Setting aside salford a ccj - defence sent to wrong court

[SuperVillain]

1 minute ago, keek said:

BazzaS thanks , didn’t look at it that way. 

I served a witness statement before the last hearing but it doesn’t include the photos of the camera she has interfered with as she did this after the hearing when the judge asked for an expert report. 

Shes sneaky. That’s why she had an issue of me hand delivering letters and phoned the police saying I was harassing her. 

Should I send an updated one including the things that have happened since? 

I would do an updated witness statement in this situation.

 

I think it’s an opportunity to explain your position with the expert/instructions, sending/hand delivering her letters, the photos you took of the cameras etc etc.

[keek]

 

HI 

Just a quick update.

Received a letter from court today.

 

The claim has been stayed for four months and the hearing vacated.

 

The claimant shall write to the court within 7 days of the expiry of the stay to inform the court if the matter should be listed for a hearing or if an extension of the stay required.

 

Since this order was made of the courts own motion any party shall have permission to apply to the court to vary the contents of the order or set aside within 7 days of service. 

 

Thanks. 

[AndyOrch]

Expected due to the current climate.

[FTMDave]

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

[keek]

Morning,

Hope everyone is well.

Just to update, I phoned court yesterday to find out if the claimant has written to them. The court said they have not received anything and to call back next week. 

 

The letter I received dated 4th May said the claim is stayed for 4 months and the hearing on the 20th is vacated. 

The claimant had to write within 7 days of the expiry of the stay to inform the court if they wanted the matter to be listed again. 

 

The lady I spoke to at court seemed confused and couldn't confirm if the deadline was from the 4th May or the 20th May when the hearing was vacated. 

 

Just wondered if someone could clarify this as from my working out she had until 11th September.

Many Thanks 

[SuperVillain]

If it’s unclear generally go with the earlier date (so as you point out 11 September).

Just bear in mind that courts are running huge backlogs of correspondence at the moment (some as much as 3 or 4 weeks behind).

 

Does the Court order say what will happen if there is no response by the deadline? 

[keek]

Hi, Thanks for the reply. Yes they said they was a few days behind when I rung. I will ring again Friday. 

The order doesn't say anything if theres no response from her.

Also if theres no response will I be able to claim my costs back? 

 

[AndyOrch]

Could she not check if it had been re listed...you would have received notification if it had......I dont expect that she has informed the court.

Andy

[SuperVillain]

11 minutes ago, Andyorch said:

Could she not check if it had been re listed...you would have received notification if it had......I dont expect that she has informed the court.

Andy

 Agree she hasn’t written to Court. 
 

If Keek writes to her she’ll probably pull her finger out and write to court and the hearing will he relisted (or she might even call the police again and spout more rubbish about being harassed).
 

If he does nothing I expect the court and the claimant will do nothing and the claim will just be stayed until someone at court gets round to doing something (and they’ll probably issue an unless order). This could be months.
 

If he writes to the Court asking for the claim to be struck out due to lack of response from the claimant, the court will tell him to make an application which will cost money and delay things even more (and if an application does get listed and heard the end result will likely be the claim being listed for another hearing).

I’m not sure what to do. 

Edited September 15, 2020 by SuperVillain

[AndyOrch]

Do nothing...its for the claimant to proceed..as per the last order above.

[keek]

So even if she has missed the deadline it can still be relisted? Would she have to start the process again from the beginning? 

I thought once the stay had expired that would be the end of it.

If she does nothing where would I stand in claiming back the fees and expenses? Would they just be wrote off? 

 

Thank you for the replies.

 

[AndyOrch]

No.... if she has failed to inform them to relist...the claim will remain stayed and if she wishes to proceed then she will have to make application to lift the stay...more expense.

[AndyOrch]

Hi any updates to the above...?

 

Andy

[keek]

Hi Andy, sorry for the late reply didn't have notifications turned on. 

No not heard anything. Bit of a loss on what to do now. 

Am I able to claim to get my court fees and expenses back? 

Thanks for checking in, much appreciated. 

[AndyOrch]

Check with the local county court what the status is.....I would assumed it stayed and why your at it ask about your costs.

[keek]

Great, Thank you. 

I'll give them a ring now.

[keek]

Just rang the court. She said the claim is still stayed but she is going to get the file out and put it in front of the judge as the claimant hasn't been in touch. 

 

She didn't know how to advise me on recovering my costs and told me to seek legal advice. 

[AndyOrch]

Okay so as thought......well lets see what the DJ directs next and we can address the costs element then. Better to keep an eye on matters rather than go along not knowing what is happening  and the uncertainty that goes along with it. 

 

 

 

.

[keek]

Thanks again, I will update next week. 

[AndyOrch]

Please do......its important for users that topics do not simply dry up.

 

With regards to the DJ directions he may simply relist it and give her a final opportunity to comply with the order dated 4th May 2020

or simply dismiss the claim......at that stage you will then have an option to make application for a Costs Order. I m not sure how much success you will have given that this is small claims track and costs are fixed.....but as your costs have arouse due to applications and set a side and expenses incurred in defending this claim..there may be some award.

 

If you get chance I would start to prepare your list of costs in dealing with this from your initial application N244.

 

 

 

.

[keek]

Morning, 

phoned the court this morning. The claim was put back In front if the judge yesterday. 

He has ordered a direction's hearing for May 4th via telephone.

[AndyOrch]

Surprised he is prepared to put up with more of this nonsense .....he can only allow so much leniency with a claimant.. 

 

 

.

[keek]

Thanks Andy

Your right, it is nonsense! 

 

At the directions hearing would I be able to ask to have it struck out? 

She missed the last deadline and made no effort to contact the court. Surely he can't give her another chance, its madness.

 

[AndyOrch]

Direction Hearings are not really the place to request that kind of Order and of course any Order must be backed up by an application and statement as to why you seek the order.

 

Bide your time I would assume his tether is now running short....and any further none compliance will signify the end is nigh for this claimant. 

[keek]

Morning, 

Just to update, I had the telephone directions hearing this morning.

 

She told the judge the independent expert we chose will not attend now. She said they had put a trace on me whatever that means. She couldn't explain why they wouldn't attend and I have not received any correspondence from them as to a reason why. 

 

The judge said she could use her own expert.

 

Her expert is an electrician he does not install cctv equipment therefore not an expert. He is also a family friend of the claimant.

I raised my concerns with the judge regarding this he said he would deal with it at the hearing. 

He said I could be my own expert. 

The hearing will be booked for after 21st June at the claimants property.