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conflyer

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About conflyer

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  1. Thanks, no of course I understand this, the call was to check whether they filed set aside but my understanding is they cannot as clearly no grounds. If they had then the enforcement process is delayed isn't it. By attendance I just meant expediting the procedure to seal the CC order for N293A, given the operational speeds at my local CC...
  2. Agree, I cannot imagine the Def not attending the hearing waited for 6 weeks to find out of the outcome. Also I rang the court and nothing has been filed or paid at this point. I should also add that Def & CC were struck-out. Would you start HCEO process immediately? I just don't want to incur further expense unless necessary. I read the process requires N293A with a seal obtained by the County Court that issued judgement. This may be months again with my CC, although I could personally attend if the seal can be obtained quicker. The Sheriffs
  3. Claim & costs total around £4k The judgement order just came out so not sure if I should allow a week for the Defendants to send payment? Didn't want to jump the gun too quickly. What steps to take next?
  4. The hearing went ahead and the DJ ruled in my favour I was awaiting judgement letter to confirm details but it took 6 weeks to come out! A Skype link with access details was sent out 1 hour before hearing. The Defendants did not attend although email had clear details and phone-line to call into the hearing if needed. I borrowed a laptop and everything went smooth with the connections. The video was literally in the court room and was being recorded. The DJ reviewed case material for about 40 mins, while admin officer attempted to contact the Defendants. He
  5. Thank you, I agree there should have been an application sent out. It might be in the post but this is too late, technically court should be communicating by email now. I will have to email the court as phone line is not an option.
  6. I will contact court asap but phones take forever. Their email says court "advised" them to let me know. But how can the court do this, they should be sending new instructions out. I also cannot see reasons raised as valid, 1. feel more fair face to face 2. not computer savvy (surely the company can use help on this?) A section in hearing directions says if party is not comfortable to let the court know immediately. But this is really last minute and appears intentional. They knew the trial date since April and that remote hearing is primary option.
  7. This case has been going on forever and the Defendant seems to be doing everything they can to stall it. Due to Covid the court sent out directions in July for preparing a PDF Bundle and conducting the hearing on Skype. I paid the trial fee of £170 and directions required parties to send bundles at least 48 Hours before trial to all parties email addresses. After the submitting my bundle the Defendant suddenly replied by email showing an email they sent to court 2 weeks ago. They are asking to adjourn the hearing for a face to face hearing as they are not c
  8. I received a Notice of Trial date from the County Court for this coming August. The fee to be paid 1 month before the hearing, no further instructions at the moment and hearing may be conducted over the phone! However, the case has been transferred from the local County Court to another County Court at the city centre some 25 miles away. The paper states all correspondence from now on needs to be followed up with that County Court. This must be due to covid closures but it has added extra inconveniences. Any thoughts?
  9. A procedural question, should the hearing fee be paid before the hearing date is set? In the notice of allocation (2019) the direction is that "the fee must be paid at least 28 days before the hearing date" and no further fee warning would be issued. The fee is non refundable. The last order above (2) states "notice to follow", I presume this would allow more than 28 days notice for the listing and fee to be paid?
  10. I received an Order from the court, just the hearing points really Upon hearing for the claimant and the defendant in person, It is Ordered that 1. The claimant has permission to rely upon the report of XX attached to the application dated ZZ. Service of the report is dispensed with. 2. List for trial on the first available date after 8 weeks, estimate 2 hours - notice to follow. 3. The costs of the application be in the case. It appears there was a backlog of a month between the order date and the date posted. I anticipate the trial m
  11. I had the application hearing today, the report was accepted in a brief hearing. The judge was fairly uptight but probably trying to come across balanced. They asked the Def if they objected to report admitted and said they did not ( but they personally told me outside they plan to contest it at trial as it means nothing to them) The judge admonished the Defendant for not filing the material with a Witness Statement. The director did not appear to understand the process and indeed walked in for a full trial with bundle. However things got a bit complicated,
  12. Thank you, I have taken note of this. At this point I cannot see why the case should be disposed off at a trial and mount up more costs. The company bundle discloses their own surveyor notes, showing the height dimensions agreed on contract which is what I supported all along. Also hand written notes denote the intended manufacture height. They clearly demonstrate error for the actual fitted system against those notes and the agreed contract. I feel they have wasted an enormous amount of my time. Any thoughts? Action forward? The company is exploiting the
  13. Thank you for the feedback and mostly for engaging in this endless case. While discussing the matter, this may have slipped through in my earlier post #169 no.2. The director's letter filed with the Court states that "the claimant's name email wording on XX date is borderline blackmail" and continues with further points attacking my personal character and motives. I am not sure if they understand what they are suggesting but to my understanding this is implying a criminal allegation in a document addressed to court. It is also referenced "enclosed" in the Defence form s
  14. I agree it has taken forever for Court to set dates and the case is never ending, which is inconvenient and stressful. The App. Hearing letter did not ask for anything further. The only thing is my letter last April asking the Defendants to share the documents they referenced in their Def & CC, to which they did not respond. They have either confused the scope of the hearing or served a bundle prematurely assuming they can bring up the whole case. Eitherway, it is now apparent their line of argument is nasty and misleading. My WS are approximately 8 pag
  15. For the Draft Skeleton Argument, it is difficult to bring up a point e.g in the Defence statements and only rely on the Defendant's bundle, which so happens to have 0 photographic evidence (I wonder why) Can I present any evidence or best to simply stick Skeleton Args highlighting my Application points and only the bundle issues. I want to prevent this from turning into a mini-trial with a premature draft WS. Sorry to pester with post, just very limited time to write in two days.
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