PCN escalated to Court proceedings **EDIT - I WON**

henrik777

If you unreasonably plump for 3 then you may be asked to pay the costs of the opponents application.

I would refuse 1 as it is their standard M.O. to not make a proper case from the outset. They normally load a witness statement with a statement of case which is totally outwith the rules and spirit of the over riding objective.

Option 2 is reasonable. You pretty much get to refute anything they throw in late, or indeed ask that it be struck out of a witness statement etc.

Option 3 would be a great outcome as they'd have to pay to lift the stay, but as i say, forcing it there might cost YOU.

Coupon-mad

But not with the explanation I have suggested.  I can't see how the planned email is in any way unreasonable and it explains why 1 and 2 are not OK, and that the parties cannot come to a agreement but she's made every effort... and by the way Court, you haven't applied the CRA 2015 unfairness test...and you should because you have all the info in complete case files from both parties, which more than enough facts that s71 says you need to invoke the court's duty.

Littlewadie

I attended my hearing in person on 23rd March at some considerable inconvience to myself and my husband, and the Claimant failed to appear despite paying for, and knowing about the hearing.  I was surprised that the case was adjourned rather than being struck out.  I have now received the Court's Order dated xx/xx/2020. 

Myself and my husband are in the 'high risk' category for Coronavirus and we are self-isolating.  The claimant is already aware of my medical condition and the current situation is causing such anxiety to myself and my family that a telephone hearing, and the email preparation needed beforehand to electronically file and serve evidence if ordered to do so, is not something that myself and my husband can currently attend to, and this would be unfair to a defendant who meets the definition of disability within the Equality Act 2010.  

They did not send their own witness who wrote the ws but a rep was sent and he was not let into the building for the trial, due to him informing the court on the previous Friday that he was in the high risk category and had to self isolate but turned up anyway. Does that make a difference.

Also with my disability I don't come under a high risk catergory and dont have to self isolate but we are anyway due to keeping the kids away from everyone, do I need to re write this?

Many thanks for the in-depth letter, it is much appreciated.

Coupon-mad

Yes re-write that bit and make it clear that you and your husband have x young children at home, who are somewhat 'stir crazy' this month and cannot be left unsupervised.  There is no space or chance to apply full concentration for a telephone hearing for an hour where both of you would be needed (husband as a witness) because neither of you would then be supervising the children.

Littlewadie

Coupon-mad said:

Yes re-write that bit and make it clear that you and your husband have x young children at home, who are somewhat 'stir crazy' this month and cannot be left unsupervised.  There is no space or chance to apply full concentration for a telephone hearing for an hour where both of you would be needed (husband as a witness) because neither of you would then be supervising the children.

Great thanks

Littlewadie

UPDATE:
I received my letter back from the court today, my hearing has been adjourned until 29th June 2020. Thankfully they have taken my reasons for the other 2 options seriously and I will get my day in court, disappointed they never just struck it out though.
On another note BW chose option 1.
I have also received a total of 4 letters from PP so far saying they will take my to court and I have had a 'final demand prior to commencement of court action'. (They can not start another case for the same thing can they?)

nosferatu1001

O fcourse they cant - youve double checked the PCN ref are the same?
I would reply back, ONCE, INSTRUCTING them to cease their harassment as they already have an open claim against you, due to be heard on 29.06.2020, and you will be bringing up their persistent harassment in the claim as PART OF your evidence of their unreasonable behaviour to date. 

Coupon-mad

Littlewadie said:

UPDATE:
I received my letter back from the court today, my hearing has been adjourned until 29th June 2020. Thankfully they have taken my reasons for the other 2 options seriously and I will get my day in court, disappointed they never just struck it out though.
On another note BW chose option 1.

I have also received a total of 4 letters from PP so far saying they will take my to court and I have had a 'final demand prior to commencement of court action'. (They can not start another case for the same thing can they?)

Send a scan of those letters to the Judge - and a copy to BW Legal (because you must) and say you require that these abusive letters be placed on the court file as evidence that the Claimant is unlawfully demanding that the Defendant must pay up or face court..when clearly, a hearing is already set.  Incompetence at best, harassment at worst.

Littlewadie

Coupon-mad said:

Littlewadie said:

UPDATE:
I received my letter back from the court today, my hearing has been adjourned until 29th June 2020. Thankfully they have taken my reasons for the other 2 options seriously and I will get my day in court, disappointed they never just struck it out though.
On another note BW chose option 1.

I have also received a total of 4 letters from PP so far saying they will take my to court and I have had a 'final demand prior to commencement of court action'. (They can not start another case for the same thing can they?)

Send a scan of those letters to the Judge - and a copy to BW Legal (because you must) and say you require that these abusive letters be placed on the court file as evidence that the Claimant is unlawfully demanding that the Defendant must pay up or face court..when clearly, a hearing is already set.  Incompetence at best, harassment at worst.

Ok will do that, should I just keep it as simple as you have stated or a more complex cover letter?
Should I also do as nosferatu1001 has said and send a letter to PP too?

KeithP

Littlewadie said:

Should I also do as nosferatu1001 has said and send a letter to PP too?

I would, and send a copy of that letter to the court too for their file.