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Even better.

They ran away at first hint that they won't get paid.

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On 12/09/2019 at 18:36, king12345 said:

Even better.

They ran away at first hint that they won't get paid.

 

Well they already got paid a few bags through the home insurance, they earned plenty already, more that they are negligent and couldn't be bothered when it got slightly more complicated

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Standard General Order...the claimant (You) must represent your particulars of claim in more detail and be court compliant......inform the court of their error.


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Just seen your second post.....so the court are ware of the dates.

 

Can you post your particulars of claim here to check and we can redraft them.


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Hi Andy thanks for your reply just to let you know don't have the particulars of claim to hand but however the particulars of claim have already been sent to the court and the bundle of documents so therefore I am not sure what is the difference between a 'fully particularised particular of claims' and a 'particular of claims' solely

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More detail...in  depth...they want a further statement of claim.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16#16.4


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3 minutes ago, Andyorch said:

More detail...in  depth...they want a further statement of claim.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16#16.4

And what about the dates??

 

What is the deadline for the fully particularised partic. Of claim

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As quickly as possible according to post # 29 above.

  • Thanks 1

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9 minutes ago, Andyorch said:

As quickly as possible according to post # 29 above.

Hi Andy thanks again when you're right as per post 29 as quickly as possible however it does say as per the letter from the court that's if the fully particularised particular of claims is not received by 4 p.m. on the 12th of December the court has the right for the claim to be struck out so therefore the deadline has already been missed and the court should strike out the case

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It does but they have acknowledged their mistake in their response and informed you as your unable to comply with the deadline....submit ASAP therefore they will not impose the dates.


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they have accepted that it was sent out late and advised you to send it pronto with your reason as to whay it is late IN WRITING.

Now particularised POC, they want the whys  and  and also exactly what you are claiming in terms of cash and the legal reason for this,

Ie claiming £2000 for breach of contract, I employed bloggs and co to fit a new bathroom, they took £2000 in payment but failed to do any work contrary to the agreement between us dated the..

 

that sort of stuff

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hi peeps,

 

hope everyone is staing safe in these uncertain times.

Just a quick update, that the court has now allocated a hearing date 20th July 2020.

 

another update is that the defendant did make no response to the amended p.o.c dated 19th December 2019.....what implications does that have on the defendant.

 

Not expecting to much results from the case necessarily as previously discussed on here. But would like others opinions re the lack of response from the defendant.

 

Kind Regards

and warm wishes

 

BB

court russel 18 march 2020 redacted.pdf

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So the court Order dated 13 th Dec 2019 ordered that you the claimant submit a fully particularised particulars by 4.00pm the 12th Dec (court error) which you informed the court of and they were aware and obviously adjusted the time frame.

 

The defendant by 4.00pm 16th Dec 2019 must submit an amended defence that was CPR 16 complient.

 

An Hearing date was set for 4th Feb 2020 at 10.00am.

 

Did the hearing happen ? 

 

Why have you left it 3 months to update and ask advice ?

 

You could have done something about the non compliance if you had acted swiftly...but time has progressed now and the defendants non compliance will possibly be overlooked.

 

Given that your hearing date is now allocated and happening on the 20th July 2020 ...have you started work on the next stage...the courts directions ?

You could possibly raise the none compliance within your witness statement.

 

Andy


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3 hours ago, Andyorch said:

So the court Order dated 13 th Dec 2019 ordered that you the claimant submit a fully particularised particulars by 4.00pm the 12th Dec (court error) which you informed the court of and they were aware and obviously adjusted the time frame.

 

The defendant by 4.00pm 16th Dec 2019 must submit an amended defence that was CPR 16 complient.

 

An Hearing date was set for 4th Feb 2020 at 10.00am.

Hi Andy 04th Feb was set for hearing and allocations...not a full hearing! Ie the judge will look at the papers!

3 hours ago, Andyorch said:

 

Did the hearing happen ? 

NO 

3 hours ago, Andyorch said:

Why have you left it 3 months to update and ask advice ?

 

You could have done something about the non compliance if you had acted swiftly...but time has progressed now and the defendants non compliance will possibly be overlooked.

 

Given that your hearing date is now allocated and happening on the 20th July 2020 ...have you started work on the next stage...the courts directions ?

You could possibly raise the none compliance within your witness statement.

 

Andy

 

It is likely the defendant will not not turn up to the hearing as he has not bothered replying/ submitted a defence

 

Thanks for your response

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You must still comply with the directions stated in your Notice of Allocation (N157)...its irrelevant whether the defendant complies or not.


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1 hour ago, Andyorch said:

You must still comply with the directions stated in your Notice of Allocation (N157)...its irrelevant whether the defendant complies or not.

 

Yes have fully complied, that's all been done within the specified time frames!

