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[Solved] Bundle confusion

 
(@JimmyJoe)
Trusted Member Registered

My final hearing is next week and I have just been emailed by my ex's solicitor to provide my position statement by tomorrow if i want it included.

I was only going to work on the position statement anyway but I'm starting to doubt myself the more I think about the bundle. It seems weird that the other side gets to preview my stuff before I see theirs but I have an idea on what the arguments that they will use so I will cover them briefly in my statement.

One thing I'm concerned with is the chronology. I think I should provide my own but should I send this to the other side with my position statement or will I be able to submit it in court?

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Topic starter Posted : 29/05/2014 11:03 pm
(@eric14)
Honorable Member Registered

Sadly unable to answer your question with fact's but felt it might be of some use if you were to use the search button at the top and search bundle as I am sure I included have posted about this and this may get you the advise you need quicker,

I am with you on not wanting to supply your position statement beforehand,

my order was to send it 2 weeks before the court date - therefore I would file it with the court and say you will supply it on the day to them and the copies they need for the bundle unless they wish to do an exchange of statements ?

don't be bullied by solicitors they don't know it all lol

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Posted : 30/05/2014 1:03 am
(@JimmyJoe)
Trusted Member Registered

Thanks for the reply. I've already checked the other posts and the new arrangement order details that the position statements are meant to be sent to the party sorting the bundle. I really don't like doing this as her new solicitor is particularly snidey as well as slightly [censored] so far but they do have a few petty concerns that they will be putting some leverage on in this review.

I'm going to go with your advice and just file it with the court tomorrow and play them at their own game. They said they will send the bundle to me tomorrow so that means I get it Saturday at the earliest and considering the review is on Wednesday they're doing the usual last minute BS to pressure me with no time for exchanging statements.

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Topic starter Posted : 30/05/2014 1:46 am
(@eric14)
Honorable Member Registered

in this I have always shown my hand and the ex has taken it and not given me a snippet of her stuff she has a solicitor and now a barrister for when at court ...she has not been penalised for not supplying me as they have always sent to court and handed on the day ,

I believe the only need to supply you with an index of the bundle and the rest on the day ? also bundle index should have been sent and agreed by you as well, this has not been done and therefore I would make it known that you did not see this prior to the bundle being produced and you were not offered the opportunity to included anything you wanted to as well in the bundle you could say that you felt disadvantaged at this and the other side have used it as a control intimidating measure, when you file you statement I would send in a letter stating various things like that so the judge will view before the hearing and therefore if the contents are not in your favour then they may see it was prepared bias :dry:

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Posted : 30/05/2014 1:05 pm
 Mojo
(@Mojo)
Illustrious Member Registered

When did the court ask for your statement to be filed? If her side are asking for something before it is due to be filed there's something wrong there!

You could also file your chronology and anything else that has been omitted from the bundle on Monday, as you will have received the bundle by then. If you do that put a covering letter in with the filed documents explaining why they have been filed separately and later...ie her solicitor not sending you the bundle or giving you enough time to get paperwork that you feel is relevant, included in the bundle.

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Posted : 30/05/2014 1:32 pm
(@JimmyJoe)
Trusted Member Registered

Hmm ok well maybe a change of plan...

I got the bundle index via email last night and was told to send them my statement by 12 noon. I was thinking of making out I hadn't seen the email but going from what's been said maybe I should send it to them..either way surely I should have received a hard copy by now?

The chronology and anything else I could wait and do on Monday then? The court hasn't made me aware of any date anything needs to be filed by. And after reading the new rules i was supposed to have my copy 4 working days before the hearing!

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Topic starter Posted : 30/05/2014 1:41 pm
 Mojo
(@Mojo)
Illustrious Member Registered

So, are you happy with the index? I would email them back and ask for a copy of her statement, suggesting a 12 noon mutual exchange and ask for a response to this suggestion before the deadline. You could also say that you want x y and z included in the bundle and send your chronology and anything else you want to include over to them for inclusion. By doing this you have evidence that you tried to get your documents included in the bundle but were thwarted and then this will back up filing them separately as a supplementary bundle on Monday.

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Posted : 30/05/2014 1:54 pm
(@JimmyJoe)
Trusted Member Registered

The email states that she is finalising the preliminary documents (case summary, mothers statement and chronology) and will send them to me once they have been agreed, probably tomorrow (today). And if I want my statement to be included in this bundle to send it to them by 12 noon.

Its a bit confusing as what the best thing is to do and all this last minute [censored] is not helping.

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Topic starter Posted : 30/05/2014 1:56 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Can you not email her back and say that in the interests of fairness you feel that a mutual exchange of statements should be carried out before their inclusion into the bundle. You could say too that you are also finalising your statement and a chronology and once statements have been exchanged then they can be included in the bundle, suggesting this is done later this afternoon, to give you both time to finalise and agree.....right back at her!

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Posted : 30/05/2014 2:07 pm
eric14 and eric14 reacted
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