The court are insisting i attend a directions hearing -despite being ill

[accounts]

My neighbour started a case in April-and requested acces sonto my property for maintenance. He was told to file an amended particulars of Claim -which he did in June (9 weeks later although the guideleines state 14 days), I then filed my defence documents and the case was listed for a directions heairng in September. I underwent surgery in May and I am waiting for furtehr surgery due to complications and so my GP sent in a medical statement. I filed an N244 and the case was adjourned. The case has been rescheduled for this Friday despite my GP sending in a furtehr medical statement stating that I am not fit to engage in ahearing until I have undergone further surgery. The court sent a letter insising that I arrange for a telephone conf call and pay the costs.

 

I have written back to the court saying I am not in a financial situation to pay £65.00 -as I am only on SSP -having been off work since April, and I do not have the claimants phone number to arrange the eharing. The court have now replied saying that I must attend or must arrange the hearing -despite my GP sending in a statement informing them I am waiting urgent surgery -(to have stitches removed which have failed to dissolve from my previous operation)-resulting in a local anaeasethic and having the wound reopened again-I saw the conusltant five weeks ago and was told I will receive a phone call in a few weeks as it will be done urgently.

 

Can someone please assist me. The letter form the court jsut received that I had previously said I had problems with getting to the court -hence the reason to suggest a phone hearing -which I have never mentioned having problems -it stems from my GP. I am in severe abdominal pain, I am on anti-depressants, maximum painkiller -including morphine and dont know what to do-can the judge insist despite medical statements.

 

I have suffered harassment from this neighbour for 6yrs-the police have been out numerous times to arrest me, fortunately my cctv have proved evidence and no action has ever been taken. The last vsiist was from the police as approx 6 pieces of shredded paper blew into next doors garden when the shredder was emptied-and the police replied. The neighbours are both alcoholics and last weekend has been awful, him shouting and calling me various names which I wont post on here -all because I had been outside at 6.40pm-to go to my freezer and my security light came on-he was going bed and stating that I was standing watching him.

 

PLEASE hope someone can help me -I have limited time, ill health and being forced to attend court when I cannot due to the severity of my pains in my abdomen.

 

Please help me someone -I am at the end of my tether and the neighbours are getting everything they want , so fed up and the fact I am ill and still ecxpected to pay costs -struggling to keep a roof over my ehad as it is -as I live on my own in a semi cottage.

 

Appreciate the time taken for anybody who knows any rules or guidelines on what i should do.

[citizenB]

I have moved your thread to the "Legal issues" forum, where I am sure you will receive some advice.

 

Have you spoken to CAB or taken advantage of the free / reduced fee time that some Solicitors provide ? Your local CAB office should be able to provide a list of these for you.

[BankFodder]

Get a doctors letter stating that you are unable to cope with a hearing in person or by telephone and are likely to remain in that condition for XXX days.

 

The send a copy of that doctors letter to the court with a copy to the Minister of Justice and a copy to your MP together with a letter apologising that you are not able to take part in the proceedings in any way and that you will attend a hearing as soon as you are able.

 

In the letter point out that you are entitled to the benefit of CPR 1 - the Overriding Objective - that a decision must seek to justice in all the circumstances.

 

Tell then that if a hearing goes ahead in your absence and that a judgment is given against you that you will have the judgment setaside and that the proceedings will have to be reheard.

 

Sent this letter and your doctors letter to all three parties I have mentioned above and make it clear on each letter that you have sent copies out - and to whom you have sent those copies.

[AndyOrch]

Further to BFs excellent advice accounts

 

Have you checked if you are exempt from fees? here is the link for the EX160A

 

http://england.shelter.org.uk/__data/assets/pdf_file/0018/119601/EX160A_Court_fees.pdf.

 

Regards

 

Andy

[accounts]

Many thanks for your quick and helpful advice.

 

The doctors sent the medical statement directly to the court -so I have rung my GP and my relative is picking a copy of this up from the surgery, this incidcated I had to udnergo further surgery and would not be fit to engage in any hearing do to my health and that the GP would inform the court as soon as I had undergone surgery -as then I will still need around two-three weeks to recover from surgery -with no driving etc.

 

My relative is calling on me to type up some letters and has offered to hand deliever to the court tomorrow.

 

Many thanks for the advice-again, I really appreciate this as I am unable to concentrate on anything at all due to my health -and haven't slept for months at night in excess of two/three hours as I am in so much pain. Thanks to all for your advice.

 

Forgot to mention that I am exempt from fees for the N244 -but the telephone conf call costs around £65.00 from what I understand.

Edited October 24, 2012 by accounts

[AndyOrch]

" Forgot to mention that I am exempt from fees for the N244 -but the telephone conf call costs around £65.00 from what I understand."

 

Then you should be exempt from that also.

 

Andy

[accounts]

Thanks andyorch-this is certainly worth knowing, the court are aware that I have only been getting SSP since April -this will now be ESA-yet they still insisted in their letter that I would be responsible for the costs:-

 

"the defendant must arrange the telephone conference call with one of the organisations listed below and is also responsible for all costs incurred".

