county court judgement hearing missed!

10past6

jodenice wrote: »

Oh i didn't know if they saw the actual defence - the wording was that they 'acknowledged receipt of my defence'.

Who are you referring to, the claimant or court?

jodenice wrote: »

i must have asked for a months stay as well eh?

Never ever trust a claimant, the onus is on them to prove you agreed to a stay.

jodenice

so what would i actually give as the reason if he decides to try and get it set aside. can i give more than one.

jodenice

Also, i'm just looking at the form now getting ready to fill it in. I'm stuck already!

It asks whether I have attached a draft of the order I am applying for. It asks what type of hearing I want (telephone or court hearing or no hearing - which is best). It asks for level of judge, fixed trial date and who should be served. I've got to provide evidence and a statement and I'm not even sure what excuse I'm giving for missing it in the first place. Can anybody help.

for the expenses form - to try and get a fee remission - it only takes into account his earnings and not his outgoings. On paper he looks quite wealthy - its the debts which are bleeding him dry! Does this mean he won't get a fee remission?

jodenice

bumpety bump

jodenice

anyone able to help? i'm just worried i'm going to muck it up.

10past6

In answer to your questions

Yes, give details why your appealing

No hearing (you can apply for a hearing later on if required)

DJ (District Judge)

Claimant

Give details of what HFC requested "stay" and you were awaiting them to come back with an outcome, blah, blah, blah

As for paying the fee, the court manager has discretion if you cannot afford the fee, write stating what your circumstances are, including an I&E sheet.

jodenice

thanks for the reply!

the bit i am confused about is 'What order are you asking the court to make and why?' I'm not sure what to write here - and it asks if I have attached a draft!

Am so confused. I think I am asking for a judgement to be set aside and to give the reasons is that right?

If yes i'm going to say - in that section - that I was under the impression (from the claimants application) that a stay had been applied for, for a month, for mediation and although I sent correspondence to try and settle the matter out of court a reply was never received. I also did not receive original documentation (signed agreement) from the claimant who wrote at the end of March to say they could not find it. I believed that the court would set a new date to allow for the stay or make me aware the the original documentation had not been handed in. I was not aware that the court date was to be held on the 22nd April. I would not have been able to attend this date due to my shifts at work and I was unable to attend and have the opportunity to defend myself.

Its rambling isn't it. I sound like there are a million excuses... And what draft am I supposed to attach!

jodenice

ps the form bit also says (in the guidance notes below that I hadn't seen)

Most applications will require a hearing and you
will be expected to attend. The court will allocate a
hearing date and time for the application. Please
indicate in a covering letter any dates that you are
unavailable within the next six weeks.
The court will only deal with the application ‘without a
hearing’ in the following circumstances.
• Where all the parties agree to the terms of the
order being asked for;
• Where all the parties agree that the court should
deal with the application without a hearing, or
• Where the court does not consider that a hearing
would be appropriate.

so, will it go against me to say no hearing

jodenice

bumping in panic

10past6

jodenice wrote: »

I think I am asking for a judgement to be set aside and to give the reasons is that right?

Correct

jodenice wrote: »

If yes i'm going to say - in that section - that I was under the impression (from the claimants application) that a stay had been applied for, for a month, for mediation and although I sent correspondence to try and settle the matter out of court a reply was never received. I also did not receive original documentation (signed agreement) from the claimant who wrote at the end of March to say they could not find it. I believed that the court would set a new date to allow for the stay or make me aware the the original documentation had not been handed in. I was not aware that the court date was to be held on the 22nd April.

I've deleted the bottom part, as the date has now passed, the court don't need to know that, other than that, send the above.

If you need my assistance in the future, then send me a PM, I'm notified by email when I receive a PM as I tend to miss threads that have been updated.