County Court Claim Form HELP PLEASE!

huntrm100

Hi again all,
I have received the N180 from the claimant and am filling in and submitting mine today. I just wanted to check...how long does it take from this point as I am moving abroad permanently with work in about 11 weeks...!
Thanks

nosferatu1001

A lot longer than 11 weeks
If youre moving abroad, will you have any care about a UK CCJ? Im going to presume not...so you could let the C know that they may as well drop this now, as you will be out of rech of any UK court judgement...

Coupon-mad

If you knew this you should have given 'an address' abroad before the claim was served.  You will be out of jurisdiction.  Read the thread by the recent German poster - search the forum for Germany.

huntrm100

I only got the job on Monday! Would it be worth me updating this an sending a second N180?

Coupon-mad

Yes, why not.

huntrm100

Hi again all,

I have a new update on my case saying that it has been allocated to the small claims track. It then says that the judge plans to "dispose of the case without a hearing - that is on papers alone" and I have received a slip to fill in detailing whether or not I agree to this or not. If I agree, evidence and documents can be provided in place of being present so I presume this is the option I want? I am also moving permanently to Spain on Thursday and have left my current property address so may not receive the response from OPS. Do any of you expert have any advice or can you confirm what my next step should be? The letter does suggest parties settle by negotiation, is this an option to explore or not at all?

Thanks again!

Le_Kirk

If you read the NEWBIES and follow the other threads about the process, it does say NOT to agree to an "on papers" hearing as you will be open to whatever story the claimant tells without recourse to cross examining their witness and/or disagreeing with their comments.  The fact that you are moving outside the UK court's jurisdiction is another matter and best discussed with the court, CCBC or whoever sent the allocation.  Have you already completed a DQ form?

huntrm100

Ah ok, good point! Yes DQ form already completed. I plan to phone the court tomorrow about the moving abroad part...

Coupon-mad

Hmmm...if you are moving to Spain then say you want a telephone hearing but give the Court and the C's solciitor, your Spanish address for service from now on and tell them not to send anything to the UK address by post, but to please use post AND email for everything so that you see it in time.

Use my words from the TELEPHONE HEARINGS thread (NOT THE FIRST PAGES) where I give the wording to use to explain why a hearing 'on the papers' is not fair on a Litigant in Person v a represented parking firm.  State that even though you are moving abroad permanently, this is a matter of getting justice and you want your voice to be heard by phone.

Le_Kirk

Presumably at the time of completing the DQ, you did not know you were moving permanently out of UK.