Small Claims Court guide

BigGirlPants

It is just the evidence without their witness statement, if I've read the papers right we have to send the witness statement in advance of 3 days of the hearing.

I don't know if they filed it to court and not with me, but I would hope they wouldn't do that.

If they are not using the report I don't really see what other evidence they may have, and they certainly haven't filed anything at all with me as yet apart from the above mentioned report which was sent over a year ago so, before I started the claim.

When the claim form was sent they filed a defence then, so they are defending the claim, we also attempted mediation but they did not want to to change their offer of a discount if we repurchase, which did not seem at all fair to me.

Jenni_D

Sorry but I don't understand your reply ... can you quote my post and be specific as to which of your reply is answering which questions please?

BigGirlPants

Send an email to the court (copied to the defendant) to be given to the judge to note that the defendant has failed to serve their witness statement on you in a timely manner and thus failed to comply with the court's order, hence you request that any witness statement that they do submit be discounted as it is not permissible to present evidence that has not been disclosed to the other party. That should put a fire under them.

lf I have understood the court letter correctly it was just the evidence we needed to file 14 days in advance, the witness statement goes with a lot of other paperwork a maximum of 3 days before the hearing.
I expect they wouldn't have sent everything to the court and not sent it to us but I have no way of knowing if the court received anything.

They may argue that the report is their evidence, but they still need to formally file it with the court and serve it on you.
They shared the report with me when it was done, which was over a year ago, but they haven't filed it or put anything else forward as evidence for this case.

I assume they did file a defence? Look at it and see whether it helps them without being able to present evidence.

They did file a defence when we sent them the claim papers, but there is nothing I can see there saying they don't need to provide evidence, in fact it says they are calling an expert witness, whom I presume would be the person who created the report for them.

Thank you so much for any advice and the time you have spent trying to help me.

BigGirlPants

Now it is 2 days before they hearing, and the court have today vacated the hearing and asked both parties to let them know unavailable dates in next 9 months.
I have provided the evidence requested on the court order 14 days before, and all of the documents 3 days before.
I have received no paperwork from the defendant.
Now the defendant have all of my evidence and every document I intend to refer to or rely on in court, and I have received nothing (which I believe is in breach of their court order).

The defendant now have up to 9 months to prepare their case against me, with all of my evidence and documents, and I have nothing from them.

I wouldn't have felt it fair for them to use any evidence submitted late if the hearing was still taking place, but now they have all the time in the world.
I feel that is unfair.

That is stepping aside the fact that I have been preparing and very anxious about the upcoming hearing, and was glad it was going to be over soon, but now it is continuing.

Jenni_D

Did the court say why the hearing was vacated? Scan/photo the notice you've received and post it here? (Both sides if necessary, and redact any personal details and the claim ref).

Send an email to the court (asking for it to be placed on file and shown to the judge) to advise that the defendant was in breach of the court's order as they did not serve their witness statement/evidence on the claimant; as such their WS/evidence should be disregarded for the rescheduled hearing. If the court is minded to allow the defendant to file and serve nearer the rescheduled hearing then request permission to file and serve amended particulars of claim and/or WS/evidence after receiving the defendant's WS/evidence. Perhaps also ring the court to ask if the defendant filed their WS/evidence with the court.

And just to pick up on your previous post ... the evidence is part of the WS, so they are one and the same. If the court order said something like documents upon which you rely must be filed and served 14 days prior to the hearing then that means both the WS and evidence. (The 3 days before is the compiled bundled for the hearing, it is not an opportunity to add new evidence or defence points.

BigGirlPants

The reason is due to lack of Judicial Availability.
It says, "
"It is ordered the hearing listed on *** is vacated,  parties do file their dates to avoid covering an 9 month period within the next 7-days.

(That is the exact wording, no errors, and I found it difficult to understand, but I'm sure it means within the next 7-days to let them any know of any dates we are unavailable, in order to reschedule)


Thank you for clarifying about the witness statements, and I will contact the court as you have advised above.

vix2812

NEED ADVICE!

