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Sick Of Legal Bullies

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  1. Thank you. I did listen, but the court advised me to submit an application to resubmit, which I did and the judge must have given it merit or they would not have scheduled a hearing. I do appreciate your help, but I also did not want to go against what the court advised.
  2. Because the claimant wrote to the court to say I had done it wrong, but also new information has come to light that affects the claim. I rang the court they say write in ask to add it to this hearing.
  3. Thank you. With regards to the witness statement, there is to be a 90-minute hearing following my application to amend/substitute a WS so I am going to add the non-disclosure onto this.
  4. A question on Disclosure. The claimant has failed to file any disclosure-can I complain to the court about this-if so how do I do this-is it just a letter to the court or on a form?
  5. Thank you, I contacted the claimants asking if they were willing to accept a substituted WS. They refused and said that they have written to the court saying I am in breach of directions and that I now need the court's permission to re-issue a WS. My question is do I need to send a copy of my application to the claimants or can I just apply to the court-then if/when permission is granted I then send a revised WS to the other side? Thanks
  6. Thank you for your help. This is a claim with Blemain (Together) always hardball.
  7. The other side are saying that I completed my Witness statement wrong in that I headed it Defence/Counterclaim and not a witness statement-and I will not be able to rely on this in court. I just wanted someone to advise which was the best way to proceed. Thanks.
  8. Morning, I have a Fast Track claim, and an LIP. I made the mistake of heading my witness statement-as a defence/counterclaim. The other side are playing heardball-and won't allow me to substitute-what do I do and how do I do it. Thanks
  9. Happy Easter. Does anyone know it the Unfair Contract Terms Act 1977 applies to a Commercial Mortgage Offer? Thank you
  10. Yes of course; Report post #10 Court directions state that 1. Evidence of fact to be dealt with as follows; All witnesses must serve on all other parties signed statements of themselves and any other witness on whom they intend to rely on inc civil evidence act notes......etc. Paragraph 4 Witness statements must; a. Start with the case and claim number b. Start with the full name and address of the Witness c. Set out the witness statement clearly in numbered paragraphs on numbered pages; d. End with this paragraph ‘I believe the facts in this witness statement are true. e. Be signed by the witness and dated. f. No permission was given for expert evidence
  11. Paragraph 4 is as stated above. Thanks for your response much appreciated.
  12. Sorry, I didn't mean to be vague, I hope this explains it better. The claimant is a well-known sub-prime lender who has featured on these forums quite a few times. I am concerned that they or their associates will be reading this so I don't want to jeopardise my case. The case against me was initiated in small claims and is now fast track. The lender is claiming full possession of my business premises as they say I am in breach of my mortgage terms and conditions-for disputing and non-payment of service charges which 'in order to protect their interest' they paid. (The service charges are in dispute) I am defending/counterclaiming-for the following: 1. No s146 was issued in respect of any alleged breach of disputed service charges-lender should not have interfered. 2. Excessive charges added to my account 3. A previous court order which was struck out where no costs to be added to my account has been ignored. 4. Unexplained solicitors charge added to my account. 5. When this mortgage was first taken out there was no additional T/C attached to the mortgage offer-The Mortgage deed does not follow this and additional T/C added. Therefore an Unfair contract has arisen (This is the bit they don't like.) Court directions state that 1. Evidence of fact to be dealt with as follows; All witnesses must serve on all other parties signed statements of themselves and any other witness on whom they intend to rely on inc civil evidence act notes......etc. Paragraph 4 Witness statements must; a. Start with the case and claim number b. Start with the full name and address of the Witness c. Set out the witness statement clearly in numbered paragraphs on numbered pages; d. End with this paragraph ‘I believe the facts in this witness statement are true. e. Be signed by the witness and dated. f. No permission was given for expert evidence The claimants are now claiming that my witness statement does not amount to a witness statement under cpr rules for ongoing proceedings between parties. They claim that my statement attempts to adduce new lines of Defence to proceedings. They do not agree and that they do not agree to any amendment and consider the pleadings to be closed in respect of these proceedings? Therefore, they say I have failed to provide a compliant CPR witness evidence and I am therefore in breach of paragraph 4 of the directions order-and I will not be permitted to rely on oral evidence at trial without express permission of the court. Hope this makes the position a little clearer.
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