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What happens when the Defendant fails to send documents upon which they intend to rely at the hearing?

 

In this case the date for doing so has come and gone. I have sent them (and to the court) my bundle but they have not.

 

I have requested the court throw out the defence and make judgement by default in my favour, but have just received an email stating my request for judgement will be placed in my file for the judge to see at the hearing.

 

Seems daft to me, that I might now have to spend time working on my presentation if the judge does not get to see my request for judgment without a hearing.

 

I would expect the case to be judged against the defendant and they could then appeal if they disagreed.

 

Its WAR

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I'm afraid that although strictly speaking their defence should be struck out and judgement awarded to you, in practice we see that there is a lot of latitude with these people and judges prefer to admit documents even at the last moment – at the time of the hearing.

It's profoundly unfair.

If this does happen then the only thing I can suggest would be there in the event that you win, that you point out their unreasonable litigation behaviour to the judge and that you asked the judge to exercise exceptional discretion to award you litigant in person costs.

In order to be prepared for this, you would be advised to stop keeping a close note of all the time you have spent on this – right from the beginning – including preparation – and list it all out in a spreadsheet.

Don't go for a money grab. You must keep it very realistic and completely supported by evidence or at least don't make any claim that a judge might consider it would be unreasonable.

It's unlikely that your claim for costs would succeed – but there is nothing to lose by putting it in – as long as you win, of course.

Is this a new problem or is this something that we've already been helping you with?

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This is a new issue,  of an international track and signed item being lost in the post and RM not paying the compensation because (as a business) I can only claim for the price I paid for the lost item and should give evidence of my purchase price, rather than my selling price. The item was for two spare Rolex watch links that were removed  from a watch. So I have no cost price as they were not actually purchased. So I claimed the £50 compensation (I sold them for £28 each). RM claim they sent me a cheque refunding the postage only (I have asked them to prove it).  Eitherway,  I sued for the £50 plus postage, plus 4 other Special Delivery items which were delivered late and they refused to refund the postage because I did not claim within 14 days of posting (but that is what it says in their conditions for making a claim, as if anyone knows that). So, I reckon I should win the main claim and might  lose on the 4 late ones. So with costs the claim is  about £120 and the telephone hearing is in 3 weeks. 

Its WAR

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  • 3 weeks later...

Documents arrived today. Hearing in 5 days. Their docs comprise of their defense, their T&Cs and some case law. About 80 pages. It will take 5 days to read and understand them. Interestingly though, last week they sent me a cheque to cover the postage of the lost item but said they could not offer any compensation for the lost items as I hadn't shown how much they cost me. The thing is, in their defense they stated that had sent me the postage and I asked them to prove it. They have failed to prove it, but simply paid it just now. I will argue that the item carried (up to) £50 compensation for International Track and Signed post and they have failed to make a payment. They will argue I haven't proven a trade price only my retail price and I should not be allowed to profit from the claim. They will argue there is not contract and even if they were the can't be sued. I will let the judge make up his mind on how much of the £50 compensation I should be due when the items only had value but no actual trade price. I have no real argument for the other special delivery UK items for failing to claim compensation within 14 days of sending. Ignorance of such a term is probably no defense unless the term is hidden away in small print in the bundle of T&Cs. I will argue the term is unfair anyway. Who even bothers to check to see if a special delivery parcel gets delivered the next day ? I reckon most people  never check unless the recipient says the parcel hasn't arrived.

 

Its WAR

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