Unable to appear in court - can I ask for a deferred court date?

Cumbria72

Dear Forum experts


I am following forum advice on how to deal with penalty notices, debt collectors and now solicitors. 19 July, I sent a reply back to solicitors asking them to send an appropriate LBC so that I could reply using the court advice document and gave them 30 days to do so.


I included my new postal address because I have recently moved.


I have received a letter today from the solicitors, at my new address, that does not address my letter but notes my new address and asks me to make contact to discuss 'these issues'. It further states that if I do not reply within 14 days they will assume the contact information they have for me is correct.


So - 15 days left for solicitors to comply with my request about an appropriate LBC or does this letter reset the clock?



In 15 days, I go out of the country for two months: I have my evidence ready, however I am concerned that I may get a court date while I am out of the country and will not be able to defend myself. Can I ask the court for a later date? Should I tell the solicitors that I am not here for two months and ask them to defer? Or is this giving them information that they can use against me?


I would like to defend myself.


Thank you in advance. Thank you for the pages of dead helpful advice I have used prior to this post.


Cumbria72 xx

Umkomaas

You will not be given a court hearing date until you've had the opportunity, via the Directions Questionnaire, to state when you are not available.

Even if you received a formal court claim today, you wouldn't have a hearing date much before Christmas.

Why don't you tell us which PPC is involved? There are still many who, despite their threats and bluster, are too frightened to expose their dodgy practices in front of a Judge.

Once we know who you/we are dealing with, the better we can advise.

KeithP

Cumbria72, Umkomaas is of course right but you need to consider what will happen if you receive a County Court Claim while you are away.

If that happens, at best you get 33 days to file a Defence, but if the Claim is not responded to at all within 19 days then the Claimant can ask for a Default Judgment against you.

Umkomaas

^^+1^^

Agree with Keith. You need someone to handle your post daily while you are away, and have (email?) contact with them to alert you to any court claim.

Knowing the PPC will perhaps give us better information to advise.

Cumbria72

Hello all


thankyou for your responses.


Comprehensive Management Services -> ZZPS -> QDR I think is the PPC information.


I do have my partner at home to check my mail and work with me to do the necessary docs in my absence - it was just the thought of getting a court date that coincided with my absence


somewhat reassured by your responses


Best, Cumbria72

Umkomaas

CMS are not über litigious, based on the threads we have here about them. But don't be complacent, be alert to anything that comes your way from them or their sols.