Small claims court

Coupon-mad

Yep. The fact they have served theirs suggests they've read a deadline you've missed.

If you are certain that no date or deadline is stated for 'both parties to file and serve the evidence they wish to rely upon' then ring the court and ask if you have missed notification of a hearing date or directions.

Jenni_D

Le_Kirk said:

On your notice of allocation (letter from the court) was there a date by which you and the claimant had to file and serve witness statement and evidence?  There should also be a date by which the claimant should pay the hearing fee.

Yes. (We cross-posted)  

The actual wording will be something like "documents upon which the parties will rely" ... it won't specifically say Witness Statement.

chenyu

So this is the letter from the court i haven't been told to file any paper work 

KeithP

Can we please see the rest of that letter?
Is it a Notice of Allocation? 
If not, what is it? It surely has a title.

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.

Surely you were not waiting to hear from the court that the Claimant had paid the hearing fee?
You will not be informed of that.

Do not miss your deadline for the filing and serving of your Witness Statement and evidence.

chenyu

Thank you , im so glad I put this up it is the notice of allocation. And yes I was waiting to hear if they had paid, it does star on the back letter right at the bottom that I too have to enter my documents before a date. I haven't missed it but only by the skin of my teeth, I am getting everything together to submit today .

Le_Kirk

Jenni_D said:

Le_Kirk said:

On your notice of allocation (letter from the court) was there a date by which you and the claimant had to file and serve witness statement and evidence?  There should also be a date by which the claimant should pay the hearing fee.

Yes. (We cross-posted)  

The actual wording will be something like "documents upon which the parties will rely" ... it won't specifically say Witness Statement.

You are quite correct @Jenni_D but, at nine pages in, I assumed the OP would realise that was what I meant - always happy to be corrected though.

chenyu

Hi all I have sent all relevant paper work to the courts and apps, how do I know if it's going ahead on the 5th July ?

KeithP

chenyu said:

...how do I know if it's going ahead on the 5th July ?

Because the court has told you so, haven't they?

chenyu

The last letter said if the claimant pays xxx on this date then it will go ahead. Nothing has changed on the gov page the last thing that was there us saying was transferred to xxxx. 

Le_Kirk

Assume it is going ahead unless and until the court tells you differently.  There is usually a lag between the claimant paying the fee and the court acknowledging it.  Sometime the court gives too much leeway (IMHO) to the claimant who pays late!