Hi

have CMD tomorrow

but i cannot attend due to other commitments.

I have composed an email response for the court and will send to the sheriff .

this is how it reads so far.

i know that its best that i attend, but this will be the third time and i just cannot make this hearing.

I would be grateful if the following message could be forwarded to Judge xxxxx or to whom ever will have charge of my case on the 30th October.

I am Unable to attend due to other commitments, regretfully.

I must object to the claim that no default notice is required,and hold to my statement made earlier this month at the previous case management, where i had stated that i feel the case should be dissolved due to the fact that no DEFAULT NOTICE has been issued to my self or to the court The Default Notice Issued By The Original Creditor Under CCA 1974 Section 87/8 .

I also stated that i had asked for this in my Original Simple Procedure Response Form 4A.

Please find attached and check original records.

Highest Regards

any feedback is welcome

thanks

when did you know you couldn't attend and why,

?

dx

so if i do not go

will I LOse the case?

Are emails Unacceptable at a CMD?

when i was there last there was a similar case before and the judge had read his emails to see why the person in hand did not attend.

I assume this is a normal procedure.

thanks

reason is more important than your pleadings.

if its a viable reason, i'e the budgie just died..then all good

if its something you could have prevented or avoided but showed neglect toward in relation to the case , then it might not wash.

its only a CMD anyway

as said before ...there are only 2 things he can do

well 3...

postpone the CMD

move forward to a hearing

dismiss the case.

you can't 'lose' by not attending.

you've already said you bit about why the claimants case is flawed,

dx

Sorry but this isn’t quite right.

Rule 7.7 (4) of the Simple Procedure Rules provides that the sheriff may do anything at a case management discussion that can be done at a hearing, including making a decision in a case or part of a case.

Attended the CMD in person.

The Default Notice was Produced.

Judge ordered a full hearing.

Decided to just pay off the debt.

Agreement made.

End of endless Court appearences and now feel alot better.

Thanks for all information about laws ect.

But going to court every other day just isnt for me.

Thread closed

Sorry but this isn’t quite right.

 

Rule 7.7 (4) of the Simple Procedure Rules provides that the sheriff may do anything at a case management discussion that can be done at a hearing, including making a decision in a case or part of a case.

extremely rare that its anything detrimental to the respondent...else why call a CMD, go straight to a hearing.

where is this supposed default notice?

have you got a copy?

the last time they tried this they produce a default notice of sums in arrears..that not a default notice compliant with section 87?

dx

how's this going?