Allocation questionnaire

[Consumer dude]

I waited until the 23rd/Feb and on my third vist to the court (may have been the 4th but at least three) from that date the guy at the court confirmed to myself that the claimant had paid the fee of three hundred pounds but on the 3rd/March (which was yesterday) which makes the payment late in my book. Now he advised to send a letter to the judge to confirm that fact. Should I but what will happen ? Will an automatic strike out happen by the order of the court as I believe and will they confirm that in writing. This is getting stranger by the moment..

[NGEddie]

Interesting, I forgot to ask if the fee had been paid on ours, just assumed it had, maybe I should check?

[Consumer dude]

Interesting, I forgot to ask if the fee had been paid on ours, just assumed it had, maybe I should check?

 

 

 

 

 

How would anyone know, as its unclear to if the court would have informed us and as they (the claimant ) had paid the fee late which needs to be addressed otherwise its a case of making it all up to suit yourselves which includes the court. We do live in strange times..

[Consumer dude]

I waited until the 23rd/Feb and on my third vist to the court (may have been the 4th but at least three) from that date the guy at the court confirmed to myself that the claimant had paid the fee of three hundred pounds but on the 3rd/March (which was yesterday) which makes the payment late in my book. Now he advised to send a letter to the judge to confirm that fact. Should I but what will happen ? Will an automatic strike out happen by the order of the court as I believe and will they confirm that in writing. This is getting stranger by the moment..

 

 

 

Bump..

[Consumer dude]

Should I wait for the court to confirm in writing that the claimant has paid the fee even though its late and perhaps if and when that happens I could complain to the court that it was paid late so they may strike it out. What do others think ?

[the_shadow]

i wouldnt get your hopes on the claim being struck out due to late payment im afraid. the claimant almost always is given leeway. you need to prepare for court i feel as caro suggested.

 

s.

 

edit: If you are awaiting documents that you require to form the defence then you need to put in an application to see those documents Urgently!

Edited March 12, 2010 by the_shadow

[Consumer dude]

i wouldnt get your hopes on the claim being struck out due to late payment im afraid. the claimant almost always is given leeway. you need to prepare for court i feel as caro suggested.

 

s.

 

edit: If you are awaiting documents that you require to form the defence then you need to put in an application to see those documents Urgently!

 

 

 

I am still waiting original documents from the claimant and they have failed to provide them. Do we apply to the claimant again ? (how many more times) They have paid the fee but they paid it late. This is where this is up to so its on to the next stage. Any further advice would be appreciated..

[the_shadow]

I am still waiting original documents from the claimant and they have failed to provide them. Do we apply to the claimant again ? (how many more times) They have paid the fee but they paid it late. This is where this is up to so its on to the next stage. Any further advice would be appreciated..

 

Have you filed an application for disclosure of them or has the court ordered them disclosed?

 

I think you need to read this thread urgently...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

s.

[Consumer dude]

So the claimant needs to pay a hearing fee by 23rd Feb or the case will be struck out. If it's paid then you need to start preparing your court bundle and a witness statement setting out what happened which has led to the case and the arguments you intend to use to defend it.

 

 

 

 

This has been left a while, but as you may have read the 300 pounds was paid but was paid late. I intend to go back into the court tomorrow to see if the hearing is still to go ahead as I am aware of deadlines. A request for an order compelling disclosure of information requested seems an option..

[caro]

Shadow has provided you with a useful link in post 133 above which should assist with disclosure of documents.

[Consumer dude]

The latest on this is I have sent a a request for disclosure of documents and over this weekend am preparing the court bundle. Still no news from the claimant..

[caro]

Have you done your witness statement? When does it need to be in for?

[Consumer dude]

Have you done your witness statement? When does it need to be in for?

 

 

 

 

I am doing a witness statement now and it will be in today. I can do no more apart from what I have done, if the other side won't respond then I would urge them to see a doctor. lol..

[caro]

Don't forget to prepare a wasted costs order to take to court.

[Consumer dude]

Got the paper work in to the court and the other side. Is this wasted costs issue something I can present on the day ?

[supasnooper]

Got the paper work in to the court and the other side. Is this wasted costs issue something I can present on the day ?

 

You could but I would advise that you are best to get it filed and served as soon as you can.

[caro]

Got the paper work in to the court and the other side. Is this wasted costs issue something I can present on the day ?

 

If you win or they withdraw the claim then yes you can.

 

You'll need to adapt this to your circumstances as defendant.http://www.consumerforums.com/resources/templates-library/48-bank-templates/143-wasted-costs-order-

[Consumer dude]

Don't forget to prepare a wasted costs order to take to court.

