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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 there! 4. In the CPR for the court bundle, it says "usually" these are contained within lever arch files or ring binders. After 10 days, the court hasn't replied to my query regarding sending the bundle in a wallet with treasury tags. I would like to think they won't throw out my case if it's not in a binder, it seems silly really! I really don't want to send a binder overseas, it will be more delayed as I would have to send it as a package rather than printed papers due to the metal bindings. I hope the court with sympathize with this.
  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 having with them not replying.
  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 director herself, which is never answered.
  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 calling them. What happens if they don't respond? I have asked them so many times when we can exchange witness statements. Definitely sounds like something strange is going on!
  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 doesn't hurt to ask... I hope!
  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, I actually found it in a drawer and though it could be useful, but not vital.... Unless im missing something of course.... "You're not attending and are in the USA so the Court location isn't really relevant is it? Edmonton will have all the papers." - Yes, I am flying to the UK and attending the hearing at Edmonton County Court. I requested for somebody to attend on my behalf, but this was denied as the Defendant needs to cross-examine any witnesses. I was actually curious why the court changed, not that it's relevant, it's actually beneficial as it's closer to Heathrow. However, It would be nice to know why this happened. Despite this being very confusing for me and experiencing a challenging learning curve, I am enjoying learning about a whole new world I never imagined being exposed to. I agree!! I'm really hoping this thread can help others too! It has a lot of useful information in it that I struggled to find online. I'm kinda putting everything together as best as I can and hoping for the best! Here's to hoping the judge has sympathy (Empathy might be a bit of a stretch!)
  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 strict character limit on the Particulars of Claim, so it's very brief and pretty much just lists amounts which I paid and on what dates. I'm guessing there is no way to expand on this? In this case, it seems the Claim Form and Particulars of Claim are 'as one' - maybe it's different if not filing online? Do you think I could blank out my signature from the contract and include the blanked version on the trial bundle? I would be bringing the original to the hearing anyway. I didn't know if there was any rules with the tampering of evidence within the copy. Random Question (Not sure if I need a new thread for this...). My requested court changed mid-way through the claims process... 1. Your judgment against COMPANY was issued on DATE 2. COMPANY filed a defence on DATE 3. [in my allocation questionnaire, for the requested hearing venue, I made a statement to the effect of: "Leicester County Court. Reason: The Claimant is a party in person whereas the Defendant is a company. I therefore request that the claim is transferred to my local County Court as required under 12.2 " 4. Your claim was transferred to LEICESTER on DATE 5. I received a letter from Northampton County Court stating that my claim had been transferred to Leicester County Court 6. I received a letter from Barnet County Court stating that the claim is 'stayed' for potential Mediation 7. Defendant denied Mediation 8. Notice of Allocation to the Small Claims Track received from Edmonton County Court I requested Leicester, and now it's at Edmonton. Edmonton ended up being more convenient for me, but how did this happen? I'm really curious... It's like the Mediation set something astray. I hope Edmonton has all the paperwork from this?
  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 to rely on witness statements for the full list of events. What if there were no witnesses, do you write a witness statement for yourself? or just a very detailed Particulars of Claim? Notice of Issue My notice of issue is for Northamption Court (The defendant's Acknowledgement of Service and Counterclaim also references Northhamption). This is before it was transferred to Edmonton County Court. Does this matter at all here? Shall I just include them anyway? I don't need to forward these docs to Edmonton do I? I assumed this was all done automatically. Schedule of Loss It's very brief, kinda lists just two amounts that I paid (Deposit and first months rent) and MCOL fee. I could add flights to attend the hearing and other things, but I read online that I cannot claim these once the Notice of Issue has been given. Is this correct? Claim Form I filed out a claim through MCOL, so I'm assuming I just do a Print Screen of my claim on here. Claimant's documents/evidence I have an original signed contract which I didnt give back to the landlord for the potential tenancy. So this contract was never in place. If I submit a copy of this to the defendant's party, there is no way this can be abused in anyway is there? I also have a bank statement with my account details on. I read online that some index pages for trial bundles have a small clause which says: "to be supplied at hearing". Would this be applicable here? I have a rough index page together now, thank you so much for your help on this!
  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 they want in the trial bundle? I imagine they want their evidence in there as they counter claimed? or do I just slide their defence papers into it? lol - I have no idea why I would be responsible for their stuff, especially when they have a solicitor, unless I'm mistaken.... Here is an update though... I believe I have drafted up witness statements in the correct format now. I used the template I had provided above, and added a Statement of truth of the bottom. It looks like a statement of truth is pretty much "I believe that the facts stated in this witness statement are true." printed at the bottom of the statement with the witnesses signature underneath. I contacted Edmonton County Court and they have told me that I can give them notice via email which is great! I will ask them if I can provide them the trial bundle via email also as it would help of postage costs from the United States. I will update on that soon.
  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... (a) inform the other parties that the witness is not being called to give oral evidence; and (b) give the reason why the witness will not be called. (3) In all other cases where a party intends to rely on hearsay evidence at the final hearing, that party complies with section 2(1)(a) of the Civil Evidence Act 1995 by serving a notice on the other parties which How do I go about doing this? Is there a document I must create and apply unmentionable formatting to? Is this on this "Civil Evidence Act Notice" form that I cannot seem to find? This is far from straightforward! I have asked everybody from my family if they have any input but they are as confused as I am!
  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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