Help needed re: small claims court

busymum33

Thanks for the advice. I wasn't thinking of going to my MP as I had to use him for something last year and he was a waste of space. Similarly wouldn't bother with newspaper - they wouldn't be interested anyway in what is now a legal dispute as too many minefields they might tread in. I agree with Tozer best to let the legal process work its way through. I've sent a letter to the court and will see what happens but I am so sick of the whole thing. At one point last night I was just going to abandon my claim as I can't stand the stress. Still in two minds about whether with my health problems I should be wasting my precious time on this. If I lost, I would be devastated to put it mildly.

Tozer

Hi OP - just sent you a PM.

Keep with it. Honestly, the process is not as bad or as intimidating as it first seems.

busymum33

Now received details of the defendants' grounds for asking judgment to be set aside:

1. Say they sent defence but court never received it so must have got lost in the post. :cool:
2. I incorrectly addressed the claim to Halfords Ltd. Halfords occupy most of the building in which Nationwide Autocentre is located and, on searching their correct address, this is what I found online as the official address. The post office's own postcode website doesn't have a separate entry for Nationwide Autocentre on that road, only Halfords. So I'd addressed the claim to Nationwide Autocentre, Halfords Ltd, B*** Lane, Thistown. In any case, the defendant received it fine: it was sent to their Head Office who asked for (and were granted) extra time to prepare their defence.

They asked for judgment to be set aside without a hearing, but we have a hearing next month. Any thoughts folks?

Oopsadaisy

1. IIRC if they sent a defence they would have received paperwork back, and their legal team should have known this and thus been aware that lack of response to a defence filing is NOT reason for them to not do anything. [Hope that makes sense].

2. This is no defence or mitigation [esp as you say they did receive it and did seek and obtain an extension].

At the hearing push for a refusal to set aside on the basis that they were granted and entension to the filing deadline and still failed to submit a defence.

Ask why they didn't send recorded or registered post??

Ask what evidence they have that it was posted?? Ask to see their postal room records? Ask them what efforts they have made to track down the letter with Royal Mail? Ask thej how they can be certain that is was posted and not just left in someone's out-tray until it was too late to submit? Who posted it - do they even know??
Ask for a signed statement from the person who is saying they posted the letter? Are they actually producing this person in court as a witness to the 'posting' story??
If they wrote the defence on a computer have they provided the computer reports [from their security/admin people] to show that the defence was actually written in advance of the alleged submission date?? If not, why not...what are they trying to hide??

hippey

busymum33 wrote: »

Now received details of the defendants' grounds for asking judgment to be set aside:

1. Say they sent defence but court never received it so must have got lost in the post. :cool:
2. I incorrectly addressed the claim to Halfords Ltd. Halfords occupy most of the building in which Nationwide Autocentre is located and, on searching their correct address, this is what I found online as the official address. The post office's own postcode website doesn't have a separate entry for Nationwide Autocentre on that road, only Halfords. So I'd addressed the claim to Nationwide Autocentre, Halfords Ltd, B*** Lane, Thistown. In any case, the defendant received it fine: it was sent to their Head Office who asked for (and were granted) extra time to prepare their defence.

They asked for judgment to be set aside without a hearing, but we have a hearing next month. Any thoughts folks?

I agree, keep it going, the moment cases lose momentum they start to collapse! There are strict time limits for defence statements etc to get to the courts and excuses of stuff getting lost in the post is not acceptable, I send everything by Special Delivery or take it personally as I never trust snail mail or DX.

Okay so you incorrectly address something, well it was still the same building and you made your best effort using publicly available information which is exactly what you should do. They will be stalling for time as I bet the local autocentre are having trouble finding the paperwork and explaining things to the head office, I cant see how long you have really been chasing this however you should be reasonable in the time it takes to gather evidence (on both sides) and this can be many weeks, however do be afriad to push the court a little ask for the hearing to go ahead you might even be suprised by an offer just as you walk in the court.

Butlers1982

sorry to hijack your thread, but i have a small claim going on now for 13 months, been to one hearing, the judge made an order, the defendants didnt do as ordered ( i fufilled my orders) re issued CCJ, ready to do warrant of execution and been told there has been ANOTHER request for the CCJ to be set aside- ANOTHER hearing has been scheduled.

In my experience its just been a complete waste of time and effort. The defendant is taking the mickey, yet the courts seem to be accepting it

amazine

My advice is never attend court on your own, always go with a friend to act as a witness to the proceedings. In my case the judge was a complete !!!. There was only the judge, defendant and me present, and the proceedings were recorded on audio tape under the selective control of the judge.

At the end after passing his judgement, he actually hugged and shook hands with other party like they were old mates, or Free Masons! If I had a witness I would have complained about his conduct.

I was being sued by a builder for stopping his cheque, I was counter suing him for his bad workmanship. In the end I had to pay him for the bounced cheque which was just the value of the original job. But he had to pay me more for his bad work.
The whole thing took over a year before we got court. Very stressful.

Equaliser123

Bit confused. Did you sue the wrong company? If so, they have a complete defence.

Butlers1982

confused. Did you sue the wrong company? If so, they have a complete defence

Basically the people in question are trying to be clever. trying to complicate who it was i purchased the item in question from. 2 letters signed and headed on different paper ( slightly different!) as much as only when you look closely can you see the difference!

cowboys really but im surprised the courts have let it drag on.

Equaliser123

Butlers1982 wrote: »

Basically the people in question are trying to be clever. trying to complicate who it was i purchased the item in question from. 2 letters signed and headed on different paper ( slightly different!) as much as only when you look closely can you see the difference!

cowboys really but im surprised the courts have let it drag on.

OP - be prepared to request an amendment to the claim and/or adding a defendant.

Very much doubt they would bother appearing to defend the claim in any event.