Hello my name is ***** ***** I will help you with this.
When did you submit the statements please?
I submited with pre trail check list on 2/3/15 with without prejudice information defendant solicitor told to remove it . then I removed and submitted on 3/03/2015
But you said that the other side Solicitor says you have served a late statement ?
Have you served a statement late?
witness statement submission date was 20/02/2015. I have submitted my 2 witness statements on time but not claimants statement. This happened as I misunderstood or didnot realize claimants statement also comes under witness statement. Only realized while filling the checklist it stated witness statement included you.
Did you make an application for relief to the Court?
also 1st Defendants statement was posted on 20th, but I recieved on 22rd, 2nd defendants statement recieved on 27th. I didnot make an application to the court as I was not aware up until now. I do not have a barrister acting on my side and didnt know about this. Can I approach the court tomorrow and make an application?
You need to apply to the Court for relief from sanction tomorrow.
You need to complete form N244
There is a Court fee of £155 to pay
You need to say that you need relief under CPR 3.9, why you were late and the reasons for it
You MUST apply for relief otherwise you can not rely on a statement.
what best reasons I can put?
If Defendant has filed late they MUST also do the same, otherwie they can not rely
Therefore you need to seek permission asap
Can I clarify anything for you about this today please?
I dont know why you were late.
You need to put the reason why you were late.
Either you did not understand or ignored the Court order.
What best reason to give??
Either way the Court needs to be told why
I can't tell you the reason. You need to tell the Judge WHY you are late.
I can not tell you - this is what you should tell the Judge.
You need to be honest and tell the Judge what happned.
If you were late because you did not understand - say that
also they produced forgery document signatures of mine saying I agreed to buy the property on their condition
Although the order must have been clear, because it says you must exchange by x date.
None of that matters
You are late
Concentrate on that
If you do not get relief. you can not use the statement and the claim will fail
So you must apply for relief from sanctions
MUST MUST MUST apply for relief from sanctions
I complaint to the police, anything else can we do? can we stop thm from producing it to court until police investigation done?
YOU MUST APPLY FOR RELIEF FROM SANCTIONS
No, you can't stop someone producing a document in Court UNLESS you have evidence it was forged.
Even then it is a matter for the TRIAL Judge to decide whether it was forged or not
But at this stage you DO NOT HAVE PERMISSION to rely on evidence.
Therefore you MUST apply for relief from sanctions
Is that clear enough for you to understand what you must do?
ok. I will apply tomorrow. thanks for the answer
last time also i asked for injunction as per your advice and that been rejected because there was no contract exchanged.
I can't see the previous question you asked so can't remember precisely what it is about.
But do you have any questions on what you must do to get your statement in?
can you give me summary plz what are the things i have to do my statement get it plz
what order we asking the court is it Relief of sanction?