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    • Letter from court is asking that I submit to the court and the other party no later than 14 days ahead of the hearing  a "witness statement?" I assume this will give more detail than the original defence I filed?   It states I must:   Start with name of the case and claim number Full name and adress of witness Set out witness evidence clearly in numbered paragraphs on numbered pages End with this paragraph "I beleive that the facts stated in this witness statement are true." be signed by the witness and dated    
    • Thank you. You shouldn't be claiming for the return of half the money. If you are claiming on the basis that this is an unenforceable penalty or an unenforceable unfair term, then the entire term of the contract. The void and unenforceable and there is no power in the courts to make an apportionment.  Therefore your claim must be for the entire £450. Personally I wouldn't allow them to get away with any unfairness. I'm extremely dubious about the other term which apparently allows them to take ownership of the dog if it is not collected within 14 days. They are only entitled to recover any administrative expenses caused by any breach – assuming that the breach is yours. Have you asked them to account for the £450 and to explain why this might amount to their administrative expenses? Of course it can't possibly do because as that is the full cost of keeping the dog then there must be a margin included in the £450 which represents their profit – otherwise there would be no point in them running the business. Of course, if the breach is theirs then they would have to return the £450 to you plus any other losses that they had caused you. For instance, if your daughter had been put to any loss which you had to reimburse her for then it might be reasonable for you to claim that as well. Let us know. Have you send them a letter of claim yet? If you want to be super-nice then you might offer them a small sum by way of administrative expenses as an alternative to forcing you into legal action. I would suggest no more than 70 quid – but I think first of all I would invite them to account for the £450 and explain why they say it equals their administrative expenses. I don't expect that you will get any reasonable answer and they will simply say that it is in their terms and conditions – but at least you will have something in writing from yourself – and then from them to show firstly that you have tried to be reasonable about your approaches to them and secondly that they are merely relying on terms and conditions and it has nothing to do with administrative losses  
    • Hi All,   I have recently received the  Letter Before Claim from Gladstones Solicitors,   I have previously appealled original PCN with One Parking Solution and  POPLA to no avail, despite my vehicle being recorded on the site 1-2 minute to turn around there and 3 minutes stopped at the entrance (not parked) so 5 minutes in total having pulled off the public highway momentarily. Not to park as advised to this rather nefarious company!   Would welcome the advice on what to do next please, Thanks in advance,   RATPCN  
    • I would suggest that you call UC and request mandatory reconsideration (MR) of the decision to pay the LCWRA arrears to DWP debt management towards this disputed Housing Benefit debt.   They cannot refuse the MR request.   Reasons for MR.   1) Housing Benefit debt is disputed and subject to Court Tribunal process.    2) The DWP decision makers letter to award the LCWRA does not mention any decision to pay arrears towards debts. UC are therefore making a decision, without informing of any legal rights they might have to act in this way.    When you make the MR request, ask to submit further evidence within the 30 days allowed. Then send copies of any dispute about the debt.   You could also contact the Council to see if they are happy for health related award money from DWP being paid to them. Send a complaint to Council that you are not happy with this.    
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Hi there people

 

Does anybody have either a link or information for in which order multitrack documents should be presented in County Court.

 

i.e when oppening the lever arch file, how should it read ?

All that I have found is a very brief two items;

 

First.Court documentation

Second. Evidential bundle

My claim is so much more than that, or am I reading to much into the term "evidential bundle" ?

Questions that I am asking myself

1 Court documentation

1a) Does it relate to everything,

a]Case Management hearing

b]Court Order

c]Notice of Trial Date

d]Allocation to Multi-track

 

2 Evidential bundle

a]A considerable amount of my information is undated, so how do I list that ?

b]Some of my documentation is taken from the public domain, though the date shows that is was taken after the event.

c]Letters between solicitors, do they go in a different section ?

 

Lastly, do I include the skeleton argument before the Court documentation ?

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You would normally agree a content,s list with the other party first scub...that's the usual way to paginate.

 

Regards

 

Andy


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You would normally agree a content,s list with the other party first scub...that's the usual way to paginate.

 

Regards

 

Andy

 

Thanks for your considered reply to the content of my thread

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PRACTICE DIRECTION 39A—MISCELLANEOUS PROVISIONS RELATING TO HEARINGS

39APD.3

Bundles of documents for hearings or trial

3.1 Unless the court orders otherwise, the claimant must file the trial bundle not more than 7 days and not less than 3 days before the start of the trial.

