July Court Case

[Nottsdave]

Hi All,

 

I have a court case coming up on July 1st, directions from the court state that

• The claimant has to serve and file copy documents 35 days before the hearing
  
• The defendant has to serve and file documents 21 days before the hearing.
  
• Oringinal documents have to brought to the hearing.
  

So by my reckoning the 35 days is up today, am I right and what can I do about this if the docs dont turn up ?

 

Any advice greatly received.

 

Notts

[Nottsdave]

anyone ?

 

 

Notts

[Blossomandebony]

Hi, Notts

 

You could send something like this:

 

In the XXXXXXX County Court

Claim no. XXXXXX

 

 

Between

 

XXXXXXXX, defendant

–V-

XXXXXXXXX, claimant

 

 

For the Attention of the Case Manager

 

Dear Sir,

 

Further to the directions made by Judge XXXXXXXXX sitting at the XXXXXX County Court on XXXXXX 2008, I note that the claimant has now failed to file and serve their documents by XXXX on XXXXX, despite being ordered to do so.

 

The claimant has had every opportunity to file and serve the required documentation and, given the size of the organisation, it is not unreasonable for them to have filed such documentation on time at the first opportunity. They have ignored the Honourable Judge’s orders and have failed to comply as directed.

 

Therefore, I would request that the claim is struck out without further order.

 

 

 

Signed……………………………. (Defendant)

 

Date …………………………….

 

I doubt if the judge will strike out the claim straight away but it may prompt him to produce an 'unless' order, stating that the claimant has another, say, 7 or 14 days to comply, or be struck out. Once you get this order, they have to comply, (hopefully, they won't and you will get the strike out!).

 

BAE

[Nottsdave]

thanks BAE,

 

I will see if there is anything waiting for me when I get home and then send the letter off.

Once again the claimant is late and nothing is done, they just get more time to file, reducing the time I have to file............the system is so biased towards to big boys.

 

 

Notts

[Nottsdave]

just a thought would it be worthwhile putting in the letter about the reduction in time for my defence to be submitted if the claimant is allowed a further 7/14 days ?

 

 

Notts