Lost items? Default jusdgement for not replying! I'd replied-contested jurisdiction

[JK2054]

CLCC = central london county court

[FRANCIS71]

Thanks! UPDATE:

on 05.11.2024 I submitted my objection to that interim charge order and requested a district judge to reconsider on the grounds that I mentioned in my previous post.

To see my first application's file and make a copy to send to the other party for the hearing, I went to the public counter and was told I must request formally, which I did, requesting file view...was told that actually the county court does not have the files or papers and they would contact when they find them.


The mental and emotional pressure for fighting both against the data management mess in my case, delays in processing documents and miscommunications between different departments while also defending my case in which I am in the right side of the law, and the other party trying to put lots of technical procedural pressures on me to be honest became too much... I am exhausted and this is what the other party counts on.... so from now on my solicitor will handle this case. will keep you updated with this strange case later.

Many thanks for all your legal insight and practical advice that made a difference!

[JK2054]

ok if your paying for a solicitor you dont need this forum.
you also dont need a solicotor but oh well, go pay them £500/hr, might even end up getting my advice through their name instead of for free on here!

[pc52straw]

To the VIPs here... Isn't this the kind of user experience that could be fed into HMCTS feedback channels?

Reform of CPR and PD, and targeted improvement, is dependent on a business case citing real world examples of what's broken.

With a solicitor now involved, the OP can at least step back as things get resolved via email/application ping pong, trusting the professionals to play the game, etc. But of course there is a cost and time risk if it drags on.

As an unrepresented litigant, there's far too much uncertainty in unusual situations like this to deal with the problem at hand without representation. In my view, that is a system failure, and fixing the system failure is a totally separate issue to resolving the claim.

I've every sympathy for the OP here.

[JK2054]

Anyone can give hmcts "feedback" but it will not change anything. Its unfortunate for OP's situation, but the reality is, the only reason its not stress for a solicotor/legal rep is

1) We know the systerm, so we know it will be ok
2) We don't care about the outcome. If you're representting yourself, its your own money/credit on the line. If a legal rep is doing it for you, its not their money/credit on the line its yours.

Sure we'll do our best for you, but if we lose we dont really care. We still get paid. We still go home. It makes no diff to our life.

[atticus]

I doubt that a solicitor charging city firm rates will subcontract advice out to self-styled "legal rep" JK2054.

[Pezza54]

Anyone can give hmcts "feedback" but it will not change anything. Its unfortunate for OP's situation, but the reality is, the only reason its not stress for a solicotor/legal rep is

1) We know the systerm, so we know it will be ok
2) We don't care about the outcome. If you're representting yourself, its your own money/credit on the line. If a legal rep is doing it for you, its not their money/credit on the line its yours.

Sure we'll do our best for you, but if we lose we dont really care. We still get paid. We still go home. It makes no diff to our life.

I doubt a lawyer would take that attitude on a no-win-no-fee agreement

The firm wouldn't be around for long if it did

[atticus]

Sure we'll do our best for you, but if we lose we dont really care. We still get paid. We still go home. It makes no diff to our life.

I am sorry to read that you take this approach. A good lawyer reflects on both successes and failures.

To FRANCIS71 : I am sorry to read of your troubles. Unfortunately the civil justice system is underfunded and therefore poorly staffed, so this kind of problem is common. I do hope that your solicitor can help you achieve a just outcome.

[FRANCIS71]

Thanks everyone!

I nderstand JK25, and yes if it is just working with CPRs, researching and following timelines, it makes sense to do everything yourself.... on Saturday I finally got the news that CNBC processed my application to set aside the default judgmnent, two days after opposing that interim charge order...so the CNBC really read my opposition to that interim charge order... and the details of the case management mess in clcc....this bit of good news even impressed my solicitor...( many thank to this amazing forum!)...

BUT

It drained all my energy that should have been used to continue with the big fight...why should someone fight against the court's disfunctional process as well as the case? The justice system needs a proper update...if they are so much time-sentitive they themselves should first act in a timely manner, otherwise they penalise one of the parties in a dispute...justice delayed may not lead to justice at all.... this is a major major issue...

AND

It swallows all one's time.. at least it did for me.. to do that research and learning the law and procesd by doing it while having a stake in the outcome is so heavy.... but yes, if it is for small claims I agree that the best thing might be litigant in person.


AND

Sometimes emotions might get better off you.... and better to have someone just to keep your sanity...my case is very emotionally engaging...the other party was the first person/friend I trusted and my go-to-solicitor when first I came to this country, so it is very much personal... and you can imagine how I feel about solicitors generally now...but at the same time when it becomes a torture even seeing an email or a letter from that other party, or when you need to write and defend yourself, then it is good to have someone helping to deal with the case...it is about protecting yourself from more damages more important than money ... and what about the trust? It took me so long to ask around and get recommendation...hopefully it will work out... fingers crossed!

AND

I really like to think that solicitors are like ither professionals in other fileds...there are good apples and vad apples...the difficulty is to know how to find the good one and how to identify the bad one...

[FRANCIS71]

So as I understand from posts, there is now a major task of making sure the solicitor is doing his best?

[JK2054]

I doubt a lawyer would take that attitude on a no-win-no-fee agreement

The firm wouldn't be around for long if it did

i meant in relation to OP's case, whcih won't be no win no fee

[JK2054]

I doubt that a solicitor charging city firm rates will subcontract advice out to self-styled "legal rep" JK2054.

I guarantee you OP's case will be being worked by a paralegal, and also won't be city firm rates. OP isn't doing commerical banking here.

[JK2054]

Thanks everyone!

I nderstand JK25, and yes if it is just working with CPRs, researching and following timelines, it makes sense to do everything yourself.... on Saturday I finally got the news that CNBC processed my application to set aside the default judgmnent, two days after opposing that interim charge order...so the CNBC really read my opposition to that interim charge order... and the details of the case management mess in clcc....this bit of good news even impressed my solicitor...( many thank to this amazing forum!)...

BUT

It drained all my energy that should have been used to continue with the big fight...why should someone fight against the court's disfunctional process as well as the case? The justice system needs a proper update...if they are so much time-sentitive they themselves should first act in a timely manner, otherwise they penalise one of the parties in a dispute...justice delayed may not lead to justice at all.... this is a major major issue...

AND

It swallows all one's time.. at least it did for me.. to do that research and learning the law and procesd by doing it while having a stake in the outcome is so heavy.... but yes, if it is for small claims I agree that the best thing might be litigant in person.


AND

Sometimes emotions might get better off you.... and better to have someone just to keep your sanity...my case is very emotionally engaging...the other party was the first person/friend I trusted and my go-to-solicitor when first I came to this country, so it is very much personal... and you can imagine how I feel about solicitors generally now...but at the same time when it becomes a torture even seeing an email or a letter from that other party, or when you need to write and defend yourself, then it is good to have someone helping to deal with the case...it is about protecting yourself from more damages more important than money ... and what about the trust? It took me so long to ask around and get recommendation...hopefully it will work out... fingers crossed!

AND

I really like to think that solicitors are like ither professionals in other fileds...there are good apples and vad apples...the difficulty is to know how to find the good one and how to identify the bad one...

Not really to do with qualtiy of solicitor for your case. Because the issue is court processes/systems nothing to do with legal arguments, so you will be absolutely fine

[JK2054]

So as I understand from posts, there is now a major task of making sure the solicitor is doing his best?

Your firm of solicitors will be fine, there's nothing to worry about now its in their hands, they'll sort everything out.

[FRANCIS71]

Many thanks!