 

The call was to be arranged with BT or legal direct. The other issue was the fact that the Claimants refuse to give me their phone number anyway -so all in all its been a total mess, in addition to feeling ill. I had surgery in May and I am now at the mercy of the nhs to have further surgery following complications -I just wished I could get that done and then at least recover and feel better.

 

A letter has been typed to the court, mp and ministry of justice and copies of the medical statement from the GP -thanks so much for your help. I was at the end of my tether with everything and was so glad that I posted on here for help/advice etc. Will update when I have a reply-again Thank you.

[accounts]

Letter delivered to the court -the lady on the desk said to my friend"dont know why she has sent this it means nothing and the hearing will still go ahead", my friend was left speechless and replied "the lady is poorly and cannot attend " to which the response was "nothing we can do, it will still go ahead". So have to wait and see what happens.

 

If it does go ahead and I have to do the set a side application-is this on the N244 form-and is their any time limit for completing (everything else revolves around 14 days?)

 

Thanks you.

[unclebulgaria67]

Letter delivered to the court -the lady on the desk said to my friend"dont know why she has sent this it means nothing and the hearing will still go ahead", my friend was left speechless and replied "the lady is poorly and cannot attend " to which the response was "nothing we can do, it will still go ahead". So have to wait and see what happens.

 

If it does go ahead and I have to do the set a side application-is this on the N244 form-and is their any time limit for completing (everything else revolves around 14 days?)

 

Thanks you.

 

I suspect that they are right, that it will go ahead, but they will be aware that you could attend. Is there anyone you can authorise to act on your behalf ? A friend/relative or solicitor ?

[AndyOrch]

Well if you cant attend the court and you are not prepared to do a conference phone call then there is little else to be added Accounts.As a defendant you must put a fight up one way or another otherwise the Claimant will advance and achieve higher ground and probably win the case.

IM not confident that you would be able to set a side for the reasons stated.

 

Regards

 

Andy

[robcag]

Perhaps you are a bit hard of hearing and would find a conference hearing difficult, if you get my drift.

 

Rob

[accounts]

The reason I cannot do the conference call is the cost element-that I was being forced to pay the costs -when I am currently only on SSP, the phone number situation-the claimants were written to at the end of sept and refused to pass on their phone number to me. I have informed the Court of this and they have refused to let me know their number -if they have it on file. The other reason is my health-the GP had stated that I should not engage in a hearing (attend or phone)until I have had further surgery-due to the affect it will have on my health-which he is concerned about. I am on maximum anti-depressants, maximum pain killers-including morphine, I am on medication for a tachyardia and if I am put under any more stress then my operation may have to be delayed -due to the tachyardia-which must not happen as without this operation my stomach wound will not heal -currently it is 23 weeks (approx)since my major op, I am still have to have dressings on it every day -this is also as a result of the added stress from the neighbours which has affected my healing-and the fact that the court released private medical information of mine to the neighbours and they have used it in harassment against me -recorded on CCTV for evidence.

 

Unfortunately, I don't have anyone who could go tomorrow-as I have not used a solicitor-due to the cost implication, and the fact that I have not been well enough to even get out to go and see a solicitor.

[unclebulgaria67]

Well you have informed the court you cannot attend and therefore following the judgement, you will have to deal with it, when the information comes through. It might then be appropriate to contact a solicitor to see what you can do. If you have any legal cover with Home Insurance, see if they can offer any help. They may refuse, as you did not inform them when you became aware of any legal action.

 

http://legaladviserfinder.justice.gov.uk/AdviserSearch.do

[accounts]

Thanks for your post. The legal cover in my house insurance will not cover me as I approached them in March -when everything started and as they arranged mediation in the past and funded a solicitor etc they will not fund any further neighbour issues-as they stated that the chance of me winning the case is only 50/50-so they are no use unfortunately. Will try and find asolicitor who will offer an initial appointment free of charge -if possible, many thanks for the link.

[accounts]

I have not heard anything form the court, but the neighbours have been swearing and abusing me all weekend -stating that they won the hearing. The hearing was to give them permission to replace an outward opening window in their boundary wall with another window (despite it being only six years since this was done), and to repair the rendering in their boundary wall, and repair their roof -which was re-done in 2011.

 

Since 2006-I have been subjected to harassment -ongoing from the alcoholic neighbours (who is an uncle and wife), he then replaced a non opeing window one day whilst I was at work with one which had two openers -which opened 20 inches over my driveway. Due to a narrow driveay I had to close the window to get in/out of my drive-anyway lots has happened, she had a polcie caution and we attended mediation. I was informed to install a post on the boundary of my property -to stop the window opening over my narrow drive -this was done in 2007 -and I have CCTV footage of this, and letters from their solicitor instructing me to remove the post and CCTV -in 2007-no action was taken.

There have been numerous alleagtions made against me -including me damaging the window, driving at the neighbour, photographing them, pulling their cement rendering off -all confirmed as false -no action ever taken -as my CCTV supported my comments.

