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i have a court date


sytra
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any help appreciated

 

I have a court date in Feb..

 

Now the District judge orderd on 27th Dec that all paperwork had to be delivered to both defendant and court 14 days before the hearing.

 

I got all my paperwork sent in and recieved by both the court and Defendant, but they have failed to send any paperwork to either myself or the court.

 

Is there anything i can to do to try and get their defence thrown out? will the judge refuse to use any paperwork they decide to bring to court (if any) as evidence?

 

Thanks

 

Sytra

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Hi, what bank is this, and we can have it removed to the relevant forum. now, if they havn't sent their court bundle you can try and have their case thrown out for failing to comply with a court order.

 

Dear Sir/Madam,

 

[You] –v- Your Bank

Claim No: ********

 

I write in relation to the claim as detailed above, and specifically the order made by District Judge ******* dated [date].

 

You were ordered by the court to by [date] file and serve the documents upon which your client intends to rely at the forthcoming hearing. For your reference, a copy of the order to which I refer is enclosed with this letter.

 

To date I have received no such documents and accordingly you are now in breach of the aforementioned court order.

 

Please note that the evidence upon which I intend to rely was both filed and served pursuant to the order of the court on [date].

 

Your non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which is contrary to the overriding objective. This imbalance is particularly exacerbated by the fact that you are specialist solicitors representing a powerful financial institution, whereas I am a litigant in person. I feel that your litigation should be conducted in a professional manner befitting of such a prestigious organisation.

 

In view of the above, I will request at the hearing that the District Judge gives consideration to whether your client's defence should be struck out pursuant to CPR 3.4(2)© and/or (b).

 

Please reply at your earliest conveniance explaining why you have not served the documents as ordered and stating by when I can expect to receive them, or alternatively, indicating that you wish to settle these matters without the need for a hearing.

 

I look forward to your prompt response.

 

Yours faithfully

 

send then this and copy in the court , send it recorded in both cases and fill in the bits at the top

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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