CRA 2015 s62 10 Defence - No real opportunity of becoming acquainted with T&Cs

Jenni_D

FizzyCharlie said:

Le_Kirk said:

When a bundle is to be provided by the claimant on behalf of themselves and the defendant, it should be an agreed bundle (this might be in the order); if you did not agree to it before it was sent and if you did not have the opportunity to view/read/agree, bring this up with the judge before the hearing starts.  As soon as you are on line (phone or video) tell the judge there is a preliminary matter that you need to bring to the attention of the court and then explain why you have been disadvantaged by the claimant.

You're totally correct @Le_Kirk, I've just checked the order and it absolutely says that it should be an agreed case summary! I'll hammer that straight at the start of the meeting - Should I email prior to this or wait for the phone call, wasn't sure if there would be time at the start to raise this?

What you need to do is stated in the post you quoted ... raise this as a preliminary matter right at the start of the hearing, straight after any introductions. Don't let the judge get into his/her flow, just interject with "If I may sir(madam) I'd like to raise a preliminary matter regarding ......."

Coupon-mad

Don't forget to state that the paper version they lumbered you with, against the court Order, is the size of half a brick and puts you at a disadvantage if the court were sent an emailed electronic version.  The Judge and claimant can swiftly navigate between pages and will literally be 'on the same page' whereas you will be dropping paperwork and playing catch up throughout, also with no idea if your bundle even matches the one the court and Claimant have.

I lay repped a case that I think OPS would have won, until it became apparent ten minutes into the hearing that the court had been sent 175 pages and the D had been posted just 125. Check that and speak up if you can't keep up, make it obvious how cumbersome this is for you.

FizzyCharlie

Thanks everyone, I've jotted down all of your suggestions and will be ready to bring them up as early as I can. This is what I have so far, just some ideas, may not say it word for word but hopefully start the Hearing with the Claimant on the back foot...

-          The Claimant sent the Court Bundle on paper, by post, totalling XX pages, arriving on 18 November, after the date specified by the Hearing Order dated 8 November 2021. This puts me at a disadvantage maintaining organisation during the hearing. As I wasn’t copied into the email shared with the court, I can’t be confident I have the same Court Bundle and may be missing critical information.

-          The Claimant has withdrawn their previous WS and replaced it at the last minute, without prior notice to the Court Bundle being submitted to the Court, and failing to highlight the changes made.

-          The Case Summary was not agreed as ordered on the Hearing Order dated 8 November 2021. The Claimant submitted the Case Summary without notification to the Defendant. The Case Summary indicates bias demonstrated by the lack of detail for the Defendants case and failing to recognise the salient points of the case. Specifically, my Defence details the failure of the Claimant to provide any signage providing the T&Cs which is in contravention of the CRA 2015 section 62 point 10 failing to allow any real opportunity of becoming acquainted with the T&C before the conclusion of the contract

FizzyCharlie

WOW - Case has just finished, took less than 7 minutes. It's great news all around, not sure how much detail I'm allowed to go into here but basically we didn't even get to the WS, the template defence did all the work... Judge not impressed at all with Claimant, they got pummelled from word one, all I got to say was my name, yes, thank you and much appreciated!

Happy to go into more detail but wary of crossing a line on saying too much. If anyone can give a direction on what I should avoid that would be much appreciated! Otherwise, a massive and huge thank you to everyone here, I'll just tag everyone... @KeithP, @Redx, @Coupon-mad, @henrik777, @D_P_Dance, @uksniper, @Jenni_D, @Le_Kirk, @1505grandad, @95Rollers - Amazing community, thank you so much!

D_P_Dance

 not sure how much detail I'm allowed to go into here 

You can tell us everything.   CC procedings in open court are matters for  public domain 
In the mean time read this and consider a claim aginst them.

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/
 

Coupon-mad

Great!  Nicely done!

Full 'court report' please and which court and Judge, what did he/she say?  What did the other side's rep squeak?

95Rollers

You can pretty much tell all. Although personally blank out the bit with my personal details (name, address, car details) and put everything else up including case number so people can draw reference from it in their WS.  

What was it struck out on? Crap signs or Abuse of process and which court?

Cracking result! Common sense 1 - scammers Nil!    judges are clearly getting sick of these rule bending Time wasters!!!  Did you get costs reimbursed?

nicestrawb

Common sense 1 - scammers Nil!

That is a very conservative scoreline.

brianj1991

Well done - great news!!!

95Rollers

nicestrawb said:

Common sense 1 - scammers Nil!

That is a very conservative scoreline.

Yeah I'm in a bit more of a chilled mood today lol.