Didn't receive paperwork from the court (small claims)

[JK2054]

i said post up the email not the contents.

[CMan007]

I'm not sure what you mean?

[JK2054]

i mean a screenshot of the email so i can see if its automated or not and what steps you should take next

[CMan007]

Apologies, I've just come back from a brief trip. I'll try to get back to you tomorrow

[CMan007]

I've attached the email. I've censored out the court and my name and the persons name. I'm probably a bit paranoid.

I'm on my phone so not sure If it's legible on computer.

[JK2054]

wow im actually surpried by that. must be an ancient court. anyhow get the docs printed and posted

[CMan007]

Small update - I sent the court copies of the application and witness statement. After several weeks I got a phone call to collect payment and somewhat surprisingly (based on my previous conversation with the court staff) I was asked to pay £119 instead of £303.

Still waiting to hear back from the court (I paid almost a month ago).

[JK2054]

£119 is the correct fee. staff just aren't trained very well.

You will likely be waiting 1-3 months to hear back depending on how backlogged the court is, and how long it takes them to process orders, as well as how busy the judiciary at your lcoal court is.

[CMan007]

I would like to go on holiday for a while (possibly a couple of months), I can ask someone to keep an eye on my post.

When I hear back from the court I assume it is going to be a letter containing the courts decision? Assuming my application gets granted will I be expected to pay the hearing fee by a certain date? I am just trying to work out the feasibility of going abroad and not having to rush back and being able to manage parts of my case from abroad.

[JK2054]

not sure what your asking sorry, you seem to be telling us you want to go on holiday, and i say go for it?

[pc52straw]

I wouldn't risk a holiday tbh. Sod's law: you get a letter giving you a short time window to pay a court fee or send something else.

If it only accepts payment over the counter or by postal order, not by any recognised 21st century method, you'll risk missing a deadline. More costs, more delays.

How important is that holiday?

[JK2054]

you can pay all court fees in relations to hearing by phone and creedit/debit card.

[CMan007]

I thought I would post an update.

I went away for a long holiday, shortly after my last post here.

I got a letter whilst away informing me of a hearing to reinstate the case. The hearing date was set a month after receiving the letter so it gave me enough time to get back to the UK.

I attended the hearing and the judge agreed to reinstate the case and amend the claim amount on the basis of me paying final hearing fee within 14 days. Which I did. This was back in January of this year.

The final hearing will be held this August.

I checked the company in which the individual who owes me money claims I worked for. He has resigned as director. His brother is now the director of that company.

[CMan007]

I was wondering if anyone could advise me on a couple of things.

We had a preliminary hearing last January and the judge ordered the defendant to submit an updated defence but the defendant did not submit a copy to me. I dont know on what basis he is defending the claim? Is there anything I can do about this? Can I ask the court if he submitted the amended defence? I assume he has as the case is proceeding. The court wouldn't submit a copy to me, would they?

Is there a way for me to submit legal arguments and things like case law that I would like the judge to consider that I believe back up my case? This is of course in addition and separate from the witness statement.

[Pezza54]

Do you mean the preliminary hearing in January 2024 which took place over 16 months ago?

Was the claim form amended to include the company name as well as amending your particulars of claim to change the claim amount?

If the claim is going ahead this August you should have received a copy of the amended defence. Did the court order state the defendant should file and serve the amended defence document?

You should phone the court to let them know you have not received the amended defence and can they kindly send you a copy

You should not include or attach relevant case law to your witness statement.
You could print out a few copies of the brief details of the legal cases and be prepared to discuss them when you present your claim at the hearing