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hi there, just a quick one and was wondering if recordings made in the presence of the defended without their knowledge are admissible in the small claims court...I am getting the transcript and certified documents aposteeled ready for court...Just wondering whats peoples' thoughts on the matter are?

 

best wishes

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I don't see why not. If you are a litigant in person and you are using the recording for personal use then it seems fine to me. Of course the court would prefer to have the transcript but you should have the recording there just in case.

Using the recording for "personal use" in my view, means anything which is not published. Certainly if you are using it to defend yourself in a court then I would say it is definitely okay. If you are producing the recording to show that the defendant said X – when in fact they are saying they didn't then it seems to me to be very reasonable to use a recording to show that they are actually not telling the truth.

I think it would be a good idea to want the defendant in advance that you have the recording and that you have the transcript and that in court you will be referring to the statement that "X X X was the case blah blah".

I think it's important to be as transparent as possible. I certainly don't think that you should ambush the defendant with this in court. In fact before the hearing I would make it clear on your skeleton argument that you have this transcript and that you will be relying on it – and you can then give the words which were spoken. Also, in the court bundle which you should provide ahead of the hearing, you should provide the transcript and make it clear that it is a transcript of a recording. If the defendant then goes on to deny that he or she said those words, then I think that you are entitled to ask to play the recording. However, you would have to ask the judge's permission. In my young be an idea to provide the defendant a copy of the recording ahead of time so they can consider their reply rather than walk into a trap. If the words that they said are sufficiently important then it might even bring an early end to the dispute because the defendant might realise that they will have to put their hands up.


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You could of course refer to "the recording I made for my own notes" in your witness statement. If there is a discrepancy ebtween the recollections of what was said you could ask the judge if your could refer to the recording ... just listening to it yourself, and then say "the recording I made confirms my recollection".

The other side can then try and claim your recollection is wrong, or that the recording doesn't say that, but hopefully they (or the judge!) will ask for it to be played ..... bingo.

 

If the other side tries to prevent it being listened to (by you, them, or the court....), don't say a word ... whilst it then may not be admissible, it shouldn't influence the judge, but they are human... hard for them not to be swayed if it comes down to "who do they believe".

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On 03/04/2020 at 22:57, slick132 said:

 

Hi Slick123,

 

thanks for you response, and yes indeed it is

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On 03/04/2020 at 19:28, BankFodder said:

I don't see why not. If you are a litigant in person and you are using the recording for personal use then it seems fine to me. Of course the court would prefer to have the transcript but you should have the recording there just in case.

Using the recording for "personal use" in my view, means anything which is not published. Certainly if you are using it to defend yourself in a court then I would say it is definitely okay. If you are producing the recording to show that the defendant said X – when in fact they are saying they didn't then it seems to me to be very reasonable to use a recording to show that they are actually not telling the truth.

I think it would be a good idea to want the defendant in advance that you have the recording and that you have the transcript and that in court you will be referring to the statement that "X X X was the case blah blah".

I think it's important to be as transparent as possible. I certainly don't think that you should ambush the defendant with this in court. In fact before the hearing I would make it clear on your skeleton argument that you have this transcript and that you will be relying on it – and you can then give the words which were spoken. Also, in the court bundle which you should provide ahead of the hearing, you should provide the transcript and make it clear that it is a transcript of a recording. If the defendant then goes on to deny that he or she said those words, then I think that you are entitled to ask to play the recording. However, you would have to ask the judge's permission. In my young be an idea to provide the defendant a copy of the recording ahead of time so they can consider their reply rather than walk into a trap. If the words that they said are sufficiently important then it might even bring an early end to the dispute because the defendant might realise that they will have to put their hands up.

 

Thanks for your response Bankfodder, very kind and really helpful,

 

am writing to the court, asking to counter the defence and as you say BF, to introduce the Recording and send a copy to the defendant. Cheers

 

Quote

 

22nd April 2020

 

Dear Sirs

 

Claim number XXX – v – XXX

 

Further to the General form of Judgment or order dated XXX, I confirm having received XXX defence dated XXX 

 

I am writing to inform the court that I intend to submit the following additional evidence before the hearing date of XXX.

 

  1. A detailed response to XXX’s xx 2020 defence document.
  2. certified Transcripts of audio recordings as part of my response to xxx defence.
  3. I will make the audio recordings available to the court during the hearings in case they are required
  4. The transcripts and recordings will have been provided to the defendant ahead of the hearing so that the defendant is completely aware and has an opportunity to make comments or objections either before or during the hearing.

 

It is my intention to submit the above to the Court and xxx on or before xxx 2020.

 

I look forward to your reply at your earliest convenience.

 

Yours Faithfully

 

 

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Have you sent this letter yet? If you haven't then there are a couple of things that you should add


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2 hours ago, BankFodder said:

Have you sent this letter yet? If you haven't then there are a couple of things that you should add

no BF,

 

hasn't been sent yet?

 

What would you suggest to include

 

K regards

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