MCOL phase! Please help!

Wirelessoption

Good evening all,

Happy new year to all. I've got a question, my second hearing is coming up soon the first one got adjourned due to both parties "not exchanging witness statements". I've sent mine in AGAIN to the claimant but I haven't received theirs. How should I approach this next hearing and is there any chance of it getting adjourned again? I'm assuming they sent it to my old address despite us exchanging current addresses at the first hearing.

many thanks.

KeithP

I would be raising the issue of the Claimant's Witness Statement not being served on you as soon as you are in front of the judge.

I would not even mention that they might've sent it to the wrong address - it isn't your job to guess what mistakes the Claimant may have made.

Do not accept anything offered you in the waiting room.

Do not allow the Claimant to get another adjournment.

Wirelessoption

Thanks Keith ,
Thats exactly what I don't want happening! me getting another adjournment, would I have to research some laws about this? or its just a case of persuading the judge that another adjournment is unacceptable because of the claimant's lack of responsibility|?

Wirelessoption

SUCCESS!
Just got back from court with a win in the bag! The case got dismissed because the claimant didn't show.

BIG BIG Thanks to everyone who helped and kept me positive. Ive gave the usher my cost schedule. hopefully I'll get back from Tavel and parking cost back.

Umkomaas

Well done, and as Coupon-mad would say, 'Another one bites the dust' :T

Was the case dismissed entirely on the basis of the claimant not attending? Did the Judge comment on what your defence was arguing?

Could you tell us the location of the court (town/city) and the name of the Judge please?

Wirelessoption

to be honest I didn't even see the judge, the usher just told me that the judge has dismissed the case and I was free to go, all the necessary paperwork will be posted to me. I asked the usher if I can file for my expenses, he said yes and took my cost schedule. Do you think I should have done things differently? could this come back to bite me for not hearing it from the judge's mouth?

Coupon-mad

No but you might not get your costs. But a win is a win!

Could you tell us the location of the court (town/city) and the name of the Judge please?

Wirelessoption

Coupon,

I did end up getting my expenses but they claimant still havent paid to this date!! I will have to contact them to make sure they pay.

The location of the court was County Court at Darlington.

Coupon-mad

Well done - and if they do not pay your costs, ask the court to enforce the order.