* discontinued * Small claim court papers receive for a limited company

[benken28]

Hi

The case was transfered to my local court 5 weeks ago and I haven't heard anything at all.
how long does it take to hear something back?

thank you in advance

[ostell]

Why not phone up the court and ask

[benken28]

Thank you all for your advice over the last few months.

I now have a date which will go ahead provided he pays the fee on time.

I have to submit my evidence to the claimant and court which I have already gathered and consist of cis vouchers and bank statements.

the directions say the matter should still try to be resolved. We opted for mediation and he didn't, we also had no warning of the action started such as an invoice, final demand or notice before action, he just sent a few random border line threatening text messages to me . Do I write a statement including all of this to submit to the court as well as the evidence and also write a letter to the claimant explaining the situation again?

thank you in advance

[GBExile]

Thank you all for your advice over the last few months.

I now have a date which will go ahead provided he pays the fee on time.

I have to submit my evidence to the claimant and court which I have already gathered and consist of cis vouchers and bank statements.

the directions say the matter should still try to be resolved. We opted for mediation and he didn't, we also had no warning of the action started such as an invoice, final demand or notice before action, he just sent a few random border line threatening text messages to me . Do I write a statement including all of this to submit to the court as well as the evidence and also write a letter to the claimant explaining the situation again?

thank you in advance

If you have done your witness statement & exchanged documents within the deadlines set by the court then I do not think there is much more you can do.

Try to limit the explanation about him not supplying documents etc Be straight but short.. After all, the police told him not to harass/bother you anymore else he would be arrested/investigated.

If the court & him have been supplied with the CIS & Bank Statements I can not see a way out for him unless he has evidence from you or your business partner that he hasn't disclosed. Best of luck.

[benken28]

Thank you for your reply.

When he got heavy I called the police but they didn't contact him as I didn't follow it up as I thought that would be enough. Would I get to see his evidence before the case as he gets to see mine?

thanks again

[GBExile]

Thank you for your reply.

When he got heavy I called the police but they didn't contact him as I didn't follow it up as I thought that would be enough. Would I get to see his evidence before the case as he gets to see mine?

thanks again

Benken. The court will tell you what to do. You are supposed to swap statements & evidence prior to the court date. Have you not had directions yet about disclosing evidence & witness statements? It comes when they allocate a court & hearing time etc?

[benken28]

Hi all,

I now have the hearing date set for 3 weeks time.
the deadline to swap documents was 2 weeks ago and all I had from the claimant was the invoices and a couple of screenshots of text messages.
There wasn't a witness statement included which should have been as per the directions.
I have carried out some research online and found a thread that says in this situation I should send the claimant a letter and also a copy to the court saying that i expect the statement to be served in X number of days and I expect him to apply to the court to extend the service period and whilst costs are generally not payable anyone acting unreasonably may be subject to an order for costs.
would this be advisable in your opinions?

thank you in advance

[benken28]

CASE DISCONTINUED

I thought I would update everyone that has been involved in this thread.
The hearing should have been today. I called the court call centre last week and the hearing fee should have been paid at the end of March, they informed me it wasnt and they have recieved a letter mid April from the claimant stating he wants to discontinue the case and the case is now discontinued.

Thank you to everyone who has advised me over the last five months it has been stressful and an unfortuante situation for all involved.

Thanks again and all the best

[ostell]

I think you can now put your costs in.

[benken28]

Hi Ostell, I think I will leave it. It has been going on for a long time and I just want to move on with my life now! Thanks for your advice though

[GBExile]

Well done Benken. Its hard work mentally isnt it especially as its so personal? lol But, it is over now.

[jaguarsuk]

Well done

Personally I would have counterclaimed for the £1,200 paid as Monies Had and Received while labouring under a mistake of fact.

I do get wanting to just move on though.

[Amethyst]

CASE DISCONTINUED

I thought I would update everyone that has been involved in this thread.
The hearing should have been today. I called the court call centre last week and the hearing fee should have been paid at the end of March, they informed me it wasnt and they have recieved a letter mid April from the claimant stating he wants to discontinue the case and the case is now discontinued.

Thank you to everyone who has advised me over the last five months it has been stressful and an unfortuante situation for all involved.

Thanks again and all the best

That is good news ! Well done.

[benken28]

JAGUARSUK just out of interest what is that exactly?

thanks

[MIKE770]

case discontinued that they were bringing, (not going ahead) well done!