We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Court Claim Defence

13»

Comments

  • Falcon50
    Falcon50 Posts: 14 Forumite
    Third Anniversary 10 Posts
    General consensus of opinion required please. My imminent court date has been postponed due to Covid-19, but the court has also requested to make it's own judgment without an oral hearing based on evidence already submitted by both parties.
    I think I have a very good case, in my Witness Statement I quoted all the abuse of process info and various inaccuracies in the Claimants WS.
    I really wanted this to be over ASAP due to the stress it's causing me but I was well prepared to defend this in court.
    I really don't know whether to let the court decide or have my day in court. Any opinions please?
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    My personal preference would be to have this postponed until I can question the claimant face to face.  Especially when abuse of process is in the mix, soe judges take a very hard line with this.  .  
    You never know how far you can go until you go too far.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Yes , only one route

    oral hearing 
    papers is terrible 
  • Falcon50
    Falcon50 Posts: 14 Forumite
    Third Anniversary 10 Posts
    Yes I thought that may be the best option, it just prolongs the waiting, I was all riled up ready to go and pull them to pieces, now I'll have to calm down and wait until a new hearing date comes through.
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
     I was all riled up ready to go and pull them to pieces, now I'll have to calm down and wait until a new hearing date comes through.

    Calm down, Judge Rinder is not real.
    You never know how far you can go until you go too far.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Are you sure inaction is all that's needed?
    sone courts have wanted Parties to explicitly tell them the option. We don't know ,your letter will tell you 
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Falcon50 said:
    Yes I thought that may be the best option, it just prolongs the waiting, I was all riled up ready to go and pull them to pieces, now I'll have to calm down and wait until a new hearing date comes through.
    Read this about a recent case handled by phone. The judge erred many times and you do not want this
    https://forums.moneysavingexpert.com/discussion/6124037/cel-court-hearing-now-being-heard-over-telephone-due-to-covid-19-pandemic/p1
  • Falcon50
    Falcon50 Posts: 14 Forumite
    Third Anniversary 10 Posts
    I've read through that post. My letter states that both parties must consent to an unrepresented hearing by agreeing in writing or by email to the court by a date to too far from now.
    It also says we can object to this within 7 days of receiving the letter, but the letter has taken 2 weeks to arrive and it's too late for that now as the original scheduled hearing is imminent. It makes no odds anyway as I'll say I wish to have a face to face hearing at a later date. I've been 6 months preparing for it, I don't want it to all be for nothing.
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If the letter arrived two weeks late then tell them so.  We advice that you  refuse outright anything but a face to face hearing, any other severely disadvantages you.  
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 160,956 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 14 April 2020 at 8:19PM
    Object to it anyway, and state when you received the Order and what you request the court does, and why you want a face to face hearing (this has been spelt out several times on lots of threads this month).
    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
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.1K Banking & Borrowing
  • 254.3K Reduce Debt & Boost Income
  • 455.3K Spending & Discounts
  • 247.1K Work, Benefits & Business
  • 603.8K Mortgages, Homes & Bills
  • 178.4K Life & Family
  • 261.3K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.