NatWest taking me to court

[AndyOrch]

Hi Westy

 

Have a look at this thread towards the end N150 AQ

Above 5k yes Fast track

 

NatWest Keep racking up the interest - PART II

 

 

Regards

 

 

Andy;)

[AndyOrch]

Hi Westy yes thas fine just one point:-

E) Trail: How long: 15 MINUTES. this is what I put on the N244, is it ok to put the same on here??

 

Allow for 3/4 hours this is the trial length not an AN hearing.Court will advse if incorrect

 

 

Regards

 

Andy:)

[AndyOrch]

Cheers Andy, Just one thing more, can I send an unsigned copy to NatWest as I (along with others on this forum) am a bit unhappy about sending them a copy with my real signature on it?

Absolutly Westie

 

 

I wish you well with you case

 

 

Regards

 

Andy;)

[AndyOrch]

Hi Westie1

 

I'm not absolutely certain on this, but I don't think you are actually obliged to send NastyWest a copy of your AQ. I think it is done more out of courtesy than anything else.

 

Certainly in my case I did not not send HFC a copy of my AQ, conversely I did not receive a copy of theirs.

 

Cheers

Rob

 

 

Rob file and serve!

 

The Court expects each party to file their AQ at Court, and each party is required to serve a copy on their opponents. The exchange of documents between parties, is expected from the beginning of the case. So that would include AQ's, disclosure statements and pre-trial checklists as an example. AQ's are not confidential and if you don't send your opponent a copy, chances are they will file an Application Notice looking for your case to be struck out. The offending party would then receive a further Order giving them a last chance to serve the AQ by a specified date. If it's not done, the non-compliant party would lose the case.

 

If they haven't complied with Court Directions, that tells you they are highly unlikely to even turn up to argue their case! You have complied, so even if they did turn up, you can point out to the Judge all the things they have neglected to do! You might resent having to send things off their sols and file stuff at Court, when they're doing nothing, but if you're doing things right, nobody can fault you on your efforts can they?

 

I would insist on seeing a copy of my opponents AQ

 

 

Regards

 

Andy:cool:

[AndyOrch]

Hi Rob

 

No problem thats what this site is all about exchange of ideas and so fourth.The only reason i say to exchange is that on previous cases involved with if said AQ had not been exchanged I would have missed some very important points like witness statements etc which you are fully entitled to see and upon no seeing them would have lost the case.

The Claimants had a responsibility to serve on you a copy of their application and any supporting documents. Given that they have not had the courtesy to do this, because they are trying to gain an unfair advantage in the case, you are entitled to a copy from the Court. Any documents filed at the Court should also be served on the other parties in the case. The Court staff clearly do not understand the concept of "filing and serving" and are acting in a way that is prejudicial to your case. Given that the Claimants have made an application, you are entitled to see it, so that you can decide if you want to submit one also, then the Judge can consider both applications and make an "informed" decision.

 

If they continue to refuse you a copy, all they are doing is creating additional work for themselves and the Judge! Lets assume the Judge decides they can have a Summary Hearing. This will be communicated to you via an Order sent in the post. The Order gives either party (usually) 7 days to apply to vary/object to the Order. So you would then file your app notice, explaining in your letter that you were denied the opportunity to also file an app notice at more or less the same time as the Claimants, as they conveniently did not send you a copy. Furthermore, the situation was compounded by unhelpful Court staff, who on two occasions refused to provide you with a copy of said application! How on earth can either the behaviour of the Claimant or Court staff be said to be working in conjunction with the Overriding Objective as the CPR requires? Both the Claimant and Court staff are frustrating the legal process, one deliberately, one probably out of ignorance, but nevertheless this impacts upon your case!

 

You can report this to the Civil Section Court Manager,If he/she acts unreasonably, take the details to make a formal complaint, as this is unacceptable. The bottom line is, it's not your fault that the Claimants did not serve the app notice on you and the 1st you knew about it was in the AQ!! You should not be at a disadvantage because of the Claimants dubious practices! hence the need file & serve.

 

 

Hope that makes sence.

 

Regards

 

Andy