Recently requested (sent by Recorder so know they received it) confirmation from claimant's solicitor regarding making payments. Also followed up with a phone call - someone will get back to you - they didn't. Have had no reply - I indicated I wanted to pay by Standing Order as I felt this most practical way. 1st payment due on 05 Sept 09. What the best thing to do, send a cheque payable to their client? Any ideas.

Hi LetItBeMe Not sure how much more I can post, will have to see what claimant's next step is. DJ seemed to give them plenty leeway. Have you got a thread on your case, if so I'll read through it.

Well, I'm not really sure whether this is going to help the Defendant or not. Trial adjourned by DJ due to claimant's witness not being available for cross examination which the defendant wished to do. DJ (reluctantly the Defendant felt) agreed with the Defendant that not allowing them to do so would put them at a disadvantage and prejudice the defence. DJ said in the interest of dealing with the case justly the court order an adjournment. At this point Defendant said they may as well have left as DJ only spoke to claimant's Counsel. The DJ then went on to tell Counsel what the claimant should have done if their witness did not intended appearing and mentioning specific parts of CPR (surely these people know this already). Unable to go into the specific detail but having been told what the DJ said to Counsel both Defendant and myself feel the DJ was allowing the claimant a second chance to get it right before the trial. No date was set for trial as DJ suggested Counsel would possibly need to advise their client further. Both parties to inform court of any dates they would be unable to attend (Defendant says they'll find out when this DJ is on holiday and ensure only dates they are available are the same dates). Now if Defendant had messed up this much would they have been given a second chance to get it right – I DON”T THINK SO!

Update: Don't know much detail - but trial adjourned. Meeting defendant for a drink later will post whatever I can.

x20 Sorry, forgot to say, thanks for you advice - much appreciated.

That makes three of us then. …lets hope they don't get a DJ who immediately sides with the claimant.

Sorry I can't go into anymore detail, case is not mine, so don't feel it would be appropriate. Defendant was posting but stopped after seeing posts in which people had said that the Solicitors, who are acting on behalf of the claimants in this claim, had been quoting from threads on this site. I think receiving letter from solicitors saying their clients witness would not be attending the trial threw them of course as they had been putting together questions for cross examination.

Also Defendant has submitted Skeleton Argument in accordance with DJ instructions (to file and serve three working days prior to trial). Defendant sent to Solicitors and Court by Guaranteed Next Day both signed for this morning. No Skeleton Argument from claimant (but no surprise there).

The only thing that I have thought of, and I have said this to defendant, is that claimant's solicitor has said this in some way to put him off guard and that when they arrive at court witness will be in attendance.

Yes - trail bundle received last Friday with letter from Claimant's Solicitors saying "Our client's Witness will not be attending the hearing and will therefore be relying on their written evidence"

Yes claimant's one and only witness

Don't have a copy of claimant's witness statement, however having read it the points that I personally picked up on are the following: The witness statement has been someone employed by the Bank within the Bank's Debt Recovery Section since XX/XX/XXXX – (the account was opened 6 years before this date). “The contents of this statement are true to best of my information, knowledge and belief and the facts stated are known to me personally. Where they are not known to me personally I have stated the source of my information.” “The defendant applied for a XXXXXX Credit Card on XX/XX/XXXX for the purpose of acquiring goods and/or service on credit. On receiving the Defendants application form, the agreement would have been scanned and stored electronically on the banks computer system, the original agreement subsequently being destroyed.” Defendant submitted an N268 – Notice to prove documents at trial with their Witness Statement – claimant under standard disclosure stated original agreement destroyed. Following receipt of Witness Statement, defendant requested confirmation of a number of points regarding the production of the Default Notice (of which there are a number of problems) as Bank had stated they did not keep a copy of the DN – they did however reproduce a template of the Banks DN. Claimant responded by way of a second witness statement in which the process by which the Bank creates it's Default Notice was explained – all automated – on the Bank's premises, the address given being a different location from the location in which the Witness has stated they are employed at. Now I may have got this wrong but as the individual making the Witness Statement did not work for the Bank how could they make the statement about the application form being scanned at the time the application was received. Also regarding production of the DN – again he does not work at the location the DN was produced. Would these statement's be hearsay? Or has the witness protect himself by saying “Where they are not known to me personally I have stated the source of my information”. Yet he does not state a source for his information.

Trial is in respect of credit card.

Hi Supasnooper, Many thanks LC

Anybody?