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WIN - Another Loss for Gladstones

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Comments

  • jaycee31
    jaycee31 Posts: 55 Forumite
    10 Posts First Anniversary Name Dropper
    Claimant's solicitor finally filed DQ (late) after being chased up by court reminder, confirming they still intend to proceed.  The fun is about to recommence.
  • jaycee31
    jaycee31 Posts: 55 Forumite
    10 Posts First Anniversary Name Dropper
    edited 12 July 2022 at 12:58AM
    In court on Friday, just submitted final WS.

    What is the court process likely to look like?  Do I just read my Defence and WS verbatim?
    Will I be challenged by the Claimant or is it all down to their WS and mine?

    Thanks in advance.
  • Jenni_D
    Jenni_D Posts: 5,473 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    YouTube - there are a few video guides to the small claims court process. (It's essentially like Judge Rinder but without the theatrics).

    Is yours an in-person hearing?
    Jenni x
  • Umkomaas
    Umkomaas Posts: 43,811 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 July 2022 at 7:13AM
    The Claimant presents their case, the Judge will give you the opportunity to respond. You don't read your Defence out verbatim.  The Judge may ask you some questions, and ask the Claimant some questions. The Claimant may be given the opportunity to ask you some questions, and you might be given the opportunity to ask the Claimant some questions. 

    Sometimes the Judge gives neither side the opportunity to say much at all, having already pretty much made up his/her mind from the papers received. The Judge will control the event.  
    Have you watched this? Originally posted by forum regular @KeithP.

    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
  • jaycee31
    jaycee31 Posts: 55 Forumite
    10 Posts First Anniversary Name Dropper
    Jenni_D said:
    YouTube - there are a few video guides to the small claims court process. (It's essentially like Judge Rinder but without the theatrics).

    Is yours an in-person hearing?
    According to the court letter.  I'm assuming it is unlikely to change now.
  • Le_Kirk
    Le_Kirk Posts: 25,142 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    jaycee31 said:
    In court on Friday, just submitted final WS.
    That seems very tight to the hearing date; it is usually 14 days before!  Did you receive special dispensation to submit late or is it a supplementary WS or is there some other reason that I am missing?
  • jaycee31
    jaycee31 Posts: 55 Forumite
    10 Posts First Anniversary Name Dropper
    Le_Kirk said:
    jaycee31 said:
    In court on Friday, just submitted final WS.
    That seems very tight to the hearing date; it is usually 14 days before!  Did you receive special dispensation to submit late or is it a supplementary WS or is there some other reason that I am missing?

    It said not later than 3 days before and no sooner than 7 days.
  • Jenni_D
    Jenni_D Posts: 5,473 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    When did you receive the Claimant's WS? (Have you received it?)
    jaycee31 said:
    It said not later than 3 days before and no sooner than 7 days.
    That does seem unusual - I'd be minded to go back and re-read all paperwork received from the court.
    Jenni x
  • jaycee31
    jaycee31 Posts: 55 Forumite
    10 Posts First Anniversary Name Dropper
    edited 12 July 2022 at 1:17PM
    Jenni_D said:
    When did you receive the Claimant's WS? (Have you received it?)
    jaycee31 said:
    It said not later than 3 days before and no sooner than 7 days.
    That does seem unusual - I'd be minded to go back and re-read all paperwork received from the court.

    Will do, thanks.

    I haven't received the Claimant's WS yet.  They do seem to be "half-arsed" at everything.  They missed the deadline (deliberately?) last time for the CCJ set aside hearing and the deadline for the DQ.

    I submitted mine electronically and the judge used that - claimed he hadn't seen the formal complete bundle from the Claimant.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 July 2022 at 1:22PM
    Did you copy in the claimant or their solicitor? Sounds like you did everything right.

    Bung in a costs schedule in case they discontinue - quick!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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