PCN due to faulty tablet

Fruitcake

We have seen people caught out because they didn't spot the hearing date buried in amongst the fine print. Go through the order with a fine tooth comb and triple check to see if there is a court date in there somewhere.
If in doubt, call the court.

In any case, you should be telling the court that you want a face to face hearing, especially if there is any mention of the case being heard on papers which you do not want under any circumstances.

nosferatu1001

"Each party shall send to the other and to the court copies of all documents on which they rely 14 days before hearing."
That means you HAVE to know the hearing date. Obviously! 
Call the court once you ha ve checked the doc thoroughly...

Coupon-mad

Of course you must state you do not agree to a remote hearing if the Court mean 'heard on the papers' but a telephone hearing will be OK.

Read the TELEPHONE HEARINGS thread.

henteaser

OK thanks everyone, confirmed with the court directly there is no date set yet, the order is to clarify if the parties wish to have a open court hearing or remote, the relevant part being;

----
The court may, if all parties agree, deal with the claim on paper. If you wish the court to consider dealing with the matter in this way rather than at a hearing, you should notify the court in writing and send a copy of your letter to all other parties within 14 days of receipt of this order. 
The court considers that this case may be suitable for disposal by remote means.The parties are required to discuss
whether the final hearing might take place by video, and if so they must within 14 days of receipt of this order
notify the court of their proposed arrangements for the final hearing.
----

We will obviously decline any invitation to deal with the claim on paper.
We are happy to have a remote hearing via video call, however I have not heard from CEL about the matter. 
Considering there is no way other than letter to reach CEL and I need to reply within 14 days of the order, how would you I advise I proceed? Just go ahead and email the court the above, or actually attempt to "discuss" with CEL?

nosferatu1001

Why dont you just send a letter? Give them two days to respond, stating you will tell the court you are fine with a video hearing unless they respond with a different option. 

Coupon-mad

Send them an email - their email addy is everywhere on CEL threads. Tell the court and CEL ''no'' to a hearing on the papers of course.

henteaser

Thanks everyone. I contacted the court to ensure it was clear we didn't want a hearing on paper. We sent a letter to CEL. They never replied nor contacted the court.

So we have now received a court date of 7th December. Here is the letter from the court;

--------------------------------

The trial of the above claim will take place at X:00 PM on 7th December 2020 at X Court House.

Any application in the case must be made to the court where the case is to be tried.

The hearing is to take place by way of either a Microsoft Teams or CVP video conference. 

The parties are to supply the email addresses for their representatives and witnesses at least 7 days prior to the hearing.

District Judge X has ordered that:

- The time allowed for the trial is 2 hours.

- The claimant shall lodge at the court at least 7 days before the hearing an indexed bundle of documents contained in a ring binder and with each page clearly numbered.

- Each party must inform the court immediately if the claim is settled whether or not it is then possible to file a draft consent order to give effect to their agreement.

Please note: This case may be released to another Judge, possibly at a different Court.

Unless the claimant does by 4.00pm on the 9 November 2020 pay to the court the trial fee of £25.00 or file a properly completed application (i.e one which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with effect from 9 November 2020 without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred.

(The trial fee is fee 2.1 in the current Civil Fees Order).

If your claim has been struck out, it will no longer exist. The hearing will be vacated, unless a counterclaim survives the claim being struck out.

--------------------------------

Strangely, it makes no mention of what the defendant is required to do other than supply an email for the video conference (no mentioned of WS or evidence?)

As the deadline of 9th Nov is well inside the 14 days usually required for my WS, I'm thinking I will wait it out until CEL have coughed up their £25 before doing anything.

Any advice or comment on the above would be really appreciated. WS and evidence ready to go. 

nosferatu1001

"

- The claimant shall lodge at the court at least 7 days before the hearing an indexed bundle of documents contained in a ring binder and with each page clearly numbered."
The bundle will be everyones bundle. so you have to serve them your doc. 

D_P_Dance

Strangely, it makes no mention of what the defendant is required to do ...

I come to the same conclusion.  

henteaser

nosferatu1001 said:

"

- The claimant shall lodge at the court at least 7 days before the hearing an indexed bundle of documents contained in a ring binder and with each page clearly numbered."
The bundle will be everyones bundle. so you have to serve them your doc. 

I send my WS and exhibits to the Claimant and they send it the court on my behalf??