is definitely no paragraph requesting documents. There was an attached 'Contact Details Sheet for Remote Hearings' form which must be returned by 7 days before hearing. This only requests name and contact details which I have returned.

I have emailed the court today and they've replied "Please file any evidence that would supports your case. Please ensure all evidence filed remains under 50 pages. If it exceeds over you will need to send this in as a hard copy." Maybe I overlooked including exhibits at a previous step but checking the docs I have I cannot see any request to submit them.

I plan to resubmit my original witness statement and include the exhibit attachments today; is that the best approach?

Many thanks!

Le_Kirk

Yes, make sure you send your evidence "to accompany my previously submitted witness statement, in line with the e-mail that you sent to me on DD/MM/YYYY, requesting evidence and despite the fact it was not in the original letter".

Fruitcake

Show us their WS before you send yours as I requested earlier this afternoon. 

blueisthecolour1234

Thanks again. I've resubmitted with evidence attached. I will provide updates and further background as it progresses. Any advice for the preliminary hearing? Assuming I will have the opportunity to reply to the claimant's witness statement? As mentioned, my evidence includes photographs proving some of their arguments to be false.

blueisthecolour1234

Fruitcake said:

Show us their WS before you send yours as I requested earlier this afternoon. 

My statement was originally submitted months ago but without evidence. I have resubmitted with the evidence included. I appreciate your offer to review though. I based the statement on the template shared on this forum and included the facts of my case, which are actually very straightforward. Hopefully the hearing goes well next week. Will post an update.