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If the section 20 notice was served correctly and valid and is not part of the claimant's claim or particulars then I dont see a need to disclose it. Unless its directly connected to the arrears occurring then I see little point or argument. With regards to the N265 its mostly designed for the claimant and you as litigant defendant should only need to complete the box after the signatures box.(page 3) Simply number and list the docs , you can if you have referred to them as exhibits in your statement with numbers you have marked them as IE Exhib 1a 1b etc etc -
By Sarahswoes · Posted
Just came back from court. It's adjourned for a very short time. Drydens representative did not want to accept my Witness statement as I only sent it yesterday. She spent 20 minutes arguing with the Judge about it. The judge adjourned it at the expense of court only as they let me know 6 working days ago. The Judge gave an Order that the case is to be heard at the nearest available date and that no more evidence or changing statements is allowed. (But I'm sure Drydens can find a way around that if there are weaknesses in what I handed in)... The Judge said to use the rest of the hour to try to negotiate a settlement as it's such a small amount of money and a lot of court time taken. I stayed as he was nice and helped me out by adjourning at court's cost. The representative went to make a phone call and came back and asked me: Are you willing to enter in negotiation for a settlement? I said: what are you willing to offer? She said again: Are you willing to enter in negotiation for settlement? I said: I can't answer that as I don't know the legal repercussions. And she said: It's not a legal thing! I said to her I have to get advice on that and will let them know as my health is genuinely suffering because of this and not because I did anything wrong. -
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Ok so I should also list the e-mail communication where we offered the £400 per month as a payment plan ? Just need some help to complete the N265 as I don't think that all of the parts are relevant for a defendant ? Do we send our N265 forms (mine and partners) to just the claimants solicitors ? As mentioned the claimants draft directions stipulate that by 4pm on 16 May the parties must each give standard disclosure of documents by way of list by category. I read this as just to the solicitors and nothing to send to the court. We are still yet to hear from the court, but assume we would reference our local court on the N265 ? I want to try to send this today or if not tomorrow latest. I am a bit restricted as to what I can do in the office so apologies for all of the questions. Just anxious to meet the claimants deadline as per their draft directions.
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