Not Sure where to post this - Small Claims Court lost all my paperwork - compensation

ZBanfield · 21 September 2016 at 2:45PM

Hi MoneysavingExpert Team,

I have a dilemma and can't seem to find a suitable post area and not sure how to post.

I need advice on how to reply to a court letter.

After two long years of battling, I had a small claims court hearing against a fraudulent building firm.

When I arrived at the court for the hearing, the judge advised me he had none of my exhibit bundle - 129 pages or witness statements

I have made a complaint to the court and am doing one for the judge's behavior.

The court replied to my complaint offering £50 "without predjudice". Can I accept this but still take it further? I assume I need to word my letter carefully and legally correctly and need help

Also, the reply to my complaint letter from the court said the following statements:

"I am unable to explain why the documents you filed were not on file for the hearing."

"All the documents you referred to in your complaint letter have been logged onto our electronic file as being received by the court."

" I have located your particulars of claim on the court file although these appear to have no date stamp."

"I understand the frustration and disappointment you must feel and I am personally locating all the documents you refer to in your complaint."

So, there appears to be contradicting statements...they are saying that they do have the Particulars Of Claim and Exhibit Bundle. Nowhere in the letter does she confirm she has my exhibit bundle or found it?

How should I work my letter?

Many thanks in advance,

lincroft1710 · 21 September 2016 at 3:11PM

Usually if you accept money offered, the matter is deemed to be closed. Do be aware that a "without prejudice" offer can be withdrawn at any time.

Only you and the court can solve the mystery of the missing bundle. You need to ask them if they have found your bundle or not, and if not did they originally scan it so it can be printed out. Unless someone has burnt/shredded them, or taken them home your papers must be somewhere in the court office.

naedanger · 21 September 2016 at 3:16PM

ZBanfield wrote: »

Hi MoneysavingExpert Team,

I have a dilemma and can't seem to find a suitable post area and not sure how to post.

I need advice on how to reply to a court letter.

After two long years of battling, I had a small claims court hearing against a fraudulent building firm.

When I arrived at the court for the hearing, the judge advised me he had none of my exhibit bundle - 129 pages or witness statements

I have made a complaint to the court and am doing one for the judge's behavior.

The court replied to my complaint offering £50 "without predjudice". Can I accept this but still take it further? I assume I need to word my letter carefully and legally correctly and need help

Also, the reply to my complaint letter from the court said the following statements:

"I am unable to explain why the documents you filed were not on file for the hearing."

"All the documents you referred to in your complaint letter have been logged onto our electronic file as being received by the court."

" I have located your particulars of claim on the court file although these appear to have no date stamp."

"I understand the frustration and disappointment you must feel and I am personally locating all the documents you refer to in your complaint."

So, there appears to be contradicting statements...they are saying that they do have the Particulars Of Claim and Exhibit Bundle. Nowhere in the letter does she confirm she has my exhibit bundle or found it?

How should I work my letter?

Many thanks in advance,

Has your court action finished? If not, might you be better waiting until your claim is finished before continuing with your complaint about the court's administration? (My reason for suggesting you wait is twofold. Firstly is it not better focusing on one complaint at a time, and secondly if your claim is not yet finished you may have more to add to your complaint about the court's administration if they make any further mistakes.)

I would be surprised if you can accept the £50 and still pursue a complaint about this matter. I would have thought their letter would say something along the line of offering this amount to settle your complaint in full.

bod1467 · 21 September 2016 at 4:36PM

ZBanfield wrote: »

" I have located your particulars of claim on the court file although these appear to have no date stamp."
So they've found the PoC

"I understand the frustration and disappointment you must feel and I am personally locating all the documents you refer to in your complaint."
But they haven't yet found your evidence bundle

So, there appears to be contradicting statements...they are saying that they do have the Particulars Of Claim and Exhibit Bundle. (No they don't - see above) Nowhere in the letter does she confirm she has my exhibit bundle or found it?

Based on your post, you've misunderstood what they've told you.

Question though ... why don't YOU have a copy of your PoC and evidence bundle? Or do you, but the judge wouldn't proceed with the claim because the court (thought they) didn't have the bundle?

Manxman_in_exile · 21 September 2016 at 4:56PM

I may be mistaken but I think the OP has posted elsewhere on another forum.

The OP did have his evidence bundle but had(?) to give his copy to the judge. I think the OP felt that this hampered his ability to present his case effectively as it was difficult for him and the judge to refer to the same bundle at the same time.

I think the OP only got partial judgement in his favour which he partly blames on the court's loss of its copy of the evidence. I can understand his frustration.

OP also wants to "complain" to someone about how the judge considered the evidence and reached his/her judgement.

Apols if I've got this wrong.

agrinnall · 21 September 2016 at 6:25PM

Manxman_in_exile wrote: »

I may be mistaken but I think the OP has posted elsewhere on another forum.

...

Apols if I've got this wrong.

This is the OP's only other post, which I guess is about the case under discussion here. However, it doesn't really support your thinking, so unless the OP has also posted under another user name you may not be right.

http://forums.moneysavingexpert.com/showthread.php?t=5239311

wealdroam · 21 September 2016 at 6:44PM

agrinnall wrote: »

This is the OP's only other post, which I guess is about the case under discussion here. However, it doesn't really support your thinking, so unless the OP has also posted under another user name you may not be right.

http://forums.moneysavingexpert.com/showthread.php?t=5239311

But Manxman in exile said:

Manxman_in_exile wrote: »

...elsewhere on another forum.

For some reason he chose not to tell us where 'elsewhere' might be.

NeilCr · 21 September 2016 at 7:02PM

Decided against it!

Manxman_in_exile · 21 September 2016 at 7:52PM

The OP's other post I was referring to wasn't on this site but on the Consumer Action Group one. I didn't specify this because I wasn't sure it was the same poster. (I may still be wrong).

I made my post because somebody else here questioned whether the OP had his evidence bundle. It seemed clear to me that he had, so I was trying to clarify that point. The OP (according to the other forum which I may be wrong about if this thread is unrelated) had served all the papers correctly but the court had "lost" their copy. On the other forum the OP seemed a bit miffed in that he thought the judge initially was blaming the OP for not serving papers correctly, and that it was the OP's fault that the court did not have his evidence.

I was simply trying to clarify that point, but may have muddied the waters if the different posts are unrelated. But they seem remarkably similar.

If this thread is about the same matter then I would say I'd be pretty hacked off if the court lost my papers and I thought that had been instrumental in me not getting full judgment in my favour.

In answer to the OP's actual question, I don't remember if he has any grounds (or indeed avenue) for appeal, so I'm not sure how, or to whom, he complains about the perceived conduct of the judge.

Again, apologies if I've veered off at a tangent but I was trying to help the OP (if it's the same person).

NeilCr · 21 September 2016 at 7:55PM

I saw it there too. It does very much look like the same case. Same username if I recall correctly

Manxman_in_exile · 21 September 2016 at 8:24PM

Thank you NeilCr.

I've no idea what level of court this was, but to lose an evidence bundle seems like incredible incompetence (assuming the "other" OP's recollection of the facts is correct). But I'm sure it happens.

I would have thought an adjournment appropriate (to find the "lost" bundle) but perhaps not possible at this level of proceedings.

I have no view on how the OP perceives either the conduct of the judge or the outcome of the case (I wasn't there and neither have I read the evidence) but I do think the court's mismanagement of the evidence is wholly unacceptable (assuming what the OP says is true, and I have no reason to disbelieve them).

I can't advise, OP, but others on here may be able to do so.

Not Sure where to post this - Small Claims Court lost all my paperwork - compensation

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