County Court Judgment

63realfan

Just to add I’ve only just received the court timings this morning 

63realfan

I’m so annoyed as I received their witness pack on 15:28 last Thursday of which they had over 1.5 months to reply back to from the point of me putting my N244 application in on 10/02/2023. I didn’t see this message till 17:00 on Thursday 30th which gave me one day (Friday at 31st) to produce a reply where I was at work the whole day and struggled to do so. I wouldn’t of been able to submit over the weekend and if I done it Monday and it revealed that the court time was 10am then they would of said the same thing which they’ve said today. 

I feel utterly stitched up 

Coupon-mad

Don't worry. Pot...kettle...!

This is your CCJ set aside application and you did supply a WS with that, and you were not 'required' to file & serve anything else (see the word 'required' in the PD they quoted?).

Anything goes in small claims.  It is more relaxed and your reasons for adding a supplementary WS and draft defence were to assist the court in considering your application and could not have been served earlier, given the Claimant's own last minute submission was the only thing that shed light on the case!

63realfan

Coupon-mad said:

Don't worry. Pot...kettle...!

This is your CCJ set aside application and you did supply a WS with that, and you were not 'required' to file & serve anything else (see the word 'required' in the PD they quoted?).

Anything goes in small claims.  It is more relaxed and your reasons for adding a supplementary WS and draft defence were to assist the court in considering your application and could not have been served earlier, given the Claimant's own last minute submission was the only thing that shed light on the case!

Thank you CM. Is it worth sending anything back, anything like “I wasn’t given sufficient time either or what you’ve put?” Is it worth even responding? 

Coupon-mad

Absolutely not. Say it (if raised) at the hearing.  Make sure at the start that the Judge has EVERYTHING.  They often don't.  Offer to re-email to him/her on the spot if needed.

63realfan

Legend. I did prep this but I’ll hold it till the hearing. 

Can I just add that DCBL requested for my defence & supplementary witness statement to not been shown as it wasn’t within a reasonable time. 

I received DCBL witness pack on Thursday 30th at 15:28 of which I didn’t see until Thursday evening as I was working the whole day. Which gave me realistically Friday day and the only day to reply in time of DCBL’s time limit of which was not reasonable amount of time to respond having reasons for adding a supplementary WS and draft defence which were to assist the court in considering my application and could not have been served earlier, given the Claimant's own last minute submission was the only thing that shed light on the case! 

My n244 application was submitted on 10/02/2023 of which would have given DCBL at least 28 days to serve their documents however decided to do it 3 full working days before the court date. If I had submitted my supplementary witness statement and defence documents Monday then DCBL would have submitted the same response as today meaning Friday was my only day to so which is not a reasonable amount of time to respond to a 36 page document given the defendant works full time hours and unable to use their phone for this duration. I have the evidence from my employers that I was working full 12 hour shifts Friday 31st, Saturday 1st which only gave me a small amount of time Sunday and Monday to prepare and submit my documents. 

It’s clear the DCBL have done this on purpose knowing I wouldn’t have very long to respond before the court date and not giving a reasonable amount of time to respond to something where light was finally shed on something I didn’t have when originally completing my witness statement on 10/02/2023. 

I therefore request if my documents aren’t allowed to be used then to ask if DCBL’s witness bundle sent on 30th March 2023 to not be used due to having sufficient time to respond and putting me, the defendant at a disadvantage.

I will look forward to speaking to the judge tomorrow! 

Le_Kirk

63realfan said:

I’m so annoyed as I received their witness pack on 15:28 last Thursday of for which they had over 1.5 months to reply back to from the point of me putting my N244 application in on 10/02/2023. I didn’t see this message till 17:00 on Thursday 30th which gave me one day (Friday at 31st) to produce a reply where I was at work the whole day and struggled to do so. I wouldn’t of have been able to submit over the weekend and if I had done it on Monday and it revealed that the court time was 10am then they would of have said the same thing which they’ve said today. 

I feel utterly stitched up 

Just a polite heads up, if you are going to send any more documents to court or claimant, please try to use correct Grammar - adjusted as above - as it makes it easier for the judge to read and understand.

Coupon-mad

Yeah definitely don't engage in email tennis now.

63realfan

Le_Kirk said:

63realfan said:

I’m so annoyed as I received their witness pack on 15:28 last Thursday of for which they had over 1.5 months to reply back to from the point of me putting my N244 application in on 10/02/2023. I didn’t see this message till 17:00 on Thursday 30th which gave me one day (Friday at 31st) to produce a reply where I was at work the whole day and struggled to do so. I wouldn’t of have been able to submit over the weekend and if I had done it on Monday and it revealed that the court time was 10am then they would of have said the same thing which they’ve said today. 

I feel utterly stitched up 

Just a polite heads up, if you are going to send any more documents to court or claimant, please try to use correct Grammar - adjusted as above - as it makes it easier for the judge to read and understand.

Appreciate that bud. Did write it out quickly in a bit of a hurry and a stress so would check this before hand. Thank you though 

63realfan

Coupon-mad said:

Yeah definitely don't engage in email tennis now.

No problem. Agreed! Thank you. 

Also, what do I call the judge? Sir, judge, your honour?