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Automatic CCJ?

Hi folks, sorry if this is repetitive/already clear but I need a bit of advice before I send off my WS..
I'm due a court hearing on 2nd May and so I'm about to file the WS. However, unfortunately by the time the court date came through I was already booked to be out of the country for work and I can't cancel.. So I'm unable to attend.

Three questions for you;
1. I've put together what I think is a good WS with attached evidence and documentation, plus a covering letter to the judge explaining that I unfortunately can't attend. Should I still do this? Is it possible for someone else to attend on my behalf or is that nonsense/impossible/not useful?

2. If I don't turn up and despite this cover letter will a CCJ be automatically applied to my case? If so do I just follow an appeal process? The thought of continuing this case gives me proper shudders but I can't get to the court hearing so if this is the route it takes, so be it.

3. Finally, Gladstones/UKCPM haven't sent me the copy of their Directions Questionnaire, which I thought they were required to and was due at least 2 months ago? Do I request to see that or does the fact that they haven't sent me a copy potentially mean that they didn't file one?

Here's hoping they don't file or present their case by 18th which is the cut off and the case is dismissed, but who's to know if that'll happen?!

Thanking you...

Comments

  • Umkomaas
    Umkomaas Posts: 43,778 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 April 2019 at 6:08PM
    1. Yes, an explanation for non attendance would be good manners and might win you some brownie points. Unless you are present, no one can attend on your behalf.

    2. A CCJ is only issued if the case is lost. There is no further appeal available to you.

    3. If they were given a deadline date for submission and have failed you need to complain to the court. But first, check out with the court as to whether they have received a copy.

    Just on the subject of you not being able to attend - have you contacted the court to explore the possibility of the case being rescheduled? Things have not gone well recently where defendants have opted for an ‘on the papers’ hearing, especially as they copped for the entire claim which included spurious add-ons that they would have had removed had they taken it up with the Judge face to face.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

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  • lawdrah
    lawdrah Posts: 19 Forumite
    Third Anniversary 10 Posts Name Dropper
    Thank you for your answer on this..
    OK, I'll keep the cover letter as it is and try to win as many brownie points as I can.

    Yes I did write to request a possibility of rescheduling and was told I have to firstly request this change of date with the Claimant, then I have to pay a fee of £100 and fill in paperwork to do so. If the Claimant doesn't respond (which, let's face it, is very likely) then I have to fill in a different form and pay £255. So as you can imagine I'm reticent to go down this path!

    That doesn't sound good about the 'on the papers' hearings, hmm. I can't do anything much about this so I'm appealing to the judge's decency on this matter in the covering letter. My evidence clearly shows that there was no signage on entrance to the site (a private road) and as it was dark there was no light on the teeny sign very high up on a wall. Plus the sign was of course limited...and they've bolted on the usual high extra charges, interest etc that isn't mentioned on the sign...
  • Umkomaas
    Umkomaas Posts: 43,778 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    and they've bolted on the usual high extra charges, interest etc that isn't mentioned on the sign...
    So if it is to be an ‘on the papers’ hearing, you need to emphasise the inappropriateness of any Claim over and above the basics

    £100 original PCN
    £25 filing fee
    £25 hearing fee (although I’m not sure whether this is payable for an ‘on the papers’ case)
    £50 solicitor fees (if proof is shown of such expenditure)
    £x - a small amount of interest.

    Any add-ons like debt collector charges (they work on a no win, no fee), additional solicitor charges, further admin charges must be argued - they are an attempt at double recovery and should be disallowed.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 155,716 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Here is a defence where #11 onwards covers the reasons why the added costs are made up out of thin air and are not recoverable:

    https://forums.moneysavingexpert.com/discussion/comment/75697191#Comment_75697191

    You can adapt that into a skeleton argument and use it to file your case law evidence and legal arguments clearly, keeping you WS separate.

    Please continue and ask all questions on your existing thread ONLY.

    PLEASE NO REPLIES ON THIS THREAD - IT IS A DUPLICATE.
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