 

 

 

 

 

Is it the defendant who needs to do any application for wasted court costs or is it my self as the witness ? I believe I have followed the court's directions which is more than can be said for the other side..

[caro]

I would say it needs to be the defendant. It could be seen that you are charging.

 

Are you going as a witness or to speak for her? If you are losing money from work because you need to attend perhaps your OH could apply for lost wages for you. I wouldn't want to push it too far. You never know how the judge may respond.

[Consumer dude]

Just out of pocket expenses and a nomimal sum for my time and effort I guess. Its not even about the money for me but more about why have they started something that they have not even been too bothered about with information reasonably requested..

 

 

I am going on her behalf, not even sure if the court will allow me to speak, I will see on the day no doubt..

[caro]

Phone the court and check what you need to do to be able to speak for her. If she goes with you I don't think it should be a problem, but if not I should think you'll need something in writing giving consent.

 

Don't leave it to the last minute to find out.

[Mr lex]

Hi CD,

 

If you need it, here's a letter I used to speak on behalf of my employer.

I've changed it a bit for general use.

 

 

Mr *******

Cag Place,

Cag Town

CA90 44E

 

Tel. ***** ******

 

Date

 

From. Mr **********

 

In *********** Combined Courts.

 

Claim No ***********

 

For the consideration of District Judge *******

 

On the * Date of hearing*

 

Dear Judge *******,

 

In the above case in which I am the Claimant/Defendant. I would like you to consider allowing my Wife, Mrs **********, to speak on my behalf. Mrs ********* has the day to day knowledge and experience to present the details of the claim and is fully conversant with everything that has taken place.

 

I trust this will meet with your approval.

 

Mr *********.

[Consumer dude]

Phone the court and check what you need to do to be able to speak for her. If she goes with you I don't think it should be a problem, but if not I should think you'll need something in writing giving consent.

 

Don't leave it to the last minute to find out.

 

 

 

Had already sent authorisation letter to the court for me to act on behalf of the OH, not sure I need to follow it up ? Is this hearing likely to be heard in chambers rather than in open court would you know ? Today I have recieved papers from claimant and there witness statement, however they are clearly out of the time as directed by the court. What should I say or do about that ?

 

Also sent was a copy of a default notice that was stated was sent towards the end of 2008. They also stated copy of the assignment was sent in September of 2008. Regarding the assigment notice, they claim in the witness statement that they do not have to disclose the deed of assignment as this is commercially sensitive which if disclosed could come to the attention of the claimants competitors and hense therefore be prejudical to the claimant.

 

There is other stuff about section 136 of the law of property act 1925. I'm getting confused now, but the fact that sending this stuff now is out of time is it not ? court date is still 4th/May/2010. What is likely to happen on the date as things stand, for instance don't they have to show that the default notice was served as well as well as the assignment ?

 

Wot do I do now ? Is this a case of trying to confuse me and why have they left it until now and if this is stuff that intend to use at the court on the day, this is out of the 14 day period as directed by the court and to which I have shown respect to the procedure. What are they playing at ?

[Consumer dude]

Hi CD,

 

If you need it, here's a letter I used to speak on behalf of my employer.

I've changed it a bit for general use.

 

 

Mr *******

Cag Place,

Cag Town

CA90 44E

 

Tel. ***** ******

 

Date

 

From. Mr **********

 

In *********** Combined Courts.

 

Claim No ***********

 

For the consideration of District Judge *******

 

On the * Date of hearing*

 

Dear Judge *******,

 

In the above case in which I am the Claimant/Defendant. I would like you to consider allowing my Wife, Mrs **********, to speak on my behalf. Mrs ********* has the day to day knowledge and experience to present the details of the claim and is fully conversant with everything that has taken place.

 

I trust this will meet with your approval.

 

Mr *********.

 

 

 

 

 

Thanks for your help. Authoraisation letter went in. Claimant failed in the time limits by the court, so what would you say is the correct procedure to draw this to the court. Went to the court to day to enquire wheter I will be able to speak on behalf of OH as requested by her self to the court. A court staff member said that the judge would inform Oh in writing before the end of this week if this is allowed. I now wait. I personally have found this whole issue strange in the sense that simple requests for very basic stuff is left to the last moment or not delivered at all. Oh hum, guess its all a learning curve..

[Mr lex]

First thing to do is phone the court and see if they have received anything.

It's not unusual for the other party to 'forget' to supply you with the required paperwork. If the court hasn't received anything either, write to them, explain the situation and enclose a copy of any court order that was handed down.

When I asked to speak for my employer, I heard nothing at tall back from the court. This was a Judge well known down here for being particular about paperwork. I just turned up on the day and the all the Judge said was 'Ah, your Mr Lex and your here to represent your Boss' !!

 

Hope this helps,

 

Lex