I need help to Serve a writ to recover a loan

[AndyOrch]

Prob too late then to supplement...just pop them into your bundle ....what else do the directions state ...skeleton argument ?...or is the next hearing just a continuation?

[burmafriday]

OK will pop them in... would that not be risky?.

i am sure he's got some solicitor reading my docs and advising him

should I just bite the bullet and try and do a supplementary

Next hearing is trial

in last order it says "... both parties are to attend the hearing ready to proceed with the trial.."

 

but this stll depends on whether or not the D brings his proof of delivery of DQ and Disc Dox ...

the thing is even if he brings post office receipt as proof - where are the documents?

i still would not have seen them and yet he has had the advantage of having read all mine.

what if he brings the receipts but not the documents?

 

s there any way he can weasel his way out without producing the receipts and documents?

 

thanks Andy - sry to take up your time -

Best/BF

[AndyOrch]

You have time to do a bullet style Skeleton..which you can serve on the defendant (last min) and hand into the court on the day...and give the D a copy on your way in...you could refer to these additional documents within the skelly...then you have introduced them ...not officially but they are introduced.

 

I didn't tell you that.

[burmafriday]

Aw Andy - you are a star -

so how do i do that - pls give me an idiot proof, step by step instruction

how can i do this?

have never heard of ths and do not know this at all.

thanks Andy..really - thanks so much

BF

 

as i have to now remove all references to the payments my summary witness statement

[AndyOrch]

Do what ? draft a skeleton argument?

[burmafriday]

Yes pls Andy - you said "... You have time to do a bullet style Skeleton..."

i have never done one before

[AndyOrch]

Skeleton Argument ABRIDGED V.pdf[ATTACH]61793[/ATTACH]

[AndyOrch]

You need to add a case header like a WS but it does not require a statement of truth...and no attachments.

[burmafriday]

Sorry Andy - the link you sent does not open

pls resend

thnk you/BF

[AndyOrch]

Try now..the thumbnail

[burmafriday]

H Andy

thanks - ok i got it. and I get it.

my argument would be to enable me to show the list of payments made

to support my case. I really am going to need your help to pu this together if you dont mind.

so let me get back to you on this pls tomorrow as i really got to sort out the trial bundle to competition

before I drop.

thanks Andy - you are a big, bg help.

best/BF

 

hi Andy - is it always "no attachments" to a Skeleton argument?

will contact you tmrw.

thank you

good night

BF

[burmafriday]

Hi Andy

sorry - cannot get this out of mind and its seriously stressing me out.

 

i can put it in a skeleton argument but I shall need to attach these dox. as I cannot present them otherwise.

if I present these on the day of trial the D will want an adjournment on the basis that he needs to check with this bank statements

so pls do me a big favour and advise me how i can present these.

Are attachments in Skeleton argument not allowed?

 

whilst i have put in a strong argument these are records of my payments so this evidence really helps my case and they make it irrefutable.

i am so tempted to put this in the Dsc dox but i do not want to risk my case being tbrown out

I cannot believe my situation as i really could not find these documents last year when i was preparing this case at all.

 

I really would appreciate your advising me on this

again, sorry for being a a weed and a pest.

thanks Andy

all the best/BF

[burmafriday]

Dear Andy

i have now drafted the Skeleton Argument. i like to send it to you as a PM,

would that be OK with you.

 

I have to submit it on Friday and as i have been so stressed out, so i shall be most

grateful if you will have a look at it and add comments to it as you wish

thank you so much

BF

[AndyOrch]

PM received and response sent BF....

 

Andy

[burmafriday]

Hi Andy and Ganymede

 

one final question ...do i need to prepare a fresh application and take with me to have the Defence struck out if he cannot provide evidence that he had sent DQ and Disclosure docs?

I had already made this application in the last hearing

 

I can't thank you guys enough for all your help.

pls forgive me over the last few days as i really hv been a nervous tool bag.

You guys are absolutely magnificent.

thank you so much

all the best

BurmaFriday

[AndyOrch]

Hi Andy and Ganymede

 

one final question ...do i need to prepare a fresh application and take with me to have the Defence struck out if he cannot provide evidence that he had sent DQ and Disclosure docs?

I had already made this application in the last hearing No its too late and should not be required anyway...but out of interest what happened to your last application...was it shelevd pending the next hearing?

 

I can't thank you guys enough for all your help.

pls forgive me over the last few days as i really hv been a nervous tool bag.

You guys are absolutely magnificent.

thank you so much

all the best

BurmaFriday

 

Regards

 

Andy

[burmafriday]

Hi Andy

My last application to have the Defense struck out was adjourned to the next hearing ... i.e. one coming up now.

He must produce evidence that he had sent DQ and Disc Dox.

i checked with my local post office. They tell me that it is possible to produce a fake proof of postage but its really tough.

anyway - thanks so much Andy.

all the best/BF

[AndyOrch]

So that application is already being processed so no need for a further application

[burmafriday]

Hi Andy

thank you for yr msg.

one more question - at the hearing, the first thing would be for him to present evidence as required

so - shall i wait until this is done before i present my Skeleton Argument to D and judge?

 

or hand give the SA to D ? what is the correct form ? -

do i just give it to the D and then hand a copy to Clerk of court

to pass onto Judge?

do i do this before the hearing itself?

 

thanks Andy

all the best/BF

[Ganymede]

Hi Andy

thank you for yr msg.

one more question - at the hearing, the first thing would be for him to present evidence as required

so - shall i wait until this is done before i present my Skeleton Argument to D and judge?

 

or hand give the SA to D ? what is the correct form ? -

do i just give it to the D and then hand a copy to Clerk of court

to pass onto Judge?

do i do this before the hearing itself?

 

thanks Andy

all the best/BF

 

You should post it to the Court so it arrives before the hearing. A post it to the other side too.

 

Take spare copies with you in case the judge hasn't been passed a copy.

[burmafriday]

Hi Ganymede

thank you so much for your msg. I am sorry I have just seen your message

 

its too late to post now so i will hv to post tmrw in the morning by special delivery.

it will arrive Friday morning but i dont suppose they will get a chance to read it

 

i was just going to take it to the Court for Friday morning and hand them over as per the conversation/thread above.

I am afraid as i have not had much sleep i crashed this afternoon.

I will check everything through my Skeleton Argument again tonight and go send by Special Delivery tmrw morning,.

 

thank you very much Ganymede

i really appreciate your help

all the best/BF

[Ganymede]

Can you email/fax?

 

At this point I would take spares to give out on the day as you're too late to post now.

[burmafriday]

Hi Ganymede

thank you - good point - i will email to the Court.

i cannot email the Defendant as i do not have his email address, but may be i can email to a friend who can print out and deliver a copy to him.

thank you for your suggestion.

 

you dont think should wait till Friday?

i guess it shows that i am trying to contact ASAP.......

 

thank you so much

All the best/BF

[burmafriday]

Hi Ganymede and Andy

the email with my Skeleton Argument attached has been sent to Court

I do no have the D's email. so i will let him have a copy tmrw morning.

I will take spare copies with me as suggested by Ganymede.

Thank you, thank you, thank you again.

all the best/BF

[AndyOrch]

Best of luck BF