CEL in-house claim: hearing & WS help

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82092789#Comment_82092789

OK, so follow up by asking the court to leave the hearing open, so that you can attend and ask for your costs. Confirm that the Claimant was emailed your costs schedule on DATE with the Defendant's Witness Statement, yet they have (wholly unreasonably) breached the court order by failing to pay the hearing fee and they have not served a witness statement, nor any evidence nor a notice of discontinuance.

Quote the White Book annotation that was probably in your final paragraph of defence.

bagold

I just called the court again. Hearing is for Tuesday 11 Aug. As of now court fees have not been paid. The court advised me to call on Monday. She said if fees remain unpaid then the case will be struck out.

I'd much rather not attend court. Or else I have to take a day off work. Should I still write to the court to leave the heaing open?

Coupon-mad

Up to you. If you prefer, let it be struck out!

bagold

I just called the court (0300-123 5577). The case is scheduled for tomorrow (11 August). The man advised that the case is still scheduled but as of April onwards there is no evidence of Witness Statement being issued by Claimant. He cannot confirm whether court fees has been paid but he could not find evidence of it being paid. He suggested we email the court. we have done this twice now with no reply. He said they are taking 18-20 weeks to reply.

So looks like we will have to go to court (which is a bit annoying as I have to take time off work to support my wife in this). Should we prepare anything? I can take a copy of our Witness Statement and Cost Schedule.

Should I email them today with your previous advice?

"Confirm that the Claimant was emailed your costs schedule on DATE with the Defendant's Witness Statement, yet they have (wholly unreasonably) breached the court order by failing to pay the hearing fee and they have not served a witness statement, nor any evidence nor a notice of discontinuance."

Umkomaas

I can take a copy of our Witness Statement and Cost Schedule.

Definitely take both of those, and a spare set just in case the judge doesn’t have them to hand. Stress the unreasonableness of the Claimant in their failure to respond to the court orders, failure to submit a WS, failure to turn up for the hearing (if they don’t show) and causing you and your wife extreme distress, inconvenience and expense.

Gr1pr

If its not going ahead when you get there, ask the usher to give you 10 minutes to try to obtain a wasted costs order, so definitely take that costs assessment with you, plus any proof of those costs ( wage slips, parking etc. )

Car1980

£24 per hour and 55p a mile travel + (ho ho) a parking receipt.

bagold

Breaking news……

Dear Sir/Madam,
FAO: Court Manager
Re: Civil Enforcement Limited v xxx
Claim No.: xxxxxxx
PCN: xxxxxxxxxxx
We write to confirm that Claimant has discontinued proceedings in respect of the above claim.
Please find attached a copy of the Notice of Discontinuance (Form N279), which has been filed in relation to these proceedings.
The Defendant has been copied into this email for notification and service of the Notice of Discontinuance.
We would be grateful if the Court could update its records accordingly.
Yours faithfully,
Legal Team
For and on behalf of
Civil Enforcement Limited

bagold

Needless to say, many thanks to everyone who helped us. too many to name but especially @Coupon-mad

Castle

What is the date of the N279?