I had an email in March mentioning an account with eon. I went online and onto eon website to ascertain what account they were referring to. It seems I had an OPEN account for energy for an address I left in Aug 2018!
I rang and was advised they had a CCJ against me for just over 1000 and a control of writ. They closed my account and the legal team advised me to provide as much evidence as I could to show that I was not a resident of the property after Aug 2018.
I explained I had suffered abuse in a previous relationship and many of my finances were handled by him along with post. (Proving it I'm sure would be a struggle).
I had no documents from eon, a ccj, or from that property as I was evicted after managing to get the ex partner away and was left with no address. I had a few bags of belongings and my children.
The property was managed by a housing association, instructed by the council. 
I was at a "care of" address for around 6 weeks before being able to find permanent residence where I have lived since and paid bills.
Eon claim the following documents as unable to prove I was not a resident of the property and therefore liable for the whole amount owed from Aug 2018:
Current tenancy agreement dated and signed, hmrc letters for temporary address dated, child maintenance letters in temporary address dated, opening council tax bill for current address dated, confirmation from housing options sector of council stating non liability for property as not a tenant from Aug 2018, confirmation from housing association stating non liability for property as not a tenant from Aug 2018, letter from council tax office stating non liability for council tax from Aug 2018, emails conversing about belongings left in the evicted property also dated.
I've communicated back and forth via email, where the legal team advised me I could provide something and then said I couldn't. I've advised them it's affecting my mental wellbeing due to stress, and my pregnancy. 
Today they removed the stop they had on the debt bailiffs and the account as they decided i am liable for costs.
I did open an email, follow a link and registered in 2020, then thought it must be fraudulent and shut it down as I'd never made an account with them and it said I owed money I knew I didn't! At some point I realise my ex probably made this account in my name.
They hold this activity as me being liable.
The last payment on the account was in July(?) 2018.
I've rang them to make an official complaint, to which they've told me i cant. They also advised the energy ombudsmen won't help me either and I have to go to court.

Does anybody have any advice as I cannot deal with the stress anymore and would rather take myself out of this equation. Ive fought them via email for a month and im so emotionally tired.

Thanks in advance

User2378

Hi, 

I need help 

I sold a car to Webuyanycar and they agree to buy it and signed the contract so I left the car to Webuyanycar and I was told I will get payment next working day however the next day they told me to send invoice for the car which I did and after fews day they told they can't take the car and will return the car and then this which I said ok I will take it providing it in same condition. But when I receive the car it was damage from bumper which it wasn't like that when I sold the car to them.

And I have email them many time and they reply me saying

We are satisfied the damage mentioned above was pre-existing and we are not confirming any liability for any further damage.

  

We are confident that we have dealt with the above matters fairly and acted accordingly.

 

Should you wish to pursue this matter any further, please seek qualified legal advice, or speak to your local Trading Standards office. We would be happy to speak to them regarding your complaint.

I need help on how do I take this matter forward

eskbanker

User2378 said:

after fews day they told they can't take the car and will return the car and then this which I said ok I will take it providing it in same condition

Why did they say they couldn't take it and why were you so willing to take it back?

In terms of what you can do now, it sounds like it's going to come down to your word versus theirs regarding damage being pre-existing or not, unless you have evidence to support your stance?

Alderbank

User2378 said:

Hi, 

I need help 

I sold a car to Webuyanycar and they agree to buy it and signed the contract so I left the car to Webuyanycar and I was told I will get payment next working day however the next day they told me to send invoice for the car which I did and after fews day they told they can't take the car and will return the car and then this which I said ok I will take it providing it in same condition. But when I receive the car it was damage from bumper which it wasn't like that when I sold the car to them.

And I have email them many time and they reply me saying

We are satisfied the damage mentioned above was pre-existing and we are not confirming any liability for any further damage.

  

We are confident that we have dealt with the above matters fairly and acted accordingly.

 

Should you wish to pursue this matter any further, please seek qualified legal advice, or speak to your local Trading Standards office. We would be happy to speak to them regarding your complaint.

I need help on how do I take this matter forward

Welcome to the forum, User2378!
You have 'piggybacked' onto another user's thread. This gets the two questions mixed up and is considered bad etiquette.
Simply start your own thread with an informative title. That will get the best response.

When they said 'speak to your local Trading Standards Office' they were giving you the brush-off. They know that you can't speak to your local Trading Standards Office.