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Court Claim Received - Found in favour of VCS :-(

124

Comments

  • danonj
    danonj Posts: 22 Forumite
    10 Posts First Anniversary
    So my day in court is coming up next week, and I've asked the court if the hearing is still going ahead given the current environment.  And they wrote to me to say that it is!
    I wouldn't have thought that this would be classed as essential travel and although I want to be there for the hearing I do not want to travel to the court.  I'm going to email them again to say I won't be attending, but would like the hearing postponed until it is safe to travel.
    Any advice on my rights regarding this?  In other circumstances, if there was an emergency that caused you not to be able to appear, what would happen?
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I agree entirely, I have just cancelled an appointment with my dentist in regard ongoing implant surgery.  Why not tell the court you need postponement sine die.  
    You never know how far you can go until you go too far.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    danonj said:
    In other circumstances, if there was an emergency that caused you not to be able to appear, what would happen?
    You would ask for it to be heard on papers
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It is hypothetical anyway, I predict that, when things settle, eviction cases will take priority.   Despite what many tenants may think, most landlords are not wealthy.
    You never know how far you can go until you go too far.
  • danonj
    danonj Posts: 22 Forumite
    10 Posts First Anniversary
    edited 26 March 2020 at 12:37PM
    Would you believe it a letter just fell on to my door mat, hearing has been adjourned until after May.
    Yeah, you would hope that hearings like these parking ones are kicked into the long grass while other more important cases are heard.  With any luck VCS and the likes will go bump while we wait.
  • Fruitcake
    Fruitcake Posts: 59,467 Forumite
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    edited 26 March 2020 at 12:42PM
    In my opinion neither the claimant or defendant should travel unnecessarily. 
    Definitely contact the court again. Ask your MP if she/he thinks it is classed as essential travel.

    It would be unfair to have this heard on papers, and would put you at a severe disadvantage if you were unable to attend but the claimant did.
    Conference 'phone court hearings would not be practical either in my opinion, especially if one or other didn't have the facility or ability to do so.

    Edit, I just saw your new post. Let's hope that is applied across the country.






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  • Redx
    Redx Posts: 38,084 Forumite
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    This one went ahead by phone call

    https://forums.moneysavingexpert.com/discussion/6038857/won-small-claims-court-case/p4

    In these challenging times , things change by the hour , so forbearance is required , as Martin Lewis says
  • danonj
    danonj Posts: 22 Forumite
    10 Posts First Anniversary
    I now have a new date of the end of March for the hearing, which is now going ahead by way of remote video hearing.
    I need to do some reading of the forum again and start preparing my electronic bundle
  • Umkomaas
    Umkomaas Posts: 43,484 Forumite
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    danonj said:
    I now have a new date of the end of March for the hearing, which is now going ahead by way of remote video hearing.
    I need to do some reading of the forum again and start preparing my electronic bundle
    Seriously?  Wow hearings being scheduled 5 months in advance!
    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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  • Coupon-mad
    Coupon-mad Posts: 153,319 Forumite
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    Re-read the NEWBIES thread at each stage. Everything is there, right up to a recent WS example and hearing tips.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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