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Browneyes1929

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  1. YAY!!! SUCCESS!!!!!!! Yet another win. I received notice from the court today that the case has been dismissed. That’s my last old debt. Thank you so much. When I get some extra money I’ll be donating. Any questions on Carey???? Pity the judge doesn’t give feedback, I was very proud of that witness statement (especially the work I put into it) even if it was a tad egg sucky. Now I’ll never know if it was accurate.
  2. I sent an email with a forwarded copy of the original one again. I had the presence of mind to call the court to check if Hoist had already filed the consent form and they haven't but the clerk advised me to cc them and she would put it with the file for the judge. So fingers crossed Hoist will do something.
  3. Hello just when I thought it was all done with, this rears it’s ugly head again. I sent the consent form by email in May and got the standard received and will sort your email responses. Since then not heard anything. Yesterday I got notification from the court of a new court date 12th August with the hearing to be conducted by phone. It also asked for all relevant witness statements and relevant info to be sent 14 days before. Does that mean I need to send everything again? And what about the consent order and their letter? Can I introduce that? Should I email Hoist and ask what’s going on? Could really do without all this stress.
  4. I see ish. I didn’t know if it had anything to do with the interim order where the judge adjourned the hearing so I could submit the further witness statement and the claimant respond. Plus she also stipulated in point 5 “the costs of today be reserved to the next hearing”. Just had a quick google and came across this if it’s relevant. I’m having a sluggish day today so not sure if I understand it properly. https://www.lawgazette.co.uk/news/settling-the-efficient-way/34659.article
  5. Hi All today I got a letter from HC. It says. “We acknowledge receipt of your Witness Statement and thank you for providing further information regarding your health. Our client takes the issue of health very seriously and do not wish to cause any distress. Therefore, due to the information you have provided and purely for commercial reasons our client have advised that they do not wish to pursue the claim against you. Please therefore find enclosed a Consent Order for your consideration. Our clients are proposing to dismiss their claim on the basis that you withdraw your defence and there be no order as to costs.” the Consent Order says “upon the parties having reached agreement as to the following terms BY CONSENT IT IS ORDERED THAT 1. The Claim be dismissed. 2. There be no Order as to Costs. We hereby consent to an Order in the above terms.” So if I sign this 1. Does that mean they won’t take me to court again and they’ll leave me alone? 2. There aren’t any hidden legal pitfalls in this are there? 3. Were they really being understanding about my MS or was my Carey defence that good? So far I’m ecstatic. Also is it ok for me to email the signed copy.
  6. They should have sent the chasing letter before their filing date? They shouldn’t have assumed I hadn’t served it as it was filed with the court and they could have checked with the court so the court can now refuse to accept their response. ?
  7. So they should have filed something saying they hadn’t received my witness statement for them to respond to?
  8. I’ve just had a look at the practice direction and apparently I have to check with them what email to send it too in case their servers can’t accept the email. Not that it’s very big. Is that correct? Actually I’ll email first asking for an email address to serve to. apologies if I’m being pedantic but want to get it right. Also the witness statement they haven’t filed is the one the court ordered they were to file in response to the one they say I never sent.
  9. This latest letter has a different email a personalised one still unfortunately. Should I send it to that and should I copy it to the court?
  10. They didn’t comply with the court’s order? Not sure to be honest. Should I call/email the court and tell them that the claimant has written to me claiming they never received my witness statement by email and ask for guidance on whether it’s ok to send it again or something like that. I could include a copy of the email I sent to them with the long header info showing when and where it was sent to. I can also include a copy of the letter from my gp re my MS diagnosis. I’m not on disease modifying drugs but I am in the low to medium risk category as it’s an autoimmune condition.
  11. This morning I received this from the court. Basically putting off the case until after June 1st. It’s dated the 27th but the postmark on the envelope is yesterday’s. Not sure if I can apply to have it set aside or should I send the witness statement again to the claimant. I don’t want it to look like I didn’t send it in the first place although I can prove I did. Apr 30, Doc 1.pdf
  12. I’m still dithering as to whether I should ring the court? Would the judge have looked at my case yesterday or not? And most likely how will the court view these events? Will they side with the claimant and give more time or not?
  13. No I didn’t. See above as to why I didn’t go to the post office. And there is no general email that I can see. That’s the only one on their paperwork. If they were off, they should have had provisions made to transfer mail from email addresses they have included on legal paperwork. Plus if they were that fussed about it, why didn’t they write sooner than the day before the court date or check with the court if a submission had been made like I did? They knew the deadline that their submission had to be in by and that was the 1st April. I wouldn’t mind but I read Carey ALL POXY 59 PAGES of it with laryngitis as well as my usual MS fatigue. And all they can do in response is give a “my dog ate my homework” equivalent response on the day. Cheek of the them!!!! I’ve just realised L Holden is the person who wrote the claimants witness statement too. And I have looked on all their paperwork. That is the only email address. Before i indulge them (although i don’t think that’s fair) should I ring the court tomorrow and find out what happened today, ie if they filed that letter with the court or what the judge has done, if anything, today? And I’ve checked my case wasn’t listed on Courtserve for today.
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