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POPLA decision unsuccessful advice/help
Comments
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I completed and submitted the Directions Questionnaire (N180), as explained by bargepole in the NEWBIES thread 2nd post. I've now received a 'Without Prejudice Save as to Costs' letter from BW Legal with an offer of settlement in order to avoid either party incurring any further costs.0
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I've received a letter from my local County Court saying:
IT IS ORDERED THAT
The District Judge proposes to dispose of the claim without a hearing – that is on the papers alone. The parties must complete the Form N159 Response which is attached to this order and return it to the court.
The District Judge can only deal with the case in this way if both parties agree. If both parties have not returned the form to the court by 18 February 2019, indicating agreement, directions will be given for a hearing to take place.
The parties should note:
a) if they agree to the disposal of the claim with a hearing, they will be able to file documents and evidence in support of their cases
b) they will have the opportunity to file a response to the documents of the other party
c) refusal to have the claim disposed of without a hearing will be taken into account in deciding where the hearing will be held. A party so refusing may be regarded as willing to travel to a court convenient to the other party.
Should I agree that the claim be dealt with on the papers alone?0 -
c) refusal to have the claim disposed of without a hearing will be taken into account in deciding where the hearing will be held. A party so refusing may be regarded as willing to travel to a court convenient to the other party.
Not seen that before. Careful consideration needed.0 -
I received the same last week - anyone got experience of what they did next?0
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goingcrazy2019 wrote: »I received the same last week - anyone got experience of what they did next?
Nope. Unless the OP reports back we are just as wise to the outcome as you are I'm afraid.
We give lots of our time to help people free of charge. Unfortunately, some of them 'repay' that assistance by providing no further feedback!Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0
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