Being taken to court -letter from judge help please

startingout2016

Last May I had a problem with a trader who forced me to sign an invoice for work they hadnt carried out before they would leave my house.

They then sent debt collectors to recover the money and after that went through small claims.

I have had a letter from the court with a court hearing date but the wording is confusing.

The letter is titled 'Notice of Allocation or listing Hearing'.

The wording is:

'Deputy District Judge ***** has considered the statements of case and directions questionnaires submitted in this claim and has decided that a hearing is necessary before a final decision about allocation can be made.

Reasons for hearing are as follows:

The purpose of the hearing is to determine what directions for trial are appropriate and in particular whether the present parties are the correct parties to the proceedings. '

Can anyone let me know if this is normal?

The Judge requested I send a copy of the invoice I had and the debt collectors letter which I have done.

It all seems strange to me as the traders have acted so badly that I am surprised the Judge didn't see the claim and throw it out rather than wasting time hearing it.

Can anyone shed any light?

AndyMc.....

All seem pretty normal.

The trader has put evidence for his claim before a court. He’s sent a copy of the unpaid invoice as evidence.

All the judge wants to know at this point is does the claim relate to you and do you intend to contest it.

teneighty

I'm not an expert and from my own experience last year you have my sympathies as I found the "small claims/moneyclaim" system extremely confusing and very difficult to get guidance on.

I assume you completed and returned your "Defence and Counterclaim" notice.

I also assume you have not received the "Notice of Allocation to the Small Claims Track (Hearing)" letter from the court so it sounds to me like the judge is wavering whether the case can be allocated to the "Small Claims Track" and is asking for more evidence to confirm the people involved.

I assume he is asking for a copy of the invoice and debt collectors letter to clarify what "evidence" you have that work was done and by whom. Is it possible that the names of the claimant and defendant on the Court documents are not the same as the names on the invoice and debt collector's letter?

stator

Next time call the police.

startingout2016

stator wrote: »

Next time call the police.

looking back I wish I had.

I had a screaming baby and 2 men in my house who refused to leave. It was very scary.

startingout2016

teneighty wrote: »

I'm not an expert and from my own experience last year you have my sympathies as I found the "small claims/moneyclaim" system extremely confusing and very difficult to get guidance on.

I assume you completed and returned your "Defence and Counterclaim" notice.

I also assume you have not received the "Notice of Allocation to the Small Claims Track (Hearing)" letter from the court so it sounds to me like the judge is wavering whether the case can be allocated to the "Small Claims Track" and is asking for more evidence to confirm the people involved.

I assume he is asking for a copy of the invoice and debt collectors letter to clarify what "evidence" you have that work was done and by whom. Is it possible that the names of the claimant and defendant on the Court documents are not the same as the names on the invoice and debt collector's letter?

yes the defence and counterclaim has been completed and returned using the MCOL online system. I don't think I have had Notice of Allocation to the Small Claims Track letter so this must be whats happening.

The claim was submitted in the name of the Managing Director, but obviously all correspondence I have had in the form of invoice and debt collectors letters have been in the company name, so could that be something to do with it?

I am so worried about it all and nervous about facing the person in court

macman

startingout2016 wrote: »

looking back I wish I had.

I had a screaming baby and 2 men in my house who refused to leave. It was very scary.

You can always sign it as 'disputed' or 'paid under protest'.
You won't be 'in court'. You'll be in a room with the judge in civvies and the plaintiff sitting on the other side of the table, doing his best to look humble and respectful in front of the judge.

teneighty

I have to say the Judge in my case was brilliant. From the written evidence submitted he already had a pretty good idea what the facts were and when the lying scumbag I was up against tried to get clever, the judge soon slapped him down.

If the judge decides the case can go to Court you will receive a "Notice of Allocation" giving a Court date and probably an option for a mediation hearing. At this point you are required to submit all your written evidence, 1 copy for the court and 1 for the claimant. Your evidence is very very important, it is your chance to show no work was completed, so you can submit photographs, witness statements etc. Just stick to the facts and try to keep emotions out of it and avoid "he said, she said" allegations that cannot be backed up by proof.

As I understand it if the work was allegedly done by a Limited Company then the company must take action, not a director of the company personally. So the claimant should be "Cowboy Builders Ltd." not Mr. William Coady. So maybe that is why the judge wants a copy of the invoice and their case will fall at the first hurdle.

Good Luck.

teneighty

macman wrote: »

You can always sign it as 'disputed' or 'paid under protest'.
You won't be 'in court'. You'll be in a room with the judge in civvies and the plaintiff sitting on the other side of the table, doing his best to look humble and respectful in front of the judge.

That's a good idea. Jump in your time machine, go back and sign it as suggested.

Do you honestly believe if you were being "coerced" to sign a document and you write "paid under protest" across it the bully threatening you would be happy?

Mistral001

macman wrote: »

You can always sign it as 'disputed' or 'paid under protest'.
YYou won't be 'in court'. You'll be in a room with the judge in civvies and the plaintiff sitting on the other side of the table, doing his best to look humble and respectful in front of the judge.

It depends on which court you go to, but it will be a court of law despite the surroundings and the dress of the judge. You will be sworn in when giving evidence and you will be expected to dress and behave in a way that does not disrespect the court.

Ectophile

teneighty wrote: »

The claim was submitted in the name of the Managing Director, but obviously all correspondence I have had in the form of invoice and debt collectors letters have been in the company name, so could that be something to do with it?

That is certainly something you should ask the judge to look at. You may have a good point that the person bringing the claim is not even the company that you allegedly owe money to.