3.2 Unless the court orders otherwise, the trial bundle should include a copy of:

(1) the claim form and all statements of case,

(2) a case summary and/or chronology where appropriate,

(3) requests for further information and responses to the requests,

(4) all witness statements to be relied on as evidence,

(5) any witness summaries,

(6) any notices of intention to rely on hearsay evidence under rule 32.2,

(7) any notices of intention to rely on evidence (such as a plan, photograph etc.) under rule 33.6 which is not—

(a) contained in a witness statement, affidavit or experts' report,

(b) being given orally at trial,

© hearsay evidence under rule 33.2,

(8) any medical reports and responses to them,

(9) any experts' reports and responses to them,

(10) any order giving directions as to the conduct of the trial, and

(11) any other necessary documents.

3.3 The originals of the documents contained in the trial bundle, together with copies of any other court orders should be available at the trial.

3.4 The preparation and production of the trial bundle, even where it is delegated to another person, is the responsibility of the legal representative who has conduct of the claim on behalf of the claimant.

3.5 The trial bundle should be paginated (continuously) throughout, and indexed with a description of each document and the page number. Where the total number of pages is more than 100, numbered dividers should be placed at intervals between groups of documents.

3.6 The bundle should normally be contained in a ring binder or lever arch file. Where more than one bundle is supplied, they should be clearly distinguishable, for example, by different colours or letters. If there are numerous bundles, a core bundle should be prepared containing the core documents essential to the proceedings, with references to the supplementary documents in the other bundles.

3.7 For convenience, experts' reports may be contained in a separate bundle and cross referenced in the main bundle.

3.8 If a document to be included in the trial bundle is illegible, a typed copy should be included in the bundle next to it, suitably cross-referenced.

3.9 The contents of the trial bundle should be agreed where possible. The parties should also agree where possible:

(1) that the documents contained in the bundle are authentic even if not disclosed under Part 31, and

(2) that documents in the bundle may be treated as evidence of the facts stated in them even if a notice under the Civil Evidence Act 1995 has not been served. Where it is not possible to agree the contents of the bundle, a summary of the points on which the parties are unable to agree should be included.

3.10 The party filing the trial bundle should supply identical bundles to all the parties to the proceedings and for the use of the witnesses.

Kind regards

The Mould

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PRACTICE DIRECTION 39A—MISCELLANEOUS PROVISIONS RELATING TO HEARINGS

 

39APD.3

Bundles of documents for hearings or trial

3.1 Unless the court orders otherwise, the claimant must file the trial bundle not more than 7 days and not less than 3 days before the start of the trial.

3.2 Unless the court orders otherwise, the trial bundle should include a copy of:

(1) the claim form and all statements of case,

(2) a case summary and/or chronology where appropriate,

(3) requests for further information and responses to the requests,

(4) all witness statements to be relied on as evidence,

(5) any witness summaries,

(6) any notices of intention to rely on hearsay evidence under rule 32.2,

(7) any notices of intention to rely on evidence (such as a plan, photograph etc.) under rule 33.6 which is not—

(a) contained in a witness statement, affidavit or experts' report,

(b) being given orally at trial,

© hearsay evidence under rule 33.2,

(8) any medical reports and responses to them,

(9) any experts' reports and responses to them,

(10) any order giving directions as to the conduct of the trial, and

(11) any other necessary documents.

3.3 The originals of the documents contained in the trial bundle, together with copies of any other court orders should be available at the trial.

3.4 The preparation and production of the trial bundle, even where it is delegated to another person, is the responsibility of the legal representative who has conduct of the claim on behalf of the claimant.

3.5 The trial bundle should be paginated (continuously) throughout, and indexed with a description of each document and the page number. Where the total number of pages is more than 100, numbered dividers should be placed at intervals between groups of documents.

3.6 The bundle should normally be contained in a ring binder or lever arch file. Where more than one bundle is supplied, they should be clearly distinguishable, for example, by different colours or letters. If there are numerous bundles, a core bundle should be prepared containing the core documents essential to the proceedings, with references to the supplementary documents in the other bundles.

3.7 For convenience, experts' reports may be contained in a separate bundle and cross referenced in the main bundle.

3.8 If a document to be included in the trial bundle is illegible, a typed copy should be included in the bundle next to it, suitably cross-referenced.

3.9 The contents of the trial bundle should be agreed where possible. The parties should also agree where possible:

(1) that the documents contained in the bundle are authentic even if not disclosed under Part 31, and

(2) that documents in the bundle may be treated as evidence of the facts stated in them even if a notice under the Civil Evidence Act 1995 has not been served. Where it is not possible to agree the contents of the bundle, a summary of the points on which the parties are unable to agree should be included.

3.10 The party filing the trial bundle should supply identical bundles to all the parties to the proceedings and for the use of the witnesses.

 

Kind regards

 

The Mould

 

Now thats what I call a reply.

 

THANKS so much

 

This is EXACTLY what I was looking for.

 

Can I say it yet again.

 

Thanks

 

Regards

 

Tony

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