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Court Claim Defence
Comments
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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?0 -
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.1
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Yes , only one route
oral hearing
papers is terrible3 -
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.0
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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.0 -
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 you1 -
Read this about a recent case handled by phone. The judge erred many times and you do not want thisFalcon50 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.
https://forums.moneysavingexpert.com/discussion/6124037/cel-court-hearing-now-being-heard-over-telephone-due-to-covid-19-pandemic/p1
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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.1 -
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.0
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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).
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Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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