Small Claims remote hearing and eBundle

[R0b]

All I can suggest is assume the hearing is going ahead, prepare for it.

If the defendant is a no show then you can explain they emailed in asking to adjourn because they weren't good with computers (poor excuse) and then when you emailed the court objecting to it, the defendant then changed its tune and blamed health reasons. There is authority that if a party wishes to adjourn on medical grounds, there must be evidence to support that, otherwise the court may proceed with the trial in their absence, and you can rely on the High Court case of Levy v Ellis-Carr & Others (link here, see para. 36) where that judge concluded:

... Such evidence should identify the medical attendant and give details of his familiarity with the party's medical condition (detailing all recent consultations), should identify with particularity what the patient's medical condition is and the features of that condition which (in the medical attendant's opinion) prevent participation in the trial process, should provide a reasoned prognosis and should give the court some confidence that what is being expressed is an independent opinion after a proper examination.

As for the bundle of evidence, if the size of the bundle was too big to email, they could have sent it in parts.

Seems to me all of this is a ruse and if you summarise all of these points succinctly, the lateness of the application and the defendant shifting their position as to why the hearing should be adjourned, is not sufficient for the court to adjourn and there has to be a balance struck between justice e.g. this has been ongoing for several years and making use of the court's resources.

Might be best to document these points on a single page, bulleted so you can list the key concerns, then ask the court to proceed in their absence.

[pyrocluster]

I agree about preparing those points.

It is frustrating because they are the ones who gave me health problems with a vexatious counterclaim and now somehow seem not to want the hearing.

This is SCT so hopefully I won't have to refer to case law.

As for the ebundle, I meant what I submitted seems big to them to read. In reality there is no new material.

The only new docs are my WS (12 pages) and some 22 photos. The court directions say at leat 48 hours before hearing submit the ebundle. And there is enough time to read 3 days before trial and even submit arguments if they wanted. They didn't even bother to look at it properly.

All documents are statements of case, emails, an expert report etc which they have been served/filed and sitting on for ages.

I am dealing with a vexatious company who is purporting to specialise in what they do and they can't even write a report of their work.

I hope the judge will take these matters on board and proceed.

[R0b]

Well good luck today, let us know the outcome.

[pyrocluster]

I have won my case!

Details to follow...

[pyrocluster]

The hearing went ahead as allocated, I only received tge email 1 hour before hearing to access Skype.

Myself and witness joined 10 minutes before hearing. We received a message the DJ needed more reading time and approximately 45 minutes in the hearing the DJ joined.

The DJ said he had seen the communications from the Defendant and the points raised. He accepted the email as formal application to adjourn however rejected the reasons and said the hearing is going ahead. They somehow tried to contact the Def, also the email had a phone number to connect to the trial but the Def did not join at all.

The next steps were short, DJ upheld the claim and awarded costs to my end, he also struck out the Counterclaim. I believe he also struck out the defence too but I need to see the order as it is now a bit of a blur.

From my experience with the people running this company I do not believe they will pay. They will try to make it as difficult as possible.

I am not happy the Def did not join as it may give them grounds for appeal/set aside. I presume this dependents on how the DJ issues the judgement order.

What can I expect next?

[pyrocluster]

Although judgement was passed some 6 weeks ago, I now hold the judgement order with the instruction for payment.

The other side has made no contact or payment. The order is post-dated but shows dept was payable earlier in September.

The amount is around 4k, can I instruct HCEO to begin collection process. Any advise would be much appreciated!

[ostell]

I would suggest that you write to them enclosing a copy of the order and request payment within 7 days otherwise you will take action to recover the amount, warning them that this will incur costs for which they will be liable.

[pyrocluster]

I understand that to engage without incurring further costs would be best.

But I am dealing with a company director who demonstrated appalling conduct, abused the slow court process for 2 years and refused to settle.

I fear it may only help kick the can further down but understand that collecting the money will be another rigmarole.

They have definitely received the order so I'd have expected it was in their interests to make contact. Clearly is not, so I wonder if wasting any more time is worth it.

Only concern is if in the meantime they try to set aside which would affect the enforcement process and leave me with costs to the HCEO?

Any HCEO companies recommended?

[ostell]

You write to them in the first instance to show that you are being reasonable. Of course you are all set up so that on day 8 you give the HCEO the go ahead.

[pyrocluster]

I would appreciate some help with the enforcement stage.


I have written to the Defendants providing a week to make payment, as always they follow a tactic of pretend and extend.

The Defendants state they will not make payment by the given deadline. They support they were chasing the Court for the decision and only received judgement letter last week, which would have originally allow 4 weeks "notice" for them to pay or appeal.

They further support they intend to appeal the Judgement (I am not sure on what grounds if they actually understand what they are saying). They then go on to say they will decide and let me know next of their decision.

I am failing to understand how they are entitled to set terms after failing to submit docs, failing attend trial and ignore judgement for 6 weeks ago, with payment date on the Order dated over 2 weeks ago.

Should I instruct HCEO by deadline expiry without further notice? I feel they continue wasting my time as they have done so two years.

[ostell]

Yes, you have warned them.

[ploddertom]

No need for you to tell them. First they will know is when they get a letter from HCEO giving them 7 clear days to pay or make contact. If they fail to engage they will get a visit to which they either pay in full or possibly have goods removed. Don't feel sorry for them, just do it. If for some reason they cannot collect then there is a small abortive fee to pay.

[pyrocluster]

Thank you both!

On a slightly technical question.

The HCEO info shows they will be issuing a N293A to the High Court to obtain a Writ of control. The HCEO deals with this after instruction.

From what I gather part1 of above form is a "certificate of judgement" and will require a "seal" on part2 from the County Court where the judgment was made.

If this process is dealt with by post from the HCEO, it may take a very long time as my local CC handling is really poor. If I wanted to expedite the process, can I obtain the seal in person and send the form to the HCEO to carry on with the High Court part? (court is "Open")

[ploddertom]

Do you have the Order that gives Judgment in your favour? If so then that is all you need, make sure you pick a reputable HCEO, biggest is not always best.

[pyrocluster]

Thanks again. Yes, I have the judgement/order.

I was recommended the Sheriffs Office, I have read various mixed reviews about HCEOs. Not sure who is best with results but they appear above average and had a decent customer service when I rang for information.

The only thing I want to avoid is dealing again with the local court. It's extremely slow, they cannot respond to calls or emails.

page-2 | Writ in the High Court
https://assets.publishing.service.go.../ex322-eng.pdf

"...you must complete part 1, and send it to the court where the judgment was made "