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County Court Papers Receioved

135

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
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    redolly said:
    Finally when I submit my defence do I include my information from my SAR request received.
    Many thanks in advance.
    No.
  • redolly
    redolly Posts: 17 Forumite
    Second Anniversary 10 Posts Name Dropper
    Hi
    Can you advise please. 
    I have received a letter from court asking for the hearing to be allocated to the small claims and if both parties agree the case to be dealt with on paper and with out attendance at a hearing.
    It goes on to say the parties have the right to apply to have the order set aside, varied or stayed. If you choose this option it advises you must deliver the application to the court with any appropriate fees, as I am the defendant I presume the claimant pays any fees if I chose this option?
    Can you advise if I should agree to the court dealing with the case with out a hearing ?
    Thank you in advance

  • Le_Kirk
    Le_Kirk Posts: 24,879 Forumite
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    You could read the thread by @Coupon-mad which goes into the telephone hearings and contains a bit about why you do not want ti to be heard "on the papers."
    https://forums.moneysavingexpert.com/discussion/comment/77063515#Comment_77063515
    https://forums.moneysavingexpert.com/discussion/comment/77063515/p1
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    As above ... NO TO PAPERS because you will need your voice to ask questions
  • Coupon-mad
    Coupon-mad Posts: 154,758 Forumite
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    edited 24 August 2020 at 11:50PM
    redolly said:
    Hi
    Can you advise please. 
    I have received a letter from court asking for the hearing to be allocated to the small claims and if both parties agree the case to be dealt with on paper and with out attendance at a hearing.
    It goes on to say the parties have the right to apply to have the order set aside, varied or stayed. If you choose this option it advises you must deliver the application to the court with any appropriate fees, as I am the defendant I presume the claimant pays any fees if I chose this option?
    Can you advise if I should agree to the court dealing with the case with out a hearing ?
    Thank you in advance

    Obviously not!

    Newbies need to read this forum far more regularly and get off your own tiny thread.  Other people asking the same question every week, and we always clearly say - 'NO'! 

    AND MORE NO"!  You want to lose?

    This is also fully covered in TELEPHONE HEARINGS (a post I made there in June, might be on p14 of that thread).

    It goes on to say the parties have the right to apply to have the order set aside, varied or stayed. If you choose this option it advises you must deliver the application to the court with any appropriate fees, as I am the defendant I presume the claimant pays any fees if I chose this option?
    It says if you want to 'apply' to adjourn it costs a fee.  You are not filling in any application.

    It gives you the right to object within seven days of an Order, so that's what you do.  Like every else!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • redolly
    redolly Posts: 17 Forumite
    Second Anniversary 10 Posts Name Dropper
    Thank you @Le_Kirk do I email the court direct or is their a generic email address?
  • Le_Kirk
    Le_Kirk Posts: 24,879 Forumite
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    I would go back to the court that issued the letter, sometimes (these days) they publish a specific e-mail address for just these occasions.  What does it say on your letter?
  • redolly
    redolly Posts: 17 Forumite
    Second Anniversary 10 Posts Name Dropper
    It says - 'because this order has been made with out a hearing the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of of service of this order. The application notice should identify:
    a) If the applicant requires the small claim hearing to be dealt with on paper without a hearing.
    b) If not whether or not the small claim hearing can be dealt with justly, by telephone. 
  • Coupon-mad
    Coupon-mad Posts: 154,758 Forumite
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    There is no fee needed to say no and why.  Which has already been written by me in June and we told you where to find it.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • redolly
    redolly Posts: 17 Forumite
    Second Anniversary 10 Posts Name Dropper
    There is no fee needed to say no and why.  Which has already been written by me in June and we told you where to find it.
    Hi, I followed your advice in June and submitted my defence with all the documents you advise to submit, this is the latest response from the court requesting case to be heard on paper. 
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