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About consumer857

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  1. 1. I will scan the notice in and post it shortly! Just having a few technology issues with that at the moment! 2. In my directions questionnaire, I ticked a box that says I would rely on expert advice. However, I am not using this service any more. Would I need to notify the court about this change? 3. I actually managed to get a friend to visit the solicitors office in person and ask them why they were not returning my calls. Luckily, he bumped into the solicitor in person, so he was able to get the solicitor to exchange witness statements with me very soon afterwards. So good news
  2. The index bundle includes a witness statement from a person whom I won't know if they can attend the hearing until the bundle deadline has passed.... So it will be CPR compliant when I give the notice after i've delivered the bundle. (if that makes sense) I'm not really sure how I can exchange statements with the solicitor, even if at a later date. Chances are, I wont see them until the hearing and the exchange has to be done before then. So if I send them my witness statements now, I still wont receive theirs, and i still wont be able to include it in the bundle. That's the dilemma im ha
  3. It seems like the defendants solicitor is a one-person show (the solicitor is the director of the company) with a secretary answering the calls. I can't even count how many times I've called, but the lady answering keeps saying that the solicitor is away from her desk or on another call. I have left many messages, none to which are returned. I have looked them up online and the website claims they have a group of solicitors working for them, but their employee records show no employees. When contacting them through the website, it goes to an info email, which just forwards to the dir
  4. It's ok... I'm sure it's implied in there somewhere, nothing I can make sense of anyway! I have been trying to contact the defendants solicitor. I had an email response asking for my proposed index page, then literally nothing afterwards. I must have called over 100 times and emailed also. I feel like they are giving me the run-around! It's a one-person company (Edit). I really need to send these bundles out as the deadline is pushing very very close but the defendants solicitor has literally disappeared off the face of the earth. It's been almost 2 weeks and no replies after days of call
  5. I can see how the form: "Notice of Allocation" could imply the delivery of witness statements within the bundle, but it's by no means explicit at all and it mentioned nothing about exchanging. Thank you for pointing that out though I notified the court regarding the lever arch file and the paper size. I pretty much said I cannot source A4 in the US easily (all of the documents are slightly squished onto 8.5x11") and two lever arches would cost a fair amount to ship overseas. I asked if they would accept something a little lightweight, especially since my whole bundle is only 40 pages. It
  6. I received the Defence and Counter claim from them a while ago via postal mail (Sometime last year). I do not have their Directions Questionnaire or anything else in addition. They just said: "We will only require the Witness Statement of DEFENDANT dated DATE, to be included in the bundle." - Not really sure what to say about that! Shall I ask them for the other things? Are there any other deadlines or final tasks? I didn't receive any such letter about exchanging witness statements from the court at all. I wouldn't have known about unless the solicitor had told me!
  7. I have contacted the solicitor for the defendant. She asked if we can trade witness statements by email at an agreed time of day. Is this common practice? What if I change the content witness statement after sending it to them? They are only asking for the defendants witness statement to be included in the trial bundle. Do I save this communication with the solicitor and include it in the trial bundle, or is this over the top?
  8. Thank you for your response "No you can't alter or tamper with evidence by removing details. " - Ok, I wasn't sure as I was bringing the original contract to the hearing anyway... It was just a signature removal on the copy of it... As I posses the original contract, I could have scribbled out my signature before even considering going to court. I'm not really sure that submitting a signed original contract as evidence would be beneficial as the point of the case is that there was no contract in place and there as no agreement between the landlord and me. I'm not really sure why I kept it
  9. "You will not be able to file and serve the trial bundle by email. It must be a hard copy. " - Does this include issuing a hard copy to the defendant's solicitor also? "Yes you need to serve a witness statement for yourself. This is extremely important." - Okay, my Particulars of Claim is kinda formatted like a Witness Statement already, i'll give it a re-jig. Thank you Okay, I've logged into MCOL and I have downloaded my Claim Form. The Claim Form contains the Particulars of Claim as a section within the Claim Form. I remember when I first filed the MCOL claim, there was a very stri
  10. Thank you for the response! Because I do not have a solicitor and the defendant does have a solicitor, would is be better to ask them to prepare the trial bundle? I read this online somewhere..... I'm not sure if it applies here. Particulars of Claim My Particulars of Claim is three pages long in paragraph form. It details the whole claim and the process building up to the hearing and starts like a witness statement does by introducing myself. It's almost like a story, but 'to the point' and no waffling. I read online that the Particulars of Claim should be brief and evidential and
  11. Thank you for the responses. I read online that the claimant is responsible for making up the trial bundle. The defendant has a solicitor and mailed their defence to me during the MCOL stage. I haven't been in contact with them at all during the rest of the process. I also read online that I need to communicate with the defendant to organize what is included in the trial bundle? I was just going to include their defence that I received from them. I'm not sure how I go about this really, the hearing is in one month time. Is it typical for a claimant to call the defendant and ask them what
  12. I understand. I do have a witness, whom is coming with me to the hearing giving oral evidence. but I also have a witness statement from somebody who cannot attend (So this witness statement is hearsay evidence?)... so I'm not totally relying on hearsay evidence, but it is a part of my trial bundle. How do I give notice? What is the standard way of doing this? Shall I just email the court or phone them up? or just mention it in the trial bundle (Which they are both going to get any way?)
  13. Thank you for those links, I have been reading the CPR on justice.gov and it does clearly state what is required, I have been reading through a lot of it.... but it never really says the HOW part or the DOCUMENT FORMATTING which is required.... this is where I am struggling with putting this all together. This really throws me off... I don't see a form called "Civil Evidence Act Notice" or I don't see any mentioning of "Civil Evidence Act Notice". I have searched google for "Civil Evidence Act Notice" and it just links me back to the CPR or a askalawyer.com page. The CPR says
  14. Yes I'm going to post the bundles from there. Oh believe me, I have been googling. spent 6 hours last night trying to get my head around this. I wouldn't have posted here unless I was completely stuck
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