Civil enforcement limited claim form received

[Deleted User]

More info please. You've now been allocated to the local county court, presumably.

1. When is the hearing (trial)?
2. What docs were ordered by way of disclosure?
3. What docs are still outstanding (disclosure, statements or both?)
4. Have you chased up the claimant?

May need to consider writing to the judge on this to avoid being ambushed by a claimant attempting to rely on documents not previously provided.

Stuck2017

Yes it's been allocated to the small claims track at the local court. The hearing is later this week.
It was ordered for the claimant to ...

1. Write to the court and the defendant with confirmation of whether or not they intend to rely on the POFA 2012.

2. File and serve answers to the questions the defendant asked in her email and provide the defendant with the photographs requested (if any exist).

3. File and serve on the defendant a breakdown of the sum claimed.

Then ordered all parties to:
4. File and serve copies of all documents upon which they intend to rely at the hearing.

5. File and serve witness statements.
The deadlines for these have long passed and I've received nothing.

I have not contacted the defendant to request the information. Do I now need to do that?
Thanks

Umkomaas

I have not contacted the defendant to request the information

Aren’t you the defendant?

Stuck2017

Sorry. Meant to write "claimant" rather than "defendant" in the last paragraph above!

[Deleted User]

Have you filed your court bundle?

I know they're in default, but you seem quite chilled out about everything.

I'd definitely get a skeleton done and lodged and a costs schedule of my own (because it it were me I'd be claiming time off work etc).

A skelly can be used both to precis your arguments but also to flag the default and the fact that it has prejudiced your ability to understand clearly the case you have to answer.

Stuck2017

Thank you. Yes I posted my bundle on time, and have drafted some of my skeleton argument, which I'll serve before the hearing based on advice here.
I'm not really chilled! I'm very nervous about defending myself in court but I'm confident in my defence. Just not confident with the court experience itself....

Stuck2017

Getting nervous before the hearing tomorrow.
I'm worried that I haven't seen the claimant's case at all (other than the particulars of claim).

Will I get chance to say this to the judge before the hearing commences? Or will I wait until my turn to speak in the hearing?

Stuck2017

Getting nervous before the hearing tomorrow.
I'm worried that I haven't seen the claimant's case at all (other than the particulars of claim).

Will I get chance to say this to the judge before the hearing commences? Or will I wait until my turn to speak in the hearing?

Umkomaas

While I’m no court expert, I think you need to judge (no pun intended) to the situation when you enter the courtroom. But you do need to get it in whenever the earliest opportunity presents itself.

You will report to a court official when you arrive to book in. Ask if they can give you any advice on how/when to broach the issue in the courtroom.

Stuck2017

Good idea, thank you.