Hoist Portfolio v Andy77

[Diana M]

Re: Hoist Portfolio v Andy77

I'm not sure I understand what you mean. How do the ameneded witness statement and defence get filed then?

You file a Defence/WS (free of charge) because the court Order has given you permission to do something.

If you want the court to do something you have to ask them in an Application (£255 or possibly £100 if you don't require a hearing or fee remission in some cases etc).

So Jo's point was since the court has already given you permission to file an Amended Defence/WS you don't have to ask them for permission which would require an Application.

I hope that makes sense

Di

[Andy77]

Re: Hoist Portfolio v Andy77

Further to the adjournment of this case to give me the chance to file an amended defence and witness statement to cover the limition issue - they have now both been filed with the court. Although I decided to take some legal advice and got a solicitor to draft up my defence. Clearly what he wrote reads fantastic to me, regarding the 6 year limitions, the issue of the default notices and the whole chain of paperwork they provided, plus there was a potential bombshell in there about Hoist too that he had found out. Hopefully all that goes in my favour and I'll await their solicitors response to the amended statements. I'm hoping they drop the claim.