Bloody court

[The GodMother]

Hi all.

 

Been trying to help a mate out with a case that her aunt has brought against her.

 

Claire has had a case brought against her by her aunt and certain froms the courts should have issued to her never have been.

 

Firstly only half of the claim pack was issued. Rang them up they said sorry it was an error we will send you the missing pages.

 

Rang them back 5 days later as they had not been recieved. This guy said we only send out the claim form you have to get the rest of it off line. Well Claire does not have the internet so how could she get the claim froms of the interent or what forms she needed.

 

She was then told to get them from her local county court.

 

This is the same CC as what issued the claim and it is a 80 mile round trip if she was to bus or taxi it. She pointed out that her local CC is the same CC she is speaking to and she needs the forms.

 

He sent them out and they arrived by RD the next day.

 

Now they should have sent out a AQ but this was never recieved along with the letter that came with it the next thing calire heard was a letter detailing the next directions.

 

Now she has asked that they case gets transfered to her local magistrates courtsand they told her she would need to fill in a N244.

 

Well the N244 is a form that none of the courts seem to hold and one that when l looked on line its a application notice for draft orders.

 

Now what do we do?

 

Can l send a letter to the courts asking for the case to be moved or can somebody advise me on the correct form number or if this is the correct form what do l have to put on it so claire can seign it and send it off?

 

Chrissi

[Michael Browne]

AFAIK you cannot transfer a County Court claim to a Magistrates Court, only to another County Court, so unless there is one nearer to you, it's pointless

[The GodMother]

You can caccording to the courts.

 

A previous case that was being heard at a different court was also transfered to my local magistrastes courts. Also the other problem is getting to the courts due to disablilty she will not be able to us public transport to get there and a taxi will cost over £300 there and back.

 

Chrissi

[gizmo111]

She can ask for the hearign ot be held at her local court or for a telephone hearing.

Magistrates = criminal and County is civil, so like Micheal I would be surprised if it could be transferred. Some magistrates courts share the same buildings as the county court so this maybe the case you are referring to.

[The GodMother]

The local Magistrates courts rents a court to the local CC twice a week so l think as they do that they should be willing to transfer the case.

 

The original case l am talking about was DVLA issued a case threw northampton bulk centre and then when we defended it they had it transfered to the local CC then transfered to a day the local CC is at Mag courts.

 

Could anybody help with the forms problem please?

 

Chrissi

[Michael Browne]

Stand corrected.

 

CPR 30 only mentions tranfers between County Courts and the High Court

PART 30 - TRANSFER

 

which must be by application ie N244. It's used for any application not just draft orders

 

Also the other problem is getting to the courts due to disablilty she will not be able to us public transport to get there

Certainly mention this

[The GodMother]

would it also help if l put on the form for her she would need a adapted taxi one suitable for wheelchairs? and her carer?

[The GodMother]

oh and what the company has advised it will cost her to get there and that the company have said as they will be using petrol to get back she needs to pay those charges as well?

[Michael Browne]

Yes, plus if she is on benefits, the additional expense of taxis which she can ill afford etc. Will it really cost £300 for a 80 mile round trip, seems an awful lot to me, if you do mention the actual cost, dont exaggerate

[The GodMother]

rite so basing this on my DVLA case i need to fill this out like this?

 

the case gets transfered to XXX county court (local county court) then transfered on to XX (local magistrates courts) on either of the days that XX CC rent a court form XX magistrates courts.

 

The Godmother is litigant in person. The godmother would have problems getting to XX courts due to disability. For the godmother to get to the courts at XX time on the trial date she would need to get a special taxi that is adapted to her wheel cahir and would need to have her carer come to. There would need to be a taxi as publc transport does not provide wheel cahir access for the whole journey and this would result in the carer and the god mother being stranded at XX which is XX miles away from the courts. The taxi journey will cost approximatly £150.00 just for the godmother to get there and the taxi firm has said that half of the cost is for them to get back to XX as they would need to use perrol to get back. An Approximate cost of them same to get the god mother home.

 

is this rite?

[The GodMother]

those are what we have been quoted and those are the lowest ones.

[Michael Browne]

The case be transfered to XXX county court (local county court) then transfered on to XX (local magistrates courts) on either of the days that XX CC sit at XX magistrates courts.

 

The Defendant is a litigant in person. The Defendant would have problems getting to XX courts due to disability. For the Defendant to get to the courts at XX time on the hearing date she would need to get a special taxi that is adapted to her wheelchair and would need to have her carer come too. The lowest quote for a return journey by taxi is approximately £300.

 

Public transport would not offer an alternative, as it does not provide wheelchair access for the whole journey and this would result in the carer and the Defendant being stranded at XX which is XX miles away from the courts. Therefore a taxi is the only practical option, but would severely disadvantage the Defendant financially.

 

For the above reasons, the Defendant respectfully request that the claim be transferred to XX Court

[The GodMother]

Just a question but l cant fit everything into the because section what can l do?

[The GodMother]

BTW l forgot to mention it is only the last line missing which has about 3 words on it

[honey5]

are you printing/typing this into the letter/form?

[The GodMother]

into form and it is form nunber N244

[Michael Browne]

Section A:

 

....that:

 

The case be transfered to XXX county court (local county court) then transfered on to XX (local magistrates courts) on either of the days that XX CC sit at XX magistrates courts.

 

...because:

 

The Defendant is disabled and would be financially disadvantaged attending a hearing at XX Court

 

Section B:

 

Tick evidence in Part C in support of my application

Section C:

 

 

The Defendant is a litigant in person. The Defendant would have problems getting to XX courts due to disability. For the Defendant to get to the courts at XX time on the hearing date she would need to get a special taxi that is adapted to her wheelchair and would need to have her carer come too. The lowest quote for a return journey by taxi is approximately £300.

 

Public transport would not offer an alternative, as it does not provide wheelchair access for the whole journey and this would result in the carer and the Defendant being stranded at XX which is XX miles away from the courts. Therefore a taxi is the only practical option, but would severely disadvantage the Defendant financially.

 

For the above reasons, the Defendant respectfully request that the claim be transferred to XX Court

[The GodMother]

Ok ty Micheal.

 

You got what l meant even thought l typed it wrong.

 

Just a further question.

 

I am one of her witnesses in the case does a witness having problems with getting to the courts, as the courts have said we need to attend in person, also help he case?

 

If they dont accept the request can the defendant ask for her costs to be awarded in the N244 or would this only be a in court request.

 

Chrissi

[Michael Browne]

I am one of her witnesses in the case does a witness having problems with getting to the courts, as the courts have said we need to attend in person, also help her case?

 

You could mention it if you like, but frankly I would be surprised if they refused the application on the basis of what you've already said.

[The GodMother]

well l would not be suprised if they do refuse the application as they seem to have lost the letter that told her she needed to file a allocation questionnaire and never informed her what was going on till l got on there backs about it.

 

But they still never sent the AQ they should have sent.

 

Chrissi

[The GodMother]

Hi BO how r u ?

[Brassed off]

I'm fine - just being nosey. Hope it all goes OK for you. Can't give you any input I'm afraid, just my support xx

[The GodMother]

ok BO i appreciate support as it saves me from knockin the aunt out for taking advantage of claire

[The GodMother]

Ok all

 

Ty for your help, Got the papers in the post yesterday morning for claire who signed them when she came round on friday. Though l would save us both a trip to the PO as l had stuff that needed posting.

 

Will let you know what the judge says.

[mrsc]

Hi Godmother,

 

You found your threads at last:)

 

Just want to wish you luck