 

They submiitted an application in March 2012-to replace the window and repair the rendering, they then submitted an amended particulars of claim in april -and i filed defence in June. Anyway, the hearing was listed for last friday-and not heairng from the court i dont know what has happened.

 

I have today received an amended particulars of claim -assume from the neighbours -as it is her writing, no letter or anything-so I will wait for the court -as i dont know who has given them permission to alter their claim.

 

I don't know how many amended particulars of claim anybody can submit -this is their third one, and I thought they needed the court of parties permission-which has not been given?

 

Anyway, their statement of truth contains two glaring lies:-

 

it states they have been denied access for six years -i have evidence to prove they have been on numerous times during the past few years and caused damage to my property -with paint etc -hence the reason that i deny access to the neighbours on grounds of their continued harassment and damage to my property.

 

it states that I have recently erected a post by their window -thsi was in August in 2007 -and i have cctv footage of this and letters from their solicitor instructing me to move the post. The post was installed on health and safety grounds as I was trying to get off my drive and she would open the window -the police told me that i must not hit the window as it would be deemed criminal damage -hence the reason for the post-to allow the window to open to their boundary.

 

Their boundary wall runs alongside my driveway, and he was informed to fit a limiter to his window -which he refused and the council took no action, his previous window never opened.

 

The application to replace the window should be refused under the access to neighboruing land act -as the window is only 6 years old -and it is not essential maintenance.

 

Can anybody please advise me of the best way to respond -assuming I get the same from the court-as i need to make the court/judge aware that the statement of truth contains two obvious lies -which I cna prove, as this is what the neighbours keep doing with the police and then i have to prove myself everytime.

 

They are both alcoholics, and the weekends are horrendous, their language is swearing/shouting and name calling-the words he used at the weekend and names he called me are not repeatable on this forum -I need to let the judge be aware of this.

 

Any guidance please, help, still feeling ill an wanting surgery -so appreciate any help/advice .

[citizenB]

First of all, it might be worth you telephoning the court to find out if there are any hearing dates or whether they have received any applications to amend claims etc. You should be sent copies of these, because you should have the opportunity to submit rebuttal witnes statements.

 

It does sound like you are living next door to the neighbours from hell..

 

I will try and find some more help for you. .

[accounts]

Thanks for your reply. I have just realised that one of the amended parts in the claim form has been totally crossed out -so they have schedule points 1,3,4 and 5-so not sure why they have crossed out point two -and if they have crossed it out on the court copy.

Other point is the date, they have a typed back page -with statement of truth on-and the date is typed as 30th may -to which they have crossed the may out and changed to october -so again I have my doubts if this is now a legal document -as they have not initialled any changes etc.

 

Certainly right -they are neighbours form hell -problem being their alcoholism and then their behaviour being abusive, swearing etc-the fact is they are so convincing when they lie.

 

Thanks for your post and any other information you may be able to find out -I will ring the court tomorrow .

[unclebulgaria67]

Don't know what to suggest really. Perhaps you should ask the local council authority, whether they can offer any advice on the situation with the neighbours.

 

If you own your own house, at some point someone needs to deal with this situation, as otherwise you will have real difficulty in obtaining a sale.

 

I am guessing that there are building regulation issues which the council can become involved with, that may not interfere with the court issue you have had. If the council could get involved, then perhaps there is a way forward.

 

If you are receiving regular abuse, the council and police may also be able to help you with that.

[accounts]

Had my surgery on friday -so still suffering, but had letter today from teh court stating that the case is now by fast track.

 

Claimant to file :-a statement of evidence by the 5th November, and I must serve a statement in rpely by 19th November. Clearly I had the amended particulars of claim last week -which were different from original and they had several crossings out etc-so the court have been made aware of these. In my statement of reply-I have sent in large amounts of defence documents in the past-can I include photo's etc with this statement. The neighbours are saying I have recently erecetd a post in my drive in front of their windw -this has been their over five years-and have CCTV and photographic evidence-can I include these photo's, and copy of mediation agreement etc-fro 2006 -when the posts issue was discussed-or do I only have to keep it to a statement.

 

Any legal advice please, although not up to typing at the moment -will have to do it next week-if i feel better.

[unclebulgaria67]

Wait for more expert advice, but I think in the statement you mention the evidence that you have available and that the claimant can be provided with copies, provided your appropriate costs are met by them. You would list the evidence, what format it is in, when it was recorded, a summary of what the evidence is about etc. I think when you have to send the claimant a letter with the statement you will be making and to advise them of what evidence they can have made available to them.

 

I suspect that when you do this, you have to provide the relevant CPR rules that apply.

[accounts]

thanks unclebulgaria67 -for your post, I am a little confused as this is the third set of amended particulars submitted by neighbours and I have already filed two lots of defence documents-this statement is the third amended particulars of claim-filed and the neighbours have not filed any supposrting dosuments as evidence etc-just wondering if i must copy all the relevant defence documents previously submitted-especially as the notice says the defendant must 'serve a statemnt of reply' rather than defence documents.

 

Will wait for any otehr useful posts etc-not feeling like researching the internet etc due to my health