Tweet
Hi all,
I have a telephone hearing on Tuesday and it would be nice to get some advice. I will give a brief background into the logistics of the claim, I won’t list the whole nature of the incident as it would be a few pages long!
Background:
1. A large tree limb from the council park fell on my vehicle as I was in transit. This caused damaged totalling around £3,500. The tree limb in question arose from a tree with branches that directly overhangs the public highway and was argued to be poorly maintained. I shan’t
2. I raised communications with the council via email, who sent me a public liability form. I completed this form and returned to the council, who sent this on to their insurers.
3. The insurers admitted they are liable for the tree, however denied liability for the incident.
4. I raised an official complaint with the council, questioning the decision the insurer’s raised.
5. This was closed by the council who upheld the insurer’s decision.
Claim Chronology:
6. I sent a Letter Before Action on the 16th of December via Recorded Delivery. I made serve it was served at the main council office and checked it was still operational. The website confirmed this office was indeed still operational and serviceable to the public. I gave them 14 days from point of receipt to resolve.
7. I issued a MCOL claim 5th of January after no acknowledgment or response at all. The claim was issued 6th of January.
8. The council did not acknowledge service of the claim within the 14 days time period required, including the 5 days given as ‘service’ time allowance. I therefore filed for a default judgment. Prior to this I checked and took a screenshot that confirmed the council office the claim was served to was still open and operational, including for visits by the public. Default judgement was granted 27th January.
9. On the 5th of February, I received via email a Notice of Acting from their solicitors. On the 16th of February they served me via email with an application they filed - a N244 to set aside judgement.
10. The claim was transferred to Liverpool civil court. Telephone hearing set for Tuesday 13th April.
11. I sent a witness statement totalling 30 pages including exhibits and served accordingly.
My question really revolves around what will happen during the 30 telephone hearing, I have provided my telephone number to the Defendant’s solicitors as per the court order, as it was for them to set up and arrange the telephone hearing. What happens - will they just call me at time of hearing?
I can send the Witness Statement if required if anyone would want to help me with what I should do or say during the hearing!
Thank you in advance, I am anxious so would be great to have some help.
I have a telephone hearing on Tuesday and it would be nice to get some advice. I will give a brief background into the logistics of the claim, I won’t list the whole nature of the incident as it would be a few pages long!
Background:
1. A large tree limb from the council park fell on my vehicle as I was in transit. This caused damaged totalling around £3,500. The tree limb in question arose from a tree with branches that directly overhangs the public highway and was argued to be poorly maintained. I shan’t
2. I raised communications with the council via email, who sent me a public liability form. I completed this form and returned to the council, who sent this on to their insurers.
3. The insurers admitted they are liable for the tree, however denied liability for the incident.
4. I raised an official complaint with the council, questioning the decision the insurer’s raised.
5. This was closed by the council who upheld the insurer’s decision.
Claim Chronology:
6. I sent a Letter Before Action on the 16th of December via Recorded Delivery. I made serve it was served at the main council office and checked it was still operational. The website confirmed this office was indeed still operational and serviceable to the public. I gave them 14 days from point of receipt to resolve.
7. I issued a MCOL claim 5th of January after no acknowledgment or response at all. The claim was issued 6th of January.
8. The council did not acknowledge service of the claim within the 14 days time period required, including the 5 days given as ‘service’ time allowance. I therefore filed for a default judgment. Prior to this I checked and took a screenshot that confirmed the council office the claim was served to was still open and operational, including for visits by the public. Default judgement was granted 27th January.
9. On the 5th of February, I received via email a Notice of Acting from their solicitors. On the 16th of February they served me via email with an application they filed - a N244 to set aside judgement.
10. The claim was transferred to Liverpool civil court. Telephone hearing set for Tuesday 13th April.
11. I sent a witness statement totalling 30 pages including exhibits and served accordingly.
My question really revolves around what will happen during the 30 telephone hearing, I have provided my telephone number to the Defendant’s solicitors as per the court order, as it was for them to set up and arrange the telephone hearing. What happens - will they just call me at time of hearing?
I can send the Witness Statement if required if anyone would want to help me with what I should do or say during the hearing!
Thank you in advance, I am anxious so would be great to have some help.
Comment