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Setting aside a ccj - defence sent to wrong court


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Even better then.....very patient Judge dealing with this claim. Don't forget to refer to her  " expert electrician " as a family friend at the hearing who is not qualified to give testimony on a subject he's not qualified to give. :-D

 

Andy

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That should be a laugh - her writing to the court in her spider scribble. 

read para (g).   dx  

Its no use ringing the court...an application has to be made with fee using the N244 to request further directions.Well done on posting the letter you have your side covered.....let her keep digging t

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Yes very patient. She is a nightmare! 

I couldn't believe it when she said who she wanted to use as an expert. 

Just confused as to why the original expert didnt want to do it, maybe she didnt instruct them in the 1st place. I have never recieved anything from them. She said she spoke to them and they have put a trace on me. She's crackers! 

Thank you for all the advice, fingers crossed the next hearing will be the last. 

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He probably also lost patience.

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Is it worth contacting the previously agreed expert and finding out what has changed and why?

 

If they are willing to write to you (or the court!)  explaining (have they received instructions at all? What has changed??) so much the better

 

The judge might not be able to consider what such a letter would say (unless they’d be prepared to make a witness statement), but you might accidentally drop it into discussion, and if the judge asked to see the letter it might be useful if it places the claimant in a bad light ….

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5 hours ago, keek said:

 

 

She told the judge the independent expert we chose will not attend now.

 

The judge said she could use her own expert.

 

 

 

 

 

 

 

According to CPR  the use of expert witness was to be chosen and agreed between the parties.

 

Quote

There will be a single expert witness instructed by the parties jointly, whose evidence will be in the form of a written report. The judge may define the issues to be addressed. Further directions may be given as to this expert, as below..
Pre-action protocols may have required an expert’s inspection before the claim is filed in court.

https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/experts

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Hi Andy,

Thanks for the info.

 

I'm struggling to understand how the claim can be resolved with no independent expert.

At the last hearing the judge said it could only be resolved with an independent experts report. We aagreed on one.

Why would he then let her pick her own and me act as my own expert? 

 

Her "expert" did a witness statement at the very beginning, im sure the judge told her at one of the hearings it couldn't be used as he wasn't an expert. I think I uploaded the report. Its rubbish. 

Will her "expert" do a new report or just attend the hearing and rely on his initial statement?

 

I'll will update when I get the info from the court. 

 

 Thanks again. 

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All valid points that you must make a note of to raise with the DJ at the hearing...but reading between the lines with your last update it could be the judge is humoring the claimant and simply going through the motions....hopefully getting ready to dismiss the claim.

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I've been following this thread since it started two years ago and the person demonstrating most patience here is keek!

 

I understand that in small claims cases judges may need to give inexperienced and unknowledgeable parties a lot of leeway, but the courts seem to leant over backwards here in the claimant's favour to a ridiculous degree.  With the litany of court requests and orders here that the claimant has failed to comply with, I can't see that the judge needs to humour her any further before kicking the claim out.

 

With the judge apparently giving the claimant carte blanche to choose a family friend and non-expert to give an independent report, if I were keek I'd be concerned about what else might happen.  Surely this should have been done and dusted ages ago?

 

I also agree with Bazza's post #179.  I'd contact the original expert keek thought they'd agreed on and ask him why he no longer wants to be involved.

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