Some kind of hearing

[IvanBarton]

Good afternoon
I have a hearing at county court in two weeks. It's the first one but apparently it's not the actual hearing?

What is this?

I want to request that the case is thrown out as I don't think it's in the public interest to waste public money chasing someone through the courts who has no money to give. Is this heating the place to say this or is there a form to fill in?

Do they throw cases out for that reason?

Any help us much appreciated

Ivan

[Pezza54]

To provide an informative answer you are going to have to provide more info about the claim, your defence and what the court order stated about the hearing

[atticus]

Can you post the notice that you have received? This is likely to give details that will help us give informative answers. Is this your work overpayment case?

The court is unlikely to strike out a case for the reason postulated. Whether to pursue a case is a matter for the claimant, and circumstances can change.

[IvanBarton]

Hi
This is the letter I got

Ivan

[Pezza54]

It is important you attend this 20 minute preliminary hearing to prevent your defence being struck out
The judge having read the PoC, the Defence and DQs may be struggling to understand the points in dispute and may believe mediation and/or negotiation is preferable to a full hearing
You should concentrate on putting your defence forward verbally as concisely as possible. Probably best not to mention your inability to pay the claim at this stage. If you lose the case you will have the chance to provide personal financial details

[atticus]

You ask what the hearing is about. Read paragraph 2 and sub paragraphs a to d!

Note the warning in paragraph 4. Pezza54 is right that your defence may be struck out if you do not attend.

[IvanBarton]

Hi thanks

I have every intention of attending. We had mediation on the phone the claimant was not willing to negotiate.

Can the judge reject my defense in this hearing

Ivan

[Pezza54]

That is possible but the judge would have to consider the defence to be very weak
The judge is more likely to assess the credibility and reliability including any evidence of the claim to determine if it's sufficient to warrant a full hearing
I'm not sure on the point of mediation if a party is unwilling to negotiate. The fact you were willing to negotiate could go in your favour

[IvanBarton]

Thanks for replies

Ivan

[JK2054]

it will be to determine if claimants case strong enough not yours.