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Hoist/Cohen claimform - OHs Capital One card debt


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Ok.  The Clerk said it could be read out in her absence after the confusion over the amended defence. We don't want a default judgement.  Do you have any other suggestions?  What about getting a Mackenzie freind to at least have a presence there?  

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Im not sure.......case management conferences as stated are to iron out the allocation and directions...its not a trial...and I assume the claimant wont be submitting a statement. ?

The parties must consider whether a case summary will be useful for the CMC. If a case summary is to be produced, this will be prepared by the claimant and approved by the other parties. It should generally be no longer than 500 words, and its aim is to assist the court to better understand the issues in the case and to make it easier for the court to deal with the issues.

https://www.inbrief.co.uk/preparing-for-trial/attending-a-case-management-conference/

 

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Any thoughts on the Mackenzie Friend with rights of audience issue?  Her Boyfriend could stand in her place and answer any questions the Judge may have, I have had a look round the internet but I can't see a clear way of applying for one. 

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Give your court and ring and enquire and explain the situation...

Read here.....

https://www.gov.uk/litigation-friend

 

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  • 3 weeks later...

A letter today from the court.  it says the following - 
_____
It is adjudged that
the claimant recover against the Defendant the sum of £XXX.XX for debt and interest to debt of judgement and 
£XXX.XX for costs amounting together to the sum of £XXX.XX.  

It is ordered that the Defendant pay the Claimant the sum of £XXX.XX forthwith.  
_____
Nothing else.  No other details, no Judges name, nothing.  This was supposed to be a preliminary hearing.  What the heck has gone on?  This is obviously nonsense, she has not had the chance to submit a proper defence.  

Help!

 

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It appears the the District Judge has dispensed with a need to proceed the claim to a trial hearing and has made his deliberation at the CMC.

 

Did you not attend or consult a Mackenzie Friend ?

 

I did previously warn that none attendance normally guarantees the claimant judgment.

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She was unable to attend and I wrote letter to the judge explaining why(series mental health issues).  The court said that they would not grant any applications from a lay person to speak on her behalf. 

 

The judgment has no Judges name on it.  How can we get this overturned?  

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You mean set a side.....make an application using n244 the fee is £255 and you will have to attend a hearing and state your reasons why you think the court has made an error in judgment

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Appeal the judgment......costly...again you would be wise to attend court and argue your appeal.

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