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County Court Business Centre query

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Comments

  • Umkomaas
    Umkomaas Posts: 43,433 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If it's Brighton, Coupon-mad might be interested in helping a fellow lady against OPS. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Redx said:
    tell her to put her postcode into the court finder website and find her nearest civil county court (so civil not magistrates)

    that is the court she will put on HER dq when she fills her DQ in , she gets to choose her own LOCAL court as a defendant and private individual

    if its Brighton she goes there

    if its Exeter she goes there

    etc

    unlikely to be Northampton unless she lives in Northampton

    capiche ?

    Mine would be either Stockport or more likely Manchester
    Yes, it is Brighton. That's not the problem now though, she won't attend a local court either. So i'm stuck. 
    Could you respond to my earlier points? below: 

    Ok spoken to her again. She is happy to proceed with the defence and see if it makes the other party drop their claim. She still has no intention of going to court though, even if in Brighton (where she lives) - at that point she/we would back out and pay the outstanding invoice owed. 

    Given the above, is there any point in me filing a defence for her? ie what are the chances that : a) the claimant will back down; b) if not (a), the chances of her having to go to court? 

    Also once she files her defend , on receiving a court date, can she then choose to back down and pay the outstanding amount owed? 
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    She can settle at any point
    theyre unlikely to back down on filing the defence. You'd know this from your research. A lot back down AFTER the WS are exchanged.
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 13 April 2020 at 11:06AM
    you can file a defence by email from her email address, ie:- she must email it after she signs it

    she can download the DQ , fill it in naming Brighton as the local court, she can email that as well a few days later, say next week for example (so 2 separate emails , not one)

    she can back out and pay the claimant in full at any time , but being Brighton she may find that parkingmad or coupon mad will assist her and attend wth her as a lay representative, if the claimant doesnt back down

    nobody can tell you the chances of it going to court, not even paddy power

    ie:- she would be foolish to pay up now, especially as its Brighton court
  • Umkomaas
    Umkomaas Posts: 43,433 Forumite
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    She can back out right up the steps of the courtroom on hearing day. She would likely have to pay the full whack as shown on the court claim.  It's not essential to do it any earlier, then it's a case of holding her nerve and seeing if the claimant blinks first. All the evidence of late is that OPS/BWL will blink eventually. 

    All the above is contingent on your GF going through all the court-related processes - defence, DQ, WS etc within the deadlines demanded. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • davemdavid
    davemdavid Posts: 49 Forumite
    10 Posts Name Dropper
    edited 13 April 2020 at 1:53PM
    Ok here is the defence. I have left the edited text in red for now. Not sure what to add in para 19, here is my first attempt. Let me have your thoughts. 
  • Le_Kirk
    Le_Kirk Posts: 24,695 Forumite
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    Quickly take down that document, it contains your case reference and the defendant's name - unless it is a dummy name.  It needs redacting!!!!
  • davemdavid
    davemdavid Posts: 49 Forumite
    10 Posts Name Dropper
    Le_Kirk said:
    Quickly take down that document, it contains your case reference and the defendant's name - unless it is a dummy name.  It needs redacting!!!!
    I was told I could post the defence - so I need to blank out the name etc? 
  • Ralph-y
    Ralph-y Posts: 4,706 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 13 April 2020 at 1:59PM
    yes redact anything that outs your GF ...


    what is the court like ...
     Have a look at this short video:

    www.youtube.com/watch?v=n93eoaxhzpU

    As stated earlier you may well get help on the day from CM ..... you would be absolutely bonkers not to take any such offers of help.

    Ralph B)

  • Coupon-mad
    Coupon-mad Posts: 152,806 Forumite
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    edited 13 April 2020 at 2:05PM
    Ok spoken to her again. She is happy to proceed with the defence and see if it makes the other party drop their claim. She still has no intention of going to court though, even if in Brighton (where she lives) - at that point she/we would back out and pay the outstanding invoice owed. 

    Given the above, is there any point in me filing a defence for her? ie what are the chances that : a) the claimant will back down; b) if not (a), the chances of her having to go to court? 
    Even if I go with her (I am a retired local-ish woman who used to work in a school) and if I speak for her, arguing her case for her (the Defendant has to sit with me)? 

    I do that at Brighton court, free, for posters here.   It's like being in a formal meeting.  That's why I asked you in March if it was in Sussex, because I help people in court.

    It is DEFINITELY worth putting the defence in.  DEFINITELY.  It saves her £60 straight away by virtue of removing the fake sum, and might even see the case struck out or discontinued with no hearing at all, in the end.  

    No point folding now.  No costs escalate and she has every chance of winning.
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