Creditor has made claim through court - **STRUCK OUT - THEN REINSTATED**

[Kazzie]

I think any Witness statement/defence needs to be with the court and the opposition 7 days prior to the hearing, so although you probably have a bit of work to do - you do have a bit of time in which to do it.

 

You need to go through all their assertions and see if there are areas that will need questioning - proof - rebutting.

Ok thanks, but I'm really not sure what questions I should be asking other than how was it possible that something like this could happen? It would be helpful If someone could assist me with this.

I don't know the specifics of how things work when a solicitor 'actions' a trial date so I wouldn't know the specific questions I should ask.

As I can't fill out a witness statement with any confidence as to the content, my feeling is that we should just turn up on the date and ask the right questions.

Any help with these questions would be appreciated.

[Isiris]

Hi

Ive just read your thread as I love success stories but obviously this has a kick

 

What I would ask is this; If they claim they didnt know of the hearing hence no attendance, why did they send in a court bundle.

It would seem they were aware of the hearing date therefore.

It, IMO, is hardly your fault then that anything subsequent hasnt been managed by the solicitors

[DonkeyB]

Hi

Ive just read your thread as I love success stories but obviously this has a kick

 

What I would ask is this; If they claim they didnt know of the hearing hence no attendance, why did they send in a court bundle.

It would seem they were aware of the hearing date therefore.

It, IMO, is hardly your fault then that anything subsequent hasnt been managed by the solicitors

 

Excellent point. The other point has to be – would a defendant be allowed a set aside because they ‘forgot’ to turn up?

[DonkeyB]

They are implying almost that every single one of their actions requires an instruction, which is nonsense. This should be fun in court.

 

“So, Hegarty’s, when your client instructs you to prepare and send a bundle to the court, does it instruct you seperately to actually attend the hearing?” Killer question. The answer in my experience would always be “no”. End of the excuse.

[AndyOrch]

I was waiting for someone to pick up on the Bundle point did they even submit their Pre Trial Check list (N170) also? I really cant see the DJ allowing the set a side here

WS of objection required to the above 2 points and other points raised should suffice.

 

Andy

[Isiris]

Few, nice when people agree

I think thats why its been allocated 15 mins. The judge knows its in and out.

[AndyOrch]

Few, nice when people agree

I think thats why its been allocated 15 mins. The judge knows its in and out.

 

[DonkeyB]

Best to research other cases of theirs on CAG that have gone to court and ask the OPs what happened in court. Eg. who turned up, when and from where bundles came, etc.

 

Moreover - worth looking at what was in the bundle. Maybe you can also screw them on the evidence.

[DonkeyB]

I think it would be given 15 mins anyway - probably hasn't been anywhere near a judge yet, just through court admin.

[AndyOrch]

30/45 mins usually the norm DB on a set a side, Kazzie has been served Notice and the application required an hearing.The DJ has alloted 15 mins to dispense with the matter IMHO.

But we will see.....

 

Andy

[DonkeyB]

I suppose a judge (lottery) might just as easily have made up his mind the other way? If it's the same judge, I doubt it, judging by his comments. Let's hope so.

 

We're there any serious deficiencies in the bundle, Kazzie?

[PGH7447]

In my case, a local solicitor turned up,also on the day I got a letter from Idiots Ltd, telling me that they had changed sols and would be representing themselves.

 

in any case their witness statement was submitted late, and the judge was less than impressed.

 

also they misquoted the interest alledgedly owed by a fair whack, which again was looked upon with distain by the Judge

[citizenB]

I am going to amend title as it is no longer struck out.

[Kazzie]

Thanks very much for all the great advice, I have something to work with now and feel much more confident going into this! Yes, we will have the same judge as we did before.

Well done PGH - I was following your thread when I started mine but i didn't realise you had had a result!

 

Could someone tell me what they mean when they ask for "No order as to costs"? Are they asking the judge to refuse any request from me to claim costs?

 

If we win I'll definitely go for costs this time. I'm presuming I can no longer try to claim costs for the initial hearing, only this one? I wouldn't know what would be a reasonable amount to claim for, and what exactly I can claim for. Is there a guide on here that someone could point me in the direction of please?

[AndyOrch]

No orders for costs is for them Kazzie but not for you,in your WS you ask for Costs for attendance and preparation.£18.00ph and £90 for the day off work and attendance.

 

Andy

[PGH7447]

Thanks Kazzie, yep judge decided in my favour, following yours with interest

[Mike_hawk]

 

I still haven't recieved a copy of their AQ. I rang the court and they confirmed that it has been filed and that the claimant should have sent me a copy, but if I want one I have to request it from the court in writing!

 

 

Hi Kazzie

 

From your post #67, did the court provide you with copy aq.... if so who filed - I.N.D or Hegs?

 

Also, what was the alleged date of assignment?

 

Phil

[Kazzie]

No orders for costs is for them Kazzie but not for you,in your WS you ask for Costs for attendance and preparation.£18.00ph and £90 for the day off work and attendance.

 

Andy

 

Ok thanks Andy. Can I try to claim for the last time we were in court as well (when the claim got struck out and the judge put us off of it) or have I missed the boat on that one completely!

[Kazzie]

Hi Kazzie

 

From your post #67, did the court provide you with copy aq.... if so who filed - I.N.D or Hegs?

 

Also, what was the alleged date of assignment?

 

Phil

 

Hi Phil - sorry for delay in replying!

 

No I never did recieve a copy of their AQ from the court but I have the copy of it from their bundle. It is signed by the 'Claimant' (the Counsel/Solicitor part has been crossed out).

 

The alleged date of assignment was 7/7/2011. The first I heard of it was in October 2011 when I recieved IND's Letter Before Action plus a copy of the alleged assignment.

[Mike_hawk]

Hi Kazzie

 

Were you served with a notice of change at any point following Hegs appointment in the case?

 

If not, include in your witness statement.

 

I'm a bit lost with their application tbh, can't find any procedure that would allow them to restore a money claim that has already been to trial. Can't find any basis for a set aside either?

 

Try picking Andy's brains to see what he can come up with

 

Phil

[Kazzie]

This is still going on...and on...and on....

Have been reluctant to post details as certain points will make me easily identifiable and I do not wish to give them a heads up, though I will be happy to post all of the details once this is over.

In a nutshell I have been asked to provide info on a specific point of law within 14 days. Is there anyone out there that knows their stuff that can help me with this by PM please?

[ims21]

This is still going on...and on...and on....

Have been reluctant to post details as certain points will make me easily identifiable and I do not wish to give them a heads up, though I will be happy to post all of the details once this is over.

In a nutshell I have been asked to provide info on a specific point of law within 14 days. Is there anyone out there that knows their stuff that can help me with this by PM please?

 

If you care to PM me the full details I'll pass it on to the rest of the team and we can have a look at it for you.

[BRIGADIER2JCS]

I will ask one of my colleagues to look in.

[ims21]

Hi Kazzie

 

Got your PM.

 

Will get back to you as soon as poss.

[Kazzie]

Thank you.