Adidas/DWF Claimform - Supposed Non-Return of Refunded Items.

[AndyOrch]

[Nongki]

This is wearing me down now, seriously feel like they are deliberately trying to make me give.

At the hearing on 1st March I specifically advised I would be out of the country from 17th April until 8th May.

The judge noted this and said it wouldn’t be that quick.

Received trial date today and it has been set for 1st May !!!

I will, once again, have to pay for an adjournment as well as a trial fee of £123.

Including 2 days lost work, 2 adjournment fees and a court fee, I am at the stage where I am paying out almost as much as the initial claim

[AndyOrch]

Ring the court and inform them you specifically advised the judge you would be out of the country from 17th April until 8th May. Tell them to reschedule it no need for a further application ...courts error.

 

.

[Nongki]

Thanks, Trying to call them now

The court fee of course is paid by the claimant not me

[AndyOrch]

You would have to pay a further fee for the application unless you advise them as above which I have stated.

[Nongki]

I have been advised that I need to email the court, however, the clerk I was speaking to noted that I had made the court aware back in December that I would be out of the country for those dates

[AndyOrch]

[Nongki]

Hi

I am re-submitting my witness statement as I have added a couple of extra documents. This needs to be submitted by Thursday (14 days prior to court date on 20th)

Do I need to number this as 2nd Statement. Not sure if you recall but I issued my original statement when I didn't need to, about 2 months too early !!

 

[AndyOrch]

No it remains your main statement but add a cover note stating its been updated  due to submitting too early. Head it statement to replace statement dated xxxxx

[Nongki]

Thank You

 

[Nongki]

I have received an email in the last 10 minutes

4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay.

5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024 

It also includes a "Notice of Hearing" stating that the application hearing will take place on 13th June at 10.00am.  Confused as to whether I need to attend this ?

[jk2054]

Personally I'd go to it and object for the sake of it.

They have to attend anyway so I can't see you being liable for any costs or anything (if they try to ask for attendance costs,

just say that firstly it is their application,

secondly it is from their own making,

thirdly that they would have to come anyway so you shouldn't need to bear their costs.

When you turn up you should object on the basis that the witness has been in office since the time of the order, and could have done their witness statement in advance of their AL.

Their poor planning is not your fault, 7 days is too rushed for you as a LIP and there is no good reason that a company can't organise itself to sort WX in time.

Also they say finalise so they already have something, its not like they have nothing.

Their amendments cannot be so important if they are being added so late.

see what @AndyOrch says but that's my thoughts

 

[Nongki]

This is the full details, note they have made an error (1) in that paragraph 5 stated 14 days before hearing not 7. Surely a company of their size would proof read and shouldn't make basic errors like that

1) The Claimant respectfully applies for an extension of time to comply with paragraph 5 of the Order of Deputy District Judge XXX dated XX March 2024 i.e. the evidence upon which the parties intend to rely shall be filed and served not later than 7-days before the hearing.

2) The Claimant seeks a short extension of time allow them to further and properly investigate data provided to them by Royal Mail which is of importance to the proceedings and determination of the Claim.

3) The Claimant and Royal Mail have an information sharing agreement. Under the agreement, Royal Mail has provided data to the Claimant in respect of the matters forming the basis of these proceedings. The Claimant requires more time to consider this data and reconcile it against their own records. The Claimant may need to seek clarification and assurances from Royal Mail before they can be confident the data is correct and relevant to the proceedings i.e. available to be submitted as evidence.

4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay.

5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024.

6) This application is a pre-emptive one for an extension of time made prior to the expiry of the deadline. In considering the application, the Court is required to exercise its broad case management powers and consider the overriding objective.

7) In circumstances where applications are made in time, the Court should be reticent to refuse reasonable applications for extensions of time which neither imperil hearing dates nor disrupt proceedings, pursuant to Hallam Estates v Baker [2014] EWCA Civ 661.

It is respectfully submitted that the application is made pursuant to the provisions of CPR 3.1(2)(a) and in accordance with the overriding objective to ensure the parties are on an equal footing when presenting their cases to the Court. The requested extension of time does not put the hearing at risk and granting the Application will not be disruptive to the proceedings.

They have asked for extension

Because

2) The Claimant requires additional time to consider and reconcile data received from Royal Mail which is relevant to these proceedings against their own data and records in order to submit detailed evidence in support of this Claim.

Sorry, last bit

They had ticked that they wanted the application dealt without a hearing, so is there any relevance that a date and time to attend said hearing has been sent out ?

[dx100uk]

41 minutes ago, Nongki said:

They had ticked that they wanted the application dealt with without a hearing, so is there any relevance that a date and time to attend said hearing has been sent out ?

yes it means the court took notice of your N180 when you stated:

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

[jk2054]

dx is wrong there.

The reason they did the application with a hearing is likely that they had questions of the application that weren't answered in their wx.

nothing to do with your N180

8 hours ago, Nongki said:

This is the full details, note they have made an error (1) in that paragraph 5 stated 14 days before hearing not 7. Surely a company of their size would proof read and shouldn't make basic errors like that

no they are just saying that they want the extension to make it 7.

[AndyOrch]

What have you received from the court re this application...? Notice of Hearing... not from the claimant.

Its quite rare for this type of application but nothing sinister or underhand but annoying as they have had plenty time to prepare, it will be granted so pointless trying to object.

[Nongki]

Yeah, received an email from the court with subject “URGENT FILING” application for an extension of time

Nothing from claimant

DWF had emailed court on 31st May requesting extension

Is it best to attend / must attend

[dx100uk]

if you mean the hearing for the extension no..as andy intimidated by:

5 hours ago, AndyOrch said:

it will be granted so pointless trying to object.

 

[AndyOrch]

13 hours ago, Nongki said:

Is it best to attend / must attend

Does the notice invite you to attend ?

[Nongki]

NOTICE OF HEARING.pdf

[AndyOrch]

States you must attend so attend...you can just remind the judge of the claimants overall slackness throughout the claim but I would be surprised if the application is denied. 

[Nongki]

Cheers Andy

I have removed the PDF as didn't realise personal details were repeated further down the doc

[AndyOrch]