Obviously the Judge has taken time in view of his comments to actually read your statement....and also the point of their application for SJ/SO.

 

Wouldn't you think the Solicitor would already have a copy of the statement in preparation for the hearing...If you have already served one I wouldn't send another.

 

Very positive LS

 

Well done

 

Andy

Thanks, fellas.

Well it seems as if my statement has either gone astray or not been filed yet. I hand delivered it over 2 weeks ago but neither the judge not the solicitor had copies. I thought it might go against me but the judge was very non plussed. And as you allude to, he really seemed to take his time on every single page once he had my copy.

The solicitor asked to read my copy in the waiting room, which I allowed, and then said "yes, we're not going to come to an agreement, we'll wait for the judge". So they haven't received anything from either myself or the court - worth sending or no?

Did you not serve a copy on the solicitor when you filed with court ?

Did you not serve a copy on the solicitor when you filed with court ?

No, all I received was the Application notice from Shoosmiths which said I had to submit my evidence 7 days before the hearing but didn't specify to the claimant too. The solicitor mentioned it to the judge, but didn't really kick up a fuss about it and as said, the judge seemed fine with it.

I've received a date for the court hearing - 3rd September. No request for a formal response in the paperwork yet

There is ...its on page 2 of the N244 which you didnt upload...all responses (Witness statement) must be submitted not less than 7 days pre hearing

 

Follow the following thread.....exact same stage as you.....application for strike out/summary judgment

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?465360-Capquest-Drydens-stayed-Claim-halifax-Card-now-supplied-CCA-2-yrs-later../page3

Look at the above thread (Post #30) which I referred to earlier on in your thread (10th May ) there are 2 pages to an N244...at point 10 it always states how the defendant should respond to an application.

Your upload only shows 1 page and stops at point 5 of the N244.

Ah overlooked scanning that in - my page 2 is bereft of that sort of detail.

In fact it's bereft of a lot of detail!

Scan.pdf

Or signatures...no wonder the Judge was not impressed with their application.

Send them a copy then in case they raise it later...assuming they dont discontinue before hand.

Or signatures...no wonder the Judge was not impressed with their application.

 

Send them a copy then in case they raise it later...assuming they dont discontinue before hand.

Will do in the morning - thanks again Andy. Will keep you updated of any developments.

Or signatures...no wonder the Judge was not impressed with their application.

 

Send them a copy then in case they raise it later...assuming they dont discontinue before hand.

They've responded and asked for a signed and dated copy. This board has me paranoid about sending them anything with my signature on it - is the signed copy a necessity? I could just use a signature font.....

Just do an unusual squiggle ...they don't know your real signature

Hi guys,

Quick question for you.

The last communication I had from the Court is that the hearing was adjourned to the 18th Jan.

Since then Shoosmiths have sent two letters to me saying they they 'will shortly be in a position to file a further Witness Statement

- but in the meantime please fill in this financial statement for repayment'.

Have ignored.

However the 18th is imminent and no WS has been received.

What happens if they don't file a WS?

Does the hearing go ahead?

Thanks

what date did the COURT dictate it must be done by?

dx

The Order from the Court says 18th January. Nothing from Shoosmiths makes any reference to this date - all they've said is 'we will soon be in a position to proceed'.

is that the date of the hearing or the date of WS submission??

sorry on a small screen cant scroll for the minute

very high winds no main internet. using 2G tethering

It's a 'General Form of Judgement or Order' that I received back in September.

It states that the hearing is adjourned to the 18th Jan and the claimant may file and serve a WS no later than 21 days prior to the adjourned hearing, defendant 7 days.

I've not received a date of the hearing from the Court, but last time I only received the date of the hearing from Shoosmiths, not the Court, hence my caution.

I'll be in front of a scanner in a few hours, so can post up a copy of what I have then

well ring the court then and ask...

Definitely contact the court to ask if the claimant has filed a WS with them - to which you can advise them that you've not been served with one. Hopefully they've not done a WS yet. The court can also confirm if the hearing is definitely scheduled for 18th Jan.

Come back here and let us know the outcome ASAP, as the 7 day deadline for your own WS is looming.

Cheers guys.

Just spoken to the court and the hearing is still scheduled for the 18th but the lady I spoke to said that no WS has been filed by the claimant.

She said there is a backlog though, so it's possible it's 'in the system' (last time Shoosmiths were very persistent in sending me copies of their WS 3 times though)

She advised emailing the court to explain the situation so it's on file.

One week before my hearing and I've just received the WS from Shoosmith this morning!

Letter from the Court said that their WS had to be in no later that 21 days prior to the hearing.

They have dated it 10/01/19 - 8 days before - and I've received it on the day I have to submit my reply!

At least they've signed it this time!

I'll scan it in shortly

Shoosmith WS uploaded.

Is it normal for them to submit it THIS late?

I'm guessing I just go ahead and prep a reply and get it into the court asap?

From a first glance at their WS it seems like nothing new.

"Not ideal that it's been left this long but we've kept the claimant notified about the debt with the same letter over and over."

Court Docs.pdf

thread tidied

docs merged in 143

As you state....nothing new there or reasons to why they think they can make application to the lift the stay and also request Summary Judgment within the same application...they do not appear to have headed the Judges words and smacks of arrogance.

Fair enough to make an application to lift the stay......but it must proceed to trial and take its normal course....not simply request judgment without trial.

I dont see any need in you submitting anything further

Ok thanks, I'll get all my paperwork in order but leave off submitting anything.

Given how embarrassed their representative was at the way the judge dressed him down last time, I'm surprised they want to go the same route.

Have you uploaded all the exhibits referred to in the above statement ?

My scanner only took the first page - fixed now.

Court Docs 2.pdf

Court Docs 3.pdf

Everything printed out ready for tomorrow afternoon

- appreciate all the help getting to this stage guys.

I'm assuming the judge will ask why I haven't submitted a reply to their WS

- worth mentioning the tardiness of their submission or just stick to the fact that there was nothing new and the original reply still stands?

Court order stated you " may "...not that you had to......and their statement fails to address anything new or an reason for applying for Summary Judgement.

Summary judgment is a procedure by which any of the parties or the court can dispose of all or part of a case without a trial where:

• A claim or issue or a defence to a claim or issue has no real prospect of success and

• There is no other compelling reason for a trial.

(CPR 24.2)

An application for summary judgment may be based on:

• A point of law (including a question of construction of a document).

• The evidence which can reasonably be expected to be available at trial (or the lack of it).

• A combination of these.

(PD 24.1.3)

Best of luck for tomorrow...update your thread when convenient.

Andy