Done it again - another faulty vehicle !

[Amethyst]

Might be worth asking court for a copy of his DQ as he failed to send it to you. See what he's said which has enabled the claim to be allocated to his local court.

[fandabby]

That confused me too, on my DQ which I served court and him I stated my local court due to child care constraints.

Once he refused mediation the mediation team said they will transfer to court for a procedural judge to allocate. On the order is stated judge reviewed statement of case and directions questionnaires filed and order the following...
I never received DQ from defence so have no idea what he put and reason for chosen court.

[fandabby]

Might be worth asking court for a copy of his DQ as he failed to send it to you. See what he's said which has enabled the claim to be allocated to his local court.

Can I email them and request this or does it have to be in writing ? Thanks

[des8]

I would ask the court why the case has been allocated to the defendant's local court as he is a trader and you are the consumer.
This is contrary to normal practice, and of course you have childcare problems.

I did this once for a friend who was taking a trader to court, and the venue was changed without paying a fee so might be worth a punt.

[Amethyst]

Just give them a call.

[ostell]

It could have been transferred to the distant court as normally it is the claimant that is a business and the defendant is a consumer. Whoever handled must have been on autopilot and just transferred it to the defendants court. But that is being kind. Looks like MCOL have messed it up and should correct without charge.

[des8]

Allocation is normally to defendant's home court on the basis that the individual did not choose to be sued and therefore should not have to incur large travel costs in attending court.
But if the defendant it is a company then the court takes into account other matters such as the value of the claim, the financial circumstances of the parties,witnesses' disability.etc and often allocates to claimant's home court if the claimant is an individual
Also in this case the defendant is a sole trader, and could be considered an individual

[Amethyst]

Ahh I didn't realise he was a sole trader not a ltd co trader ( hadn't read whole thread, my bad )

[fandabby]

So I have a response from the court with regard to my request for transfer to my local court due to child care problems and this is the response I have received:

They referred my letter to Deputy District Judge and comments are:

The reason the case is in <defendant's court> is because the Defendant is an individual (not a Limited Company) and as such the rules provide for the hearing to be at the Defendant's home court. It is open to the Claimant to apply for transfer but any such application would have to be on notice to the Defendant and he would be entitled to object in which case there may need to be a hearing to determine that issue or the Court would decide on the papers.



Looks like I'm stuck with a 5am on the road to get there on time and need to organise kids. NIghtmare.


If I go through an official request for transfer how would I do that and this on notice to defendant does that mean it's down to him. He's going to object so should I just make do now. ?


Thanks

[des8]

If you apply for transfer and he objects and then there is a hearing, where do you think that hearing will be????

May as well make that 5am start and enjoy the open road!

[fandabby]

Yes Des, I suspect he'll object and the hearing to find out why he objects is going to be his court so 5 am start it is.

Back onto the paperwork as the court order is £335 and all paperwork - ie witness statement etc, to be submitted to court and WS etc to other party by 17 May (4 weeks before the hearing).
So if I get my dates right do I have to post say Special Delivery for signing by 1pm on 15 May so should be signed for 16th (being day early). Is that how I play this ?

Thanks

[des8]

If you want to pay for special delivery those dates are ok

[fandabby]

Not really more wasted money and I guess since I have to serve 4 weeks before hearing does it matter.

Should I just send normal post or signed for and which date if I do that ?
Would it be couple days earlier again so around 13th? That gives 4 days til the 4pm 17th deadline.

[des8]

I would send first class, with free certificate of posting
Deemed date of service is the second day after it was posted.
So post on 14th , deemed delivered 16th