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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 2093
Experience:  Solicitor at BLM
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I have a hearing ( small claim) on Wednesday and I know the

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Hi
JA: Hi. How can I help?
Customer: I have a hearing ( small claim) on Wednesday and I know the counter part is using a missed deadline for a bundle to be filed by the Court In other words, I have sent the docs on time to the court, but those were not filed on time I would have thought it was up to the Court to file them on time as per order of the DD Judge
JA: Where are they? It matters because laws vary by location.
Customer: I am based in London and the hearing is at Stoke on Trent County Court
JA: What steps have they taken so far?
Customer: We have the final hearing on Wednesday I need to know about this filing issue for the documets
JA: Anything else you want the Lawyer to know before I connect you?
Customer: At the moment this is all

Hello

Welcome to JA.

Please note that this is not a chat service therefore you may experience delays but rest assured that I will respond within 24 hours.

Please can summarise what you would like to know today about the small claims procedure?

Customer: replied 8 days ago.
Dear ***** thank you
I have this court claim final hearing on wednesday
I have seen the counterpart papers and he will go against me for an order of one of the DD Judges which said I have to submit my witness statements and Bundles by 15th Jan 2020
All the documents arrived in good order on Jan 14th, but they were filed on Feb 17th by the Court
I don't understand how this can be possibly my mistake
I would have thought the court was in charge of filing the documents
My job was only to deliver them on time

Hello

Just to clarify was the order to send the documents ONLY to the Court by 15.1.2020 and you sent the documents on 17.2.2020 to the court but NOT your opponent?

Customer: replied 8 days ago.
I sent them both on Jan 14th
But the opponent said that they should not be considered because they were filed by the court on Feb 17th and not by Jan 15th as ordered by the Court
But I did send to both the Court and the opponent on Jan 14th
Customer: replied 8 days ago.
to recap:
Order of the judge to serve and file the docs to both court and opponent by jan 15
Docs sent by me to both court and opponent on jan 14
Docs filed by the court on feb 17th
The opponent is asking for the claim to be voided because the filing of the docs was later than the date ordered by the judge
Customer: replied 8 days ago.
What I am asking is:
How can be my responsibility to file the docs?
Is it on the Court??

Hello

Given you sent the documents on 14th January 2020 and more importantly you have evidence to support your situation then Its likely the court will accept your position. Therefore gather all evidence to show you sent the document on the 14th. Further if you have evidence that the court received the document on the 15th that will be great too because don't forget the order says the court should RECEIVE the documents by 15th of January.

I hope I have clarified the position, if not please let me know.

Customer: replied 8 days ago.
Sorry, they were received on 14th
I have the signature of the court that they were accepted on the 14th
Customer: replied 8 days ago.
it is not my responsibility to have them filed by the Court by the day ordered by the judge, right?
It is up to the Court?

Your responsibility is to send the documents before the 15th of January and ensure it gets there by the 15th and given you have proof of receipt on the 14th it appears you have fulfilled this direction.

You should send your evidence to your opponent and then ask them to either drop this argument or provide reasons why they are still taking this point.

Anthony Chendo and other Law Specialists are ready to help you
Customer: replied 8 days ago.
You have been very helpful
Many thanks
Roberta

Your welcome and have a good night.

Customer: replied 8 days ago.
Thank you