BW legal/Excel small claim

Coupon-mad

Was the Claim form sent to a valid address for you in E&W then?

Send BW Legal a costs schedule including the cost of flights and overnight accommodation to attend the hearing, make it very high, with evidence of flight cost, and invite them to discontinue.

Castle

Coupon-mad wrote: »

Was the Claim form sent to a valid address for you in E&W then?

Send BW Legal a costs schedule including the cost of flights and overnight accommodation to attend the hearing, make it very high, with evidence of flight cost, and invite them to discontinue.

And don't forget your taxi fares from/to the airports plus the loss of at least two days earnings.

nosferatu1001

earnings OR loss of leave.

System

Go back to the Court Manager and ask for the case to be adjourned under CPR 3.1 (2)(b) as you cannot attend (as you live in France). You've told the court this in their Directions Questionnaire (attach copy) but you will inform the court when you return permanently to the country.

Ask them to put a copy on file with your case XXXXXX.

Since a judge will not have seen this, and the issue is with the court manager, then the judge will be pretty !!!!ed off when they look at the papers and see you are not attending. It would be unreasonable for them to make a ruling in the knowledge that a defendant has clearly indicated they are non-resident since there would be a case for a set-aside if they did.

Clearly if you sent costs to BW saying you'll be flying in will put a big hole in the above argument, so you have to decide on which strategy you want to use - a threat to BW or the court's rules.

Coupon-mad

I like your alternative strategy, IamEmanresu. :T

DW190

Judgements can be entered against a defendant in any European country.

I have one against an x partner. To get it I had to get an order from the Court signed by a Judge served by a service processor in Spain. Went back to Court with a witness statement from the processor and a transcript of it and the same Judge entered Judgement.

The order was that if the defendant did not file a defence by XX/XX/XX I the claimant could ask for Judgement to be entered.

Lots of hassle but worth it for a six figure sum.

The defendant just ignored and now has a hefty charge registered on his house attracting 8%.

System

Judgements can be entered against a defendant in any European country.

Agreed especially in Family Law/divorce cases which is why you have all these oligarchs or their ex-wives coming to London for divorce payouts.

Can't see BW pay for a service processor (emphasis on process) for France.

The OP would have had to a) accept jurisdiction which he has and b) accepted the timetabling which he hasn't.

This is a scheduling rather than a legislation issue so going back to the court to reiterate his "availability" should happen. The defendant is entitled to be heard unless they have inadvertently returned the N159 instead of the N180 form that Gladstones slip in.

Seaskewer

Hi, no they sent it to my old address.

DW190

IamEmanresu wrote: »

Agreed especially in Family Law/divorce cases which is why you have all these oligarchs or their ex-wives coming to London for divorce payouts.

Business Partners. Three of them. Judgement for full claim against the absconder and an out of Court settlement with the other two.

Coupon-mad

Seaskewer wrote: »

Hi, no they sent it to my old address.

Riiiight...Have you take on board what IamEmanresu actually said to do?

You've told the court this in their Directions Questionnaire (attach copy) but you will inform the court when you return permanently to the country.

DID you tell the court in the DQ that you live in France?