Creation/Shoosmith Claimform - old Flybe Card - Now N244 to lift stay and request SJ

[webbscatering]

getting very worried no phone call yet and I'm trying to phone the courts from another mobile

Edited June 17, 2021 by webbscatering

[dx100uk]

gone 4pm courts are closed now

[webbscatering]

managed to speak to someone who said they did try to call me on my landline but nothing rang, I have a Blink camera situated near the phone which hasn't picked up the phone ringing. It has picked up me entering my house at 1431hrs which is evidence I was on my property awaiting this call. I've been told I need to phone the courts tomorrow.

[AndyOrch]

1 hour ago, webbscatering said:

getting very worried no phone call yet and I'm trying to phone the courts from another mobile

 

What for ...why ?

[webbscatering]

was i meant to be part of a telephone conference call between them the courts and myself?

[dx100uk]

On 05/06/2021 at 13:26, webbscatering said:

the hearing date is 17th June, still trying to draw up my witness statement so in my post #55 that's all I can come up with to put into my statement but not much of a legal challenge.

court hearing to decide upon if the judge should grant the N244

do wake up at the back..

[webbscatering]

point taken

[AndyOrch]

There was no hearing...the claimant didn't request one. (see N244 application notice) but if you had received the documents on time from the court you could have objected to the application given it was made 5 months after the stay was imposed.

 

See the instructions at the foot of upload Untitled 28.

 

This is something you must raise in your statement after allocation.

[webbscatering]

Been away for a couple of weeks and came home this letter from the courts Dated 6th July. Looking back on my previous posts it was safe to say I was in a panic because I didn't receive the call from the courts due to some technical problem.

 

The last comment where it says "failed to notify the courts of an alternative phone number" I have attached a copy of an email sent 30hours prior to the hearing with an alternative number to my landline number.

 

Also I have attached a screenshot of my partners phone of me trying to contact the courts on the day because some half hour had passed without hearing from the courts.

 

Can I appeal this?

 

docs3.pdf

[AndyOrch]

Send them an email and attach your proof that  its the courts error and that the judgment should be set a side without need of an application or fee from yourself.

 

Andy

[webbscatering]

thank you Andyorch

[dx100uk]

so...what happened ...you never came back.

[webbscatering]

Hi everyone so far I have had no reply from the courts after sending four emails and posted two letters, I’ve tried phoning but always held up on queue.

Also filled out and sent a financial statement to Shoosmiths about two weeks ago and followed up with a letter, asking if they are in receipt of my paperwork… so far no response.

I was actually coming back to CAG tonight to see who I should complain to regarding the courts.

many thanks

[AndyOrch]

Is there any chance you can visit the court and enquire ?

[webbscatering]

Yes I can try this week providing I get an early finish, I believe they close at 4pm so I'll do my best

[webbscatering]

Finally a reply back from HM Courts & Tribunal Service which is good news I think?

Although I'm a bit confused as to what paragraph the judge is referring when they quote about two clear days!

 

Cheers

 

Webb

HM Courts & Tribunal Service reply to set aside.pdf Notice of Hearing of Application edited.pdf

[AndyOrch]

Not really...they want you to make a further application to set a side the order of 12th May 2021 pursuant to CPR 23.11.2 but that was not an Order but a Notice of Hearing with directions.

 

Do they mean the Order dated 6th July 2021 ? Which grants Summary judgment to the claimant ?

 

CPR 23.11

(1) Where the applicant or any respondent fails to attend the hearing of an application, the court may proceed in his absence.

(2) Where –

(a) the applicant or any respondent fails to attend the hearing of an application; and

(b) the court makes an order at the hearing,

the court may, on application or of its own initiative, re-list the application.

 

Andy

[webbscatering]

To be honest I'm not sure what any of this means, none of it makes sense.

 

General Form of Judgement dated 6th July states I have to pay by the 1st July the full amount plus costs, also there is nothing about contact details being sent two days beforehand.

 

Notice of Hearing of Application, again nothing written about contact details being sent two days beforehand.

 

Shoosmiths sends me a Financial Statement to be completed by the 3rd August, to date I have sent two letters asking for confirmation they have received it.

 

Where do i go from here?

 

thanks

Webb

 

 

 

 

 

[AndyOrch]

Point 5 of the Notice of Hearing of Application refers to Practice Direction 23...23a .6 Re Telephone hearings.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23/pd_part23a#6.2

 

[webbscatering]

Apologies for the late reply but extremely busy at work. Is this what being referred to as point 5

 

6.5 The court may order that an application, or part of an application, to which paragraph 6.2 does not apply be dealt with by a telephone hearing. The court may make such order –

(a) of its own initiative; or

(b) at the request of the parties.

 

What am I missing?

or does this mean I've had my one and only chance and blew it?

 

cheers

Webb

[AndyOrch]

The Notice of Hearing does not specifically refer to a time scale of contact conformation (IE 2 days)...normally on other Notice of Hearings it does. But they have covered themselves by adding point 5 Re Practice Direction 23...23a .6 Re Telephone hearings.

 

Normally a court would state the days required in the directions and not expect a litigant to start looking up the relevant CPR guidance.

I think the court has messed up here and is trying to backtrack to cover its error. It will probably be best to ring the court in question and ask them to explain what is expected from yourself by the letter dated 24th Aug ?

 

I assume they wish you to make a further application to set a side the Notice of Hearing Application.....but that's something I have never heard of or encountered before....perhaps they can explain and state why ?

 

 

 

.

 

 

 

.

[webbscatering]

Perfect and thanks, I will contact the courts next week

[webbscatering]

Quick Update

I spent a couple of days last week trying to talk to the courts but kept getting the same message telling me to phone back later, So sent an email today asking to clarity in the their letter.

[webbscatering]

Afternoon Everyone,

I did email the courts twice regarding clarification regarding the letter received from the Court tribunal and to be honest I'm none the wiser from their response. see attached

 

many thanks

 

Webby

Court Emails want clarification Sep 2021edited.pdf

[AndyOrch]

Looks like you keep sending it to the Magistrate's court rather than the county court ?