Help with defence for court claim

Coupon-mad

there has been a sanction order placed which expired on the 28th May so I take it this has now been now thrown out of court if they did not respond to this?

I would phone whichever court sanctioned that claim and ask if the Claimant responded. Was it stayed by the local court and if so, what did the order say, exactly?

As for the one that's allocated locally, when you get a hearing date that letter will also state your deadline for filing & serving your own WS and evidence. So read the NEWBIES thread section in post #2 of the sticky, about Witness Statement examples and tips for evidence to include.

Prepare your WS and evidence but don't rush to serve it once you get your dates through, as it's good if you wait and hang on, hoping to see theirs arrive first, then you can demolish it as part of your WS.

robby29

Thanks for the info coupon-mad. I phoned the court today and I need to wait another 2 weeks as they are only up to opening the post/emails to the 7th May. They have told me if they have not received a response from the claimant by the 28th May the case will be thrown out.

Will keep you posted!

The other claim as I said is on its way to my local court.

robby29

Just to update the other claim has been passed to my local court so looks like both hearings are going ahead. I would imagine as it’s now gone this far it’s very likely both cases will go ahead?

robby29

Also had a letter from bw asking if I would like to settle one claim at a reduced cost down to £180. The have also added that my defence is copied and pasted and mentioned it several times and they receive these defences daily and most of my defence is irrelevant.

Coupon-mad

robby29 wrote: »

Also had a letter from bw asking if I would like to settle one claim at a reduced cost down to £180. The have also added that my defence is copied and pasted and mentioned it several times and they receive these defences daily and most of my defence is irrelevant.

That's normal for BW Legal. It's a template, ironically accusing you of using a template!

THEY are irrelevant.

Just to update the other claim has been passed to my local court so looks like both hearings are going ahead. I would imagine as it’s now gone this far it’s very likely both cases will go ahead?

No, you need to get them consolidated. Search the forum for that word as I seem to type this every day...

robby29

I have mentioned that both cases need to be consolidated in both claims in my defence so hopefully the judge will pick this up.

nosferatu1001

If they dont, then in the FIRST claims hearing, mention this - and ask if the two can be heard now, because the courts time should not be wasted with two hearings. The other side will likely object, but point out all the reasons why it should be done at the same timel.

robby29

nosferatu1001 wrote: »

If they dont, then in the FIRST claims hearing, mention this - and ask if the two can be heard now, because the courts time should not be wasted with two hearings. The other side will likely object, but point out all the reasons why it should be done at the same timel.

Will do just that looking forward to beating these scumbags in court now. Will get a good defence started.

Coupon-mad

robby29 wrote: »

I have mentioned that both cases need to be consolidated in both claims in my defence so hopefully the judge will pick this up.

No, no and more no.

This has been covered so many times. I wanted to avoid repeating all this again.

The Judge WILL NOT see it until it's too late to order the claims to be consolidated, so you have to keep repeating it at EVERY stage, with your WS, and if not spotted then send a letter to the court again now...and not recorded delivery on a Friday, obvs!

robby29

Coupon-mad wrote: »

No, no and more no.

This has been covered so many times. I wanted to avoid repeating all this again.

The Judge WILL NOT see it until it's too late to order the claims to be consolidated, so you have to keep repeating it at EVERY stage, with your WS, and if not spotted then send a letter to the court again now...and not recorded delivery on a Friday, obvs!

Sorry coupon mad I’m not the best at this sort of thing, I will send a letter to the court/judge next week. My first hearing date has now arrived.