PayByPhone: Paid wrong location (Council) instead of SiP (Private)

Coupon-mad

Please tell us you sent in a WS and evidence...you will lose with just a raw defence.

Chai_Tea

Argh. This is embarrassing. No I didn't send it.
Is it even worth sending it today?

Le_Kirk

Chai_Tea wrote: »

Argh. This is embarrassing. No I didn't send it.
Is it even worth sending it today?

You can only try BUT, if you are not going to be there and cannot get the court to delay it, you will have to file and serve a VERY strong WS and as you will not be there you will have no control over what the claimant might say. If you are not going to attend, you should inform the court.

Chai_Tea

Thanks.
I have informed the court that I cannot attend.
I will send it in. There is a very small chance I can make it on the day, so I think it's worth doing.

nosferatu1001

If you DONT file one, you are at risk of being found "unreasonable"

This may land you with greater costs IF you lose.

So, you MUST send one in - to the court AND to the claimant. Do not draw attention to it

If you cannot make it you must let the court and claimant know.

Chai_Tea

I have rung the courts today. I had already emailed to ask for a change of date as I couldn’t make this date. It had been logged. I was advised to send and email to the judge to ask for a change of date. I have done this. She also advised that I could send the judge the points I want to raise if that cannot be done.
I will send the witness statement to SIP and the court.
Should I post on here first? No one in court or at SIP is going to read anything until Monday now.

Coupon-mad

Yes please, on Sunday with out fail!

It needs to resemble the examples you found when your read the NEWBIES thread, with your evidence attached as exhibits, and not by email. The sticky thread tells you about evidence tips.

NO LINK GIVEN - see my signature and no trying to use this forum on a phone.

Read CEC16's thread right now, as soon as you are back on here, and print off the CRA 2015 schedule 2 'grey list' of terms that may be unfair, with 6, 10 and 14 highlighted (CEC16's thread explains all this and you need to cover it in your WS as well).

You can/should use my points 1, 2, 3, from that thread, that start 'the Claimant knew or should have known' as part of your WS and evidence, because that bit stops them adding sixty quid, EVEN IF you lose the case - it's damage limitation.

Search the forum for ring binder to see how to present this to the court, and do it all properly - i.e. get someone to (or you) take it to court on Monday morning for the court staff to hand to the Judge for Thursday.

Chai_Tea

Thanks a lot Coupon-mad.
I’ll do this and get my draft posted on. I’ve already done my version, I’ll go through your comments and get them in.
I can get to the court tomorrow so no problem there.
Can I email the claimant or does that need to be post too? I can hand deliver to their registered office (it’s a PO Box in reality, they don’t have offices there and pick up a couple of times a week), it’s not the one on their witness statement but I’ve hand delivered there before.

Le_Kirk

You can e-mail to the claimant (if they allow it) but for post, you will find the postal address on the claim form - address for service of documents.

1505grandad

If posting make sure you obtain a free certificate of posting.