Dilemma - What would you do?

[Moral Dilemma]

In process of defending claim, about six weeks ago submitted amended defence, early last week received Notice of Hearing of the defendant's application for An Order.

 

Received two days later package from Court which contained my amended defence attached to it was copy of Notice of Hearing of Application, was about to ring court when realised court had sent my copy that should have gone to Claimant's Solicitor.

 

Clearly court have messed up big time, but my dilemma is should I return to court pointing out the mistake (which was my first thought) OR…

[flyingdoc]

ring court and tell them

 

my advice would be dont try to get clever with courts - if the judge thinks you are taking the p he will nail you to the wall.

[creditcardmug]

Yes agreed, if this is a genuine error by the court dont try to take advantage of it.

 

ps. if the claimant had made an error, i probably wouldn't give the same advice:D

[flyingdoc]

Me Neither

[Moral Dilemma]

Thanks for advice, think I probably knew the answer before posting.

 

It would be interesting to know if claimant would do the same thing - they have form - claiming they have not received a number of the letters I've sent (even when I've produced signed proof of delivery) they then claim it went to wrong section.

 

Will post, recorded, back to court on Monday and will ring and let them know.

 

Once again, thanks for advice.

[Moral Dilemma]

Is this a usual tactic by our "friend" at the Lakes. Request info under CPR, they have written back saying unable to comply until January and they have written to court agreeing for an extension for filing my defence.

 

Have contacted court and no record of this on court file (however court had backlog of work so it may not have been dealt) - submitted holding defence to be on the safe side.

 

Has anyone experienced this before?