county court judgement hearing missed!

10past6

jodenice wrote: »

so, will it go against me to say no hearing

Include a note for the courts attention, stating based on the evidence presented (by you) and the you complying with the claimant's request re a months stay, you now ask the court to use it's discretion with your application.

jodenice

Right - update. He has been allocated a hearing early August to ask to have the case set aside.

What will it be like in there, will the opposing people be there, will he have to do a big spiel. I still feel his reason for having it set aside is a tiny bit feeble...

jodenice

bumpy bump

jodenice

For the set aside court date, do we need to prove that a) we have the right to set aside and b) that there will even be a case? Or just what we've got to get it set aside and back to the dispute that it was at before.

I'm totally panicking now, he's never been to court, me neither, we are going to look stupid, i haven't got a clue what I am doing.

Katie-Kat-Kins

Hey, don't be too scared about attending court, it will be heard "in chambers" which means that rather than a big court room like you see on TV it will just be all the people involved sitting around a table in an office type room.

The judge will not wear wig and gown and neither will any lawyers.

You call the judge sir or Ma'am (said marm)

The judge will be aware that you are not legally qualified and so should be gentle with you and ask questions rather than expect you to be able to reel off everything you want to say.

The other side may have a representative present but the judge should keep control of things so that they don't have an advantage just because they have a lawyer. For a low value case like this it is unlikely to be a very senior lawyer so you may find it is a freshfaced graduate!!!

The best advice is to make yourself some notes so you can make sure you say everything you want to without forgetting anything.

Debt is outside my sphere of work so I'll wait for someone else to help you prepare what to say but thought I could at least reassure you about what it is like in a county court.

jodenice

thanks for that.

Its incredibly scary, we haven't got a hope of winning - he does owe them the money and he is in debt, its why he is on a DMP. But admitting it just got an automatic CCJ so we thought we'd give it a go at fighting it, he may be in default but he has not stopped paying them, its just less. we were hoping that they'd end up having none of the details or documents, then we missed the court case - how rubbish is that! - and now we have to go back to see if we can even get back to the dispute stage. I'm just not sure how much to prepare. We put in a defence but never got to use it in court. We got completely muddled about if the court case was still on.

We're rubbish basically.

jodenice

i am going to lay stuff out on a form (and make a copy for the judge)

Can i write out my argument for set aside on this.
If yes, how should I do it - i am presently looking at

Timeline.

Reason(s) for missing Court Case

Evidence for defence of court case (to show that its worth setting it aside).

I was going to lay this all out so that both my boyf and the judge can see it, but not in too much detail, more like...

Reason 1). Defendant informed that months stay requested to try and amicably agree claim. (Appendix A) - believed the stay would push back the hearing by a month.
Reason 2).

etc.

I haven't got a clue, I don't want to overcomplicate it either.