GEMINI/County Court Business Centre Claim

Coupon-mad · 12 February 2018 at 5:54PM

When did you send the court and claimant your own WS and evidence (NOT YOUR DEFENCE). The letter did tell you the date for both parties to exchange all the documents upon which you wish to rely?

The NEWBIES thread clearly tells you 'DO NOT THINK THAT DEFENCE IS YOUR ONLY JOB'!

Don't tell us you completely ignored that date? If you did, you need to get your WS and evidence together within the next 24 hours, ideally. Start by reading and copying from other similar claim threads.

Read the NEWBES thread post #2 and look down for the examples of WS and evidence.

It's not difficult, it's the story of what happened in your own words, 'I did this' plus tearing apart their own WS of rubbish (pull apart everything they say!) plus all the evidence YOU want to show. Numbered pages and numbered evidence, in a nice file for the court, take it in person with the claim number and 'WITNESS STATEMENT AND EVIDENCE FROM THE DEFENDANT' on the front.

DO NOT PANIC, ideally this should be with the court & claimant tomorrow but if you need another day or two, JUST USE THAT TIME and get it right and submit the WS this week!! No panicking, it'll be OK.

It's EASY to put together your WS and evidence so start right now as soon as you read this reply, get yourself back to the NEWBIES thread and search the forum for 'Witness Statement of truth' which should show some useful examples.

System · 12 February 2018 at 7:05PM

I submitted my reply to the directions questionnaire on the 7th November, we received back at date for the hearing as the 27th, the only other date mentioned in that letter (which came from CCBC) was a paragraph which says 'Unless the claimant does by 4.00pm on the 30 January 2018 pay the court the trial fee of 25.00 or file a properly completed application (i.e. one which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with effect from 30 January 2018'

There was nothing that mentioned any paperwork needing to be filed by the defendant other than point 7 which says 'Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing'

Until Gladstones paperwork turned up today we were not aware the case was going ahead. Fortunately Gladstones office is very local so I can deliver it. If the court will be happy its only a couple of days late that is even better. I will get on to it now

Coupon-mad · 12 February 2018 at 9:45PM

There was nothing that mentioned any paperwork needing to be filed by the defendant other than point 7 which says 'Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing'

Yes...so...that's what you had to do. By tomorrow...it's completely clear. By Order of the Court.

The NEWBIES thread told you this was your next job.

You would not have known if they paid the fee, no-one gives you a call to prompt you to do your side. Not sure what on earth you were expecting to happen. Let's see your WS and evidence.

Plenty of examples in the NEWBIES thread, easy to write. Think about your evidence numbering, and mention each item by number, in your WS.

System · 13 February 2018 at 12:19AM

I haven't done this before, so, given everything I did previously - i.e. Gladstones were notified after I filed my defence, I had to send notification to Gladsones direct when I filled in the Directions Questionnair, I assumed I would get something from either from the Court or from Gladstones that the new evidence had been filed as requested by the court. The CCBC online access doesn't work - I expect I should have checked over the phone, having said that, when I called CCBC today to check, the agent I spoke to seemed taken aback, to say the least, that I wasn't aware it was now with the Court. I am in the midst of the Witness Statement. Thank you for your advice.

Thinking about it, I couldn't do a Witness Statement dismantling their claims until Gladstones sent us the paperwork they are relying on, as the claim form didn't even provide a PCN - the papers received today from Gladstones contain the PCN, photographs and their Witness Statement.

Coupon-mad · 13 February 2018 at 12:29AM

I assumed I would get something from either from the Court or from Gladstones that the new evidence had been filed as requested by the court.

No. The NEWBIES thread tells you what the stages are, and you've been here for months.

The CCBC online access doesn't work

The NEWBIES thread makes it clear you don't use MCOL at this stage.

the agent I spoke to seemed taken aback, to say the least, that I wasn't aware it was now with the Court

I'm not surprised, it's been with your local court since the Notice of Allocation, which told you what to do & when. Of course it's 'with the court' it has been for several weeks and you need to do your part.

We will help you and if it ends up a day or two late it DOESN'T MATTER so don't worry.

logician · 13 February 2018 at 2:31AM

Laura_Anne wrote: »

Having filed the Directions Questionnaire, Gladstones were given until the 30th January 2018 to pay their 25.00 etc to take things further. Today all of their evidence arrived in the post, which included the PCN number which has never been quoted so far, along with photographs and witness statements. We did ask in the defence statement that if this were to happen we would ask for more time. How do I go about this? I have spoken to the Court who think it is too late to reschedule the date we were given, 27th February. Thank you for your continuing help and support

Laura_Anne wrote: »

I submitted my reply to the directions questionnaire on the 7th November, we received back at date for the hearing as the 27th, the only other date mentioned in that letter (which came from CCBC) was a paragraph which says 'Unless the claimant does by 4.00pm on the 30 January 2018 pay the court the trial fee of 25.00 or file a properly completed application (i.e. one which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with effect from 30 January 2018'

There was nothing that mentioned any paperwork needing to be filed by the defendant other than point 7 which says 'Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing'

Until Gladstones paperwork turned up today we were not aware the case was going ahead. Fortunately Gladstones office is very local so I can deliver it. If the court will be happy its only a couple of days late that is even better. I will get on to it now

You could have phoned the county court to check the Claimant had paid the hearing fee.

You can't pre-empt what a judge or court may think.

I would however either start or end your witness statement with an apology if this is slightly late -

Point out that you are an unrepresented litigant in person.

Make the point that the Claimant and their legal representative did not at any time supply you with relevant documents pertinent to the case prior to receipt of their Witness Statement.

Also include that as vital documents were not supplied to you either at pre-action stage or during the court process, you made a request for additional time to submit your witness statement after receipt of any further documents the Claimant provided.

NB a copy of the witness statement plus exhibits will need to served to Gladstones and a copy to Your county court - do not send to CCBC.

System · 13 February 2018 at 10:36AM

Thank you for your advice, may I ask how I submit video evidence?

System · 13 February 2018 at 10:46AM

The notice of allocation told me that it would only be allocated if/when all the information provided was sent to them by the Claimant with a deadline of 30th January - so I understood it wasn't a done deal at that time, perhaps incorrectly as the Claimant did not send me the info, which I was relying to compose a defence, as mentioned it arrived yesterday.

nosferatu1001 · 13 February 2018 at 11:21AM

VIdeo - cd/dvd/memory stick, and id suggest having your own method to view it on the day.

Fruitcake · 13 February 2018 at 11:38AM

nosferatu1001 wrote: »

VIdeo - cd/dvd/memory stick, and id suggest having your own method to view it on the day.

You could also ask the court in advance to provide a device to play your video. You will need to make sure you have told the court in advance you will be bringing moving pictures as evidence. You may also need to provide a copy to the opposition beforehand as well.

GEMINI/County Court Business Centre Claim

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