Shoesmiths Claim Form For Natwest loan, 7 days to reply !

[DonkeyB]

Sorry, was soaking up the sun at Lord’s yesterday. (I often leave windows open on my Mac, so it may look as if I am here...)

 

I think you covered off most of their points – they haven’t really answered your central defence that they reneged on a payment arrangement.

 

Their WS also bears zero relevance to their PoC, which you have highlighted and refuted.

[dck321]

good morning

 

have just been away with the kids back last nite and have found a letter from the courts saying trial has been allocated to fast track and for both parties to give standard disclosure of documents by 4.00pm Tuesday 27th august court letter copies attached, can I ask for more time?

 

have received shoosmiths application notice statement which I will send in my next post

 

 

[ATTACH=CONFIG]46015[/ATTACH]

 

[ATTACH=CONFIG]46014[/ATTACH]

 

 

 

[ATTACH=CONFIG]46013[/ATTACH]

Edited August 23, 2013 by citizenB

[citizenB]

Why do you need more time ? Are you not able to fax/email the documents ?

[dck321]

[ATTACH=CONFIG]46019[/ATTACH][ATTACH=CONFIG]46018[/ATTACH][ATTACH=CONFIG]46017[/ATTACH][ATTACH=CONFIG]46016[/ATTACH]

here are copies of the loan agreements sent as evidence.

[dck321]

here is a copy of shoosmiths witness statement

[dck321]

yes i am able to email documents but i wasnt sure what i had to give?

[dck321]

[ATTACH=CONFIG]46024[/ATTACH][ATTACH=CONFIG]46023[/ATTACH]

 

here is an application notice from shoosmiths

 

all other documents are copies of bank statementsbut didnt think i needed to send them but i will if you like.

 

thank you for replying

[dck321]

[ATTACH=CONFIG]46046[/ATTACH][ATTACH=CONFIG]46045[/ATTACH][ATTACH=CONFIG]46044[/ATTACH][ATTACH=CONFIG]46043[/ATTACH]

hi

received these today in 2nd post!!

list of documets standard disclosure,

[dck321]

hi citizenB

 

 

I have just had more correspondence from shoosmiths and the county court

 

 

and am now lost as what to do now???

 

 

any advice out there would be welcomed

 

 

thanks in advance

 

 

dck321

[dck321]

this one also

[AndyOrch]

You have submitted a Witness Statement in response to their application for SO/SJ ?

 

Andy

[dck321]

no not specifically for the strike out since this letter was received

[dck321]

but have done a witness statement

[DonkeyB]

What is the basis for their claim to strike out? Was it attached?

[AndyOrch]

Look at your post # 207 you received a copy of their application application notice2.pdf application notice1.pdf

 

Your post today # 210 is conformation of the hearing for that application.

 

This runs separate to your trial timetable...and short cuts the process and dumps your defence if successful on the 15th.

 

You can submit a WS in objection which must be served not less than 7 days before the 15th on the Court/Claimant.

 

Regards

 

Andy

[DonkeyB]

Ah, thanks Andy.

 

You must oppose this. We’ve discussed at length the reasons why. If there’s any doubt at all, the judge should dismiss their application – a summary judgment hearing should not develop into a mini-trial.

[DonkeyB]

And you need to put your witness statement in today – it’s seven days until 15th.

 

Did you complete your pre-trial checklist, as ordered? If you didn’t that’s probably why they’ve gone for SJ.

[AndyOrch]

Reasons listed in 3. DB CPR 3.4 & 24.2 on their application dated 9th August 2013

 

Defendant is informed to submit a response WS CPR 24.5 (1) on said application.

 

Andy

[dck321]

so sorry this is all so complicated

 

 

what does ws stand for

[dck321]

sorry I know its witness statement

[AndyOrch]

WS = Witness Statement

[dck321]

should ny witness statement be the same as before or different

[AndyOrch]

You are defending their application for Summary Judgment /Strike out now so rather different to the one you prepared for your defence.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03

[dck321]

thank you

[dck321]

This is the order from shoosmiths:

 

The claimant seeks an order from the court that the defendants defence be struck out pursuant to CPR 3.4 and / or that the claimant be granted summary judgement pursuant to cpr24.2, in terms of the draft order atatched, against the defendant because the defendants defence discloses no reasonable grounds for defending the claim and or he has no real prospect of successfully defending the claim and there is no other compelling reason why the case should be disposed of at trial.

 

Can somebody help me with a witness statement as I am completely like a fish out of water now.

 

Luckily the count court is 5 mins from me.

 

I rang and have until 4pm to submit