Court date coming! - No Court Bundle.

[squeak20]

I have my court date on 13th August. I have been allocated to the Small Claims Track (Hearing) without filling an AQ as the judge did not issue them.
Was asked to return the court bundle within 21 days which I have done.

"Each party shall deliver to every other party and to the court office copies of all documents(including any experts' report)on which he intends to rely at the hearing no later than 21 days before the hearing."

HAVENOT had anything from Abbey. Can I now ask the court to throw it out?

Any suggestions please!!!!!!!!!!1

[charleyfarley]

Well as the abbey have failed to comply with a direction from the court, they have lost, adn the case will be struck out. However, the courts are very lenient with the banks, but you could contact the court for judgement now, or wait until 13th August to be more certain.

Or an e-mail to abbey explaining that they've missed the deadline, and to save time and money, would they like to settle amicably now

[Lula]

this is the letter to send to Abbey and copy in the court asking for judgement, you may also need to still attend, have a spreadsheet of your costs ready also, spell check it before you send it LOL

Dear Sir/Madam,

[You] –v- Abbey Plc
Claim No: ********

I write in relation to the claim as detailed above, and specifically the order made by District Judge ******* dated [date].

You were ordered by the court to by [date] file and serve the documents upon which your client intends to rely at the forthcoming hearing. For your reference, a copy of the order to which I refer is enclosed with this letter.

To date I have received no such documents and accordingly you are now in breach of the aforementioned court order.

Please note that the evidence upon which I intend to rely was both filed and served pursuant to the order of the court on [date].

Your non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which is contrary to the overriding objective. This imbalance is particularly exacerbated by the fact that you are specialist solicitors representing a powerful financial institution, whereas I am a litigant in person. I feel that your litigation should be conducted in a professional manner befitting of such a prestigious organisation.

In view of the above, I will request at the hearing that the District Judge gives consideration to whether your client's defence should be struck out pursuant to CPR 3.4(2)(c) and/or (b).

Please reply at your earliest conveniance explaining why you have not served the documents as ordered and stating by when I can expect to receive them, or alternatively, indicating that you wish to settle these matters without the need for a hearing.

I look forward to your prompt response.

Yours faithfully

[charleyfarley]

Blimey Lula,

you wrote that quickly

[Lula]

LOL dAMNED quick!!!

[squeak20]

Cheers, Can't I just write to the court and ignore Abbey, afterall isn't it another delay tactic?