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disputed judgement


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After taking this guy to court, obtaining judgement, issuing a warrant, I had a letter from the bailiff saying he was unable to contact the defendant. I got hold of him straight away on a number I gave the bailiff, and asked him what was going on...He said he was disputing the judgement and its going back into court. After wasting my £55 on this no good bailiff, I decided to meet with him in his shop and video the meeting on my camera phone. He clearly states that he wants to keep the signs I did for him, but is not willing to pay for them..Is this video (or a transcript of the video) admissable in county court?

 

Thanks for your help

Edited by robbieswan
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You should produce a transcript and probably swear an affidavit that the transcript is a true record.

You must inform the court that you will be presenting video evidence and you should provide the means of showing it. Getting the judge to squint into your phone will not be good enough.

You will need to show it at a reasoable size on a laptop but keep the original recording on the phone and take that to court first.

There is no reason why the judge should not receive the evidence but you will need to get permission first

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thanks for your reply..I have to warn you there is some colourful language used by the defendent, but I remained calm, composed and polite. I hope the judge has not lived a sheltered life or previously been a man of the cloth.

Bankfodder, would I please be able to send you the video somehow for your opinion?

 

Many thanks

Edited by robbieswan
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Hi Robbie,

 

I was once involved in a court case where some colourful language was used and I tried to save the female magistrates ears but was told in no uncertain terms that I had to use the language as heard.

 

It was strange swearing at the magistrates (but somewhat satisfying)

 

GK

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The problem really is that the average county court bailiff is a civil servant who doesn't chase defendants too hard - don't forget that over half of the CCJ's obtained in the SCT are never paid

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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  • 1 month later...

ok..the hearing was Monday on the disputed claim...The defendant was late which the judge was annoyed about...His defence was weak to say the least..The judge ruled that he has to pay the money into the court and not to myself and also to send myself and the court a copy of a new defence....How is it that he is able to defend himself again?...If he doesn't do all of these things by next tuesday, the judgement will not be set aside and I win the case...A new hearing will follow him paying the money into the court...I am confused at this course of action to say the least

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