Locked in car park

[car2403]

The problem with these hearing fees, is that they are exactly that - fees for the hearing to take place. Long story, short, I didn't pay a hearing fee for a claim - I called the Court to grovel and was told that as long as the fee was paid, before the hearing, I'd be ok. If the fee wasn't paid before the hearing, it would be de-listed and won't be relisted until the fee was paid. As it goes, I went to Court and paid the hearing fee when the hearing was scheduled to start and the hearing went ahead. (Actually, it was paid after the hearing was due to start, as it was listed at 10:00am and the Court office didn't open until 10:00am, as it goes. But I digress...) Incidentally, these fees seem to be an incentive to Claimants to settle or discontinue in enough time for the Court to de-list the hearing, nothing more, nothing less...

 

I think the important point here is the lack of defence to Counterclaim, though. Having said that, there can be, by very definition, no Counterclaim without a claim, so it seems likely that they will defend it.

 

Anyhow, there's various differing outcomes to this depending on how the Judge "reads" the situation; (and, sadly, probably his personal prejudices!)

 

"No Defence to counterclaim, no hearing fee, so I'll throw the claim out by striking it out for failing to comply with Court orders"

 

Or

 

"No Defence to counterclaim, no hearing fee, but I'm not really bothered about the hearing fee, so I'll, either;

A) ask the Claimant to submit a response to the counterclaim and pay the hearing fee

B) tell the Claimant to submit a response to the counterclaim and pay the hearing or have their claim struck out and Default Judgment entered on the Counterclaim

C) order a directions hearing, so the Claimant can be put under some pressure as to why they haven't compiled, then come to a decision as to whether to order A), or B), above.

[Patma]

Thanks very much for chipping in, Chris, your help is much appreciated.

 

So can I ask please if we can expect to hear from the court as to what decision it comes to?

So far they haven't been very forthcoming with information. Trying to find out the date Fred's counterclaim was issued was like pulling teeth.

 

I think the important point here is the lack of defence to Counterclaim, though. Having said that, there can be, by very definition, no Counterclaim without a claim, so it seems likely that they will defend it.

Fred submitted an application for judgment by default when they failed to file a defence, but we don't know the outcome of that yet. So far though the judge hasn't been sympathetic to anything submitted by Fred.....no help with the CPR 18 which Lyons Davidson refused to provide, and he completely ignored the draft order for directions.

Oh well, lets hope he decides on this option...

"No Defence to counterclaim, no hearing fee, so I'll throw the claim out by striking it out for failing to comply with Court orders"

That would do nicely. Edited August 28, 2009 by Patma

[MARTIN3030]

But theres not just the hearing fee-theres the lack of defence and also the non compliance to furnish the defendants with information....tell him to call them tomorrow morning.

[Patma]

Already done, I'm right with you there, Martin:)

The probable response will be ..."Put it in writing" or the other one..."We are not allowed to give legal advice"( you'd be amazed what sort of questions get that response)....

but he'll give it a try and I'll keep you posted.

Thanks Martin for everything.....

oh yes and the potential ace I hinted at a week or so ago is still on the horizon

[MARTIN3030]

Any news from today then ?????

[Patma]

No news yet unfortunately. Fred couldn't get through to the court today. He's had problems on Mondays before, but he'll be on the phone first thing tomorrow again. More suspense I'm afraid:)

Edited May 18, 2009 by Patma
typo

[MARTIN3030]

ah ok

[Patma]

He's going to ring me to let me know as soon as he gets to speak to someone and I'll get online and post the news.

[Patma]

BTW thanks for asking, Martin:)

[MARTIN3030]

I was wondering-Is the Court not close to Fred ?

If it is not far away I would go there in person,since its not so easy to be fobbed off in person as on the phone.

[MARTIN3030]

I did pop in here a couple of times today....tonight I have been watching the pantomime from the house of commons today.....seems it was a real rough and tumble day for the speaker.Bet he was wishing he didnt have to go in there today !!

[Patma]

He would have gone to the court in person, but he's just started a new job which is about an hours drive away from where the court is, so he can only go down in person when he has a day off, which won't be till Friday unfortunately.

I've been watching the Commons panto too. and listening to the latest revelations. So far my MP hasn't had a mention, but I bet they're all terrified of what's coming next.

[MARTIN3030]

I was watching newsnight-Esther Ranzen was on there saying she is thinking of standing as an indip.

So looks like we may get rid of one old dinasaur only to be getting another:rolleyes:

[Patma]

There must be something about the place that attracts them.

How about standing as an indie yourself...or maybe the CAG party.We could all help you write your manifesto.There's a thought.

[MARTIN3030]

Ha Ha ....yep I think there would be heads rolling in just about every area....including the OFT FSA and FOS.....The banks would have to toe the line then.

Theres a few MPs who look like they will be on borrowed time now-but the problem is that those who will be looking to do the job without any perks or fiddles (and so replace them )are likely to have loads of dosh anyway and maybe those who didnt get caught out when they were last in the House.

[bedlington83]

How about standing as an indie yourself...or maybe the CAG party.We could all help you write your manifesto.There's a thought.

I know you're only joking but the idea that CAG members stand Martin Bell style against the MPs who've had their snouts to the trough (i.e. most of them) could be a very good vehicle for people's anger. Some may even be elected.

 

As the election could come any time in the next year or so we should start on the manifesto now

[Patma]

I agree Bedlington. After I mentioned it, I started thinking,.....actually that's not a bad idea.We could even raise money for our candidates deposits.

I do think people are more likely to vote for an independent nowadays rather someone carrying a party label after all that's happened.

Maybe we should start a thread about it what do you think?

[MARTIN3030]

Looks like Mr Martin is to make an announcement at 2.30.

Bet the House is packed to the rafters today.

[Patma]

I have an update about Fred's case.

He rang the court just now and was told that the judge has decided to call an allocation hearing.

Lyons Davidson have paid the hearing fee on 15th May (2 days late), so I guess that means the judge is allowing them that.

They haven't filed a defence to the counterclaim though.

Don't know yet when the allocation hearing is to be held, but no doubt they'll write about that.

Does that mean we might be able to get the judge to order them to comply with the draft directions?

At least something is happening.

 

Wonder what 's going to happen in the House then?

Edited August 28, 2009 by Patma

[ScarletPimpernel]

Gorbals Mick - Dead Man Walking...

[Patma]

Got to nip out now but I'll check back in later.

[Patma]

Just spotted SP's comment. I agree.

[MARTIN3030]

Yes given that the claim is comfortably inside the 5k even with their 76p a day section 69 its not unusual to assume that the Court has called a hearing to look at the submissions supplied within the AQs.

So you should get the chance to get those answers-and Fred should seek the Courts ordering of disclosure....this is good opportunity to do that.

[bedlington83]

I agree Bedlington. After I mentioned it, I started thinking,.....actually that's not a bad idea.We could even raise money for our candidates deposits.

I do think people are more likely to vote for an independent nowadays rather someone carrying a party label after all that's happened.

Maybe we should start a thread about it what do you think?

I've put something in the Campaign forum. Link:http://www.consumeractiongroup.co.uk/forum/campaign/200310-cag-political-party.html

[Patma]

So you should get the chance to get those answers-and Fred should seek the Courts ordering of disclosure....this is good opportunity to do that.

That's good news, thanks Martin.

What do we need to do to prepare for this hearing? I guess we'll know more when the letter arrives about it.

Oh what a day, the speakers done the decent thing and there's a bit of good news about Fred's case.