Author Topic: Letter of Claim from Moorside Legal  (Read 8392 times)

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Re: Letter of Claim from Moorside Legal
« Reply #60 on: »
Google Drive is often used, ensure that the settings are correct and post a link here. Dropbox and other things also possible.


Re: Letter of Claim from Moorside Legal
« Reply #62 on: »
What time was this received?

I note it is dated with today's date - this would seem to mean they have also only sent it to the court today. When you have the opportunity I would point out to the judge that the witness statement is dated today, that you received it less than ___ hours before the hearing, and that you are of the view that it is further unreasonable conduct of them to send a 54 page bundle on the day of the hearing, essentially ambushing you with evidence you have had no reasonable opportunity to consider and prepare a response to.

They've had since 10th December to respond to this.

Re: Letter of Claim from Moorside Legal
« Reply #63 on: »
On the face if it John Moody's assertion that the case was struck out 'purely because he signed the documents' appears incorrect - the Judge also commented on their failure to follow CPR in his strike out commentary. He also comments on Moorside's serial behaviour in that respect.

This needs to be drawn to the Judge's attention at the hearing.
« Last Edit: Today at 02:24:35 pm by InterCity125 »

Re: Letter of Claim from Moorside Legal
« Reply #64 on: »
this was received at 12.14 for a 3pm hearing and they state in their email to the court
We act for the Claimant in the above matter.

By way of filing, please find attached the Claimant's Witness Statement.

We confirm the same has been served on the Defendant by way of service.

Notice of non-attendance

Please accept this email as the Claimant’s notice of non-attendance. We kindly request that the Court consider the said Witness Statement in lieu of attendance. We could not send the Witness Statement earlier due to internal technical issues suffered in document production.


Re: Letter of Claim from Moorside Legal
« Reply #65 on: »
"Our only computer has been broken since 10th December. Miraculously it started working again today at 12.14pm."


 ::)  ::)  ::)  ::)  ::)

Re: Letter of Claim from Moorside Legal
« Reply #66 on: »
exactly. THye did not respond to any of my emails before

Re: Letter of Claim from Moorside Legal
« Reply #67 on: »
When combined with non-attendance, the WS is nothing but second / third hand hearsay evidence - you can point that out.

Re: Letter of Claim from Moorside Legal
« Reply #68 on: »
Plus, "I had a number of questions for their representative and their non-attendance puts me at a disadvantage."

Re: Letter of Claim from Moorside Legal
« Reply #69 on: »
If there is a legitimate explanation as to why 'technical issues' have made it impossible to file a witness statement for a hearing they have been aware of since 10th December until 3 hours before the hearing, then it is an explanation beyond my comprehension. They could have got around any such issue (if one existed) by attending the hearing...

I think your primary point on the WS is as I noted above, that serving one so late is on its own unreasonable, then if you need it, you can draw attention to the fact you disagree with some of its contents, as Intercity rightly notes.

Good luck - have all these arguments ready to go - depending on the judge, you might not have to say much (particularly if it's the same one that struck out their claim in the first place). Let us know how you get on.

Re: Letter of Claim from Moorside Legal
« Reply #70 on: »
Have deleted a couple of back and forth comments to reduce noise - this is not a hearing of the initial claim (that having been struck out), nor is it a counter claim. It is a hearing in respect of the OP's costs application.

Re: Letter of Claim from Moorside Legal
« Reply #71 on: »
SUCCESS!!!!!!!


Claim for costs granted at £490.74

Judge in his judgement commented that the Claim was fundamentally "Defective". Used his discretion and granted costs summarily assessed at £490.74 and payable in 14 days
Winner Winner x 1 View List

Re: Letter of Claim from Moorside Legal
« Reply #72 on: »
Well done, and thanks to @DWMB2 for deleting my earlier irrelevant comment. Moorside appears to have followed up its original unreasonable behaviour with more of the same in its defence.
Agree Agree x 1 View List

Re: Letter of Claim from Moorside Legal
« Reply #73 on: »
Great work, well done! Make sure they pay you  ;)

Given that you're posting this 19 minutes after the list time for the hearing, we can assume it was a relatively brief affair.