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Application & Witness statement received one working day before hearing - IS THIS LEGAL!


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Hi All

 

Revived a letter from Court last year with hearing date on it, but nothing appertaining to what the hearing was about.

emailed the court and sent them a letter asking for information concerning the hearing, what it was about etc and to have the hearing transferred to my local court as it would have meant me doing a 500 mile round trip for a 15 min hearing.

 

Most of which fell on deaf ears, then literally on Saturday the 9th Jan before the hearing was about to take place the following Tuesday the 12th Jan I received the Claimants application and witness statement from the court which gave me no time at all to form a defence.

 

I rang the court in a blind panic on the Monday explaining this and that I had sent emails and letters concerning this matter all of which they said had received, and I asked in the circumstances for at least the hearing to be adjourned to give me time in which to form a defence, and they said that they would make a note of it in my records for the Judge to see.

 

About two weeks later I received a letter from the Court to say that the hearing had gone ahead in my absence and that the Claimants order had been granted, :mad2:

 

Surely this cannot be right, surely their must be some sort of protocol in place to give the defendant the opportunity in which to form a defence.

 

I am in the middle of a Set Aside application at the mo to do with their witness statement which I had to pay for:mad2:

 

My question is do I have any grounds here to get this case struck out or dismissed before it is started so to speak, due to the lack of time given in which to form a defence and should that hearing have taken place given the circumstances.

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A set aside will get you back to square one – when the claim was made. Presumably you now know what the claim is about – would you have been able to successfully defend, or have a good chance of doing so? Can you tell us more, such as who is involved?

 

On receipt of the claim form, you should have instigated CPR against the claimant. Are you saying you did not receive the claim form? Even so, any notice of allocation of a hearing from the court would have given a case number, and you would have been able to get a copy of the claim from the court. It would also have told you who the claimant was. What did the notification say?

 

Unfortunately courts tend to ignore any requests or letters that are not on an N244 accompanied by £75.

 

Part of your reason for set aside would of course be the abuse of process.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Hi

The hearing in Jan last year was for the now claimant to be substituted as the new claimant / DCA although they bought the CCJ debt 8 years ago.

 

But my point is when I received a notice of allocation of a hearing from the court it had a case number on it, the OC showing as the claimant and the date of the hearing but that was it nothing else at all as to what the hearing was about ,and like I said I emailed the court with the case number sent a letter to the court with the case number in order to 1, find out what this hearing was about and 2, to get it transferred to a local as it would have meant a 500 mile round trip for a 15 min hearing for me all of which the court confirmed they had received.

 

Now what I am saying is that I only got the claimants application and witness statement from the court literally one working day before the hearing date which informed me that the hearing was for an application for the claimant to be substituted and a witness statement which had more holes in it than Phil Taylors dart board, but gave me no time in which to form a defence before the hearing.

 

Then after the hearing went ahead in my absence and was granted in favour of the claimant I applied for a set aside ( which I have to pay for) on the grounds that I was given no time in which to form a defence to the claimants application and witness statement and that I had emailed , sent a letter to the court manger and that I had asked for the hearing to be moved to a local court before the original hearing had taken place,

 

So surely that hearing should have not taken place given the

 

fact 1, That they confirmed all my correspondence had reach the court.

 

fact 2, That I was given no time in which to form a defence before the hearing took place, as I stated earlier surely there must be some sort of protocol in place to let the defendant know what the hearing relates to and given the time in which to form a defence (but to only given one working day?) and then through no fault of my own and to add insult to injury I had to pay for the application for a set aside!!! Surely this cannot be right.

 

The set aside hearing is now on its second adjournment, Please feel free to check it out on thread http://www.consumeractiongroup.co.uk/forum/showthread.php?286190-Notice-of-Assignment-Law-HARD-FACTS-EVIDENCE-REQUIRED-PLEASE.&p=3221530&highlight=#post3221530

 

Maybe you might be able to help as plenty viewed but no advice given.

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