Please help! County court letter received.

[scoey1001]

Got me worried now. I read it as the claimant had to pay the hearing fee and provide documents by tomorrrow, no mention of us having to do anything (from my recollection). I can read the letter again at lunch time today so will check. Is it usually the case for both sides to provide then?

[Amethyst]

It is, but normally the hearing fee comes first, then 14 days before the hearing witness statement are exchanged - it sounds like you may have a specific order from the judge though which gives order to provide specific documents or be struck out - in which case it may be in addition to later witness statements if complied with. But double check the notice from the court - directions for witness statements are normally on the second page of the hearing notification letter. If you're not sure do a pic of the letters ( blank personal details ) and post up here

[scoey1001]

Hi again,

Some excerpts from the letter;

' Unless the claimant does by 4.00pm on the 24 April 2018 pay to the court the trial fee of £70 or file a properly completed application (i.e one which provides all the required information in the manner requested) for help with fees, then then claim will be struck out with effect from 24 April 2018 without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred.

'Having considered the papers in your case, the court believes that your case is suitable for mediation etc. etc.'

'each party must deliver to the other party and the court office copies of all documents on which that party intends to rely on at the hearing no later than fourteen days before the hearing'

Btw the hearing is scheduled for 22nd May.

Thanks

Edit: so looks like i got it wrong about them requesting documents from Lowell, It's just the fee they are requesting?

[jaguarsuk]

Hi again,

Some excerpts from the letter;

' Unless the claimant does by 4.00pm on the 24 April 2018 pay to the court the trial fee of £70 or file a properly completed application (i.e one which provides all the required information in the manner requested) for help with fees, then then claim will be struck out with effect from 24 April 2018 without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred.

'Having considered the papers in your case, the court believes that your case is suitable for mediation etc. etc.'

'each party must deliver to the other party and the court office copies of all documents on which that party intends to rely on at the hearing no later than fourteen days before the hearing'

Btw the hearing is scheduled for 22nd May.

Thanks

Edit: so looks like i got it wrong about them requesting documents from Lowell, It's just the fee they are requesting?

This is the standard order for the hearing, so I would get to writing a draft witness statement if you haven't already and that needs to be filed with the court as well as copy sent to them no later than 4pm on 8th May 2018.

[Amethyst]

Glad you checked So now is a good time to review your case, see where you are and start putting your witness statement together. A timeline and list of documents is a good place to start xx

[scoey1001]

Thanks. However i was thinking to wait until tomorrow to see if they do indeed pay the fee, would this show up on the money claim website quickly?

Also i think if they do pay the fee that means they have the documents needed for a successful case? so at which point i think she would want to arrange a payment plan via mediation (as previously mentioned she is intent on not attending a hearing).

[Amethyst]

If tmw is the deadline for them to pay the fee give the court a call on Wednesday - mcol doesn't really update after a case has been allocated to local courts.

If if they do pay the fee it may simply mean they hope that their paying the fee will make you think they must have all the documents so give up I would at least wait till you have exchanged witness statements before making any further decisions as to negotiation. It isn't a massive amount for them and probably 70% of defendants would cave at that point, so a decent gamble. Don't read too much into it.

[scoey1001]

If tmw is the deadline for them to pay the fee give the court a call on Wednesday - mcol doesn't really update after a case has been allocated to local courts.

If if they do pay the fee it may simply mean they hope that their paying the fee will make you think they must have all the documents so give up I would at least wait till you have exchanged witness statements before making any further decisions as to negotiation. It isn't a massive amount for them and probably 70% of defendants would cave at that point, so a decent gamble. Don't read too much into it.

Ok will bear this in mind. If it ever did get to court could we be liable for paying travel costs etc.? My thinking on this is is Lowell are based in Leeds and the court is 300 miles away, it wouldn't be worth their while sending someone all that way for a relatively small debt.

[jaguarsuk]

Ok will bear this in mind. If it ever did get to court could we be liable for paying travel costs etc.? My thinking on this is is Lowell are based in Leeds and the court is 300 miles away, it wouldn't be worth their while sending someone all that way for a relatively small debt.

Costs are limited in the Small Claim Track as long as you don't conduct the claim in an unreasonable way and you haven't thus far.

It is unlikely they would travel 300 miles, they'd either send someone more local on their behalf or they have the option of sending a letter to the court asking the case be heard on their written facts 7 days prior to the hearing.

The costs against you if you were to lose are likely to be the court fees and interest if they have claimed it.

[scoey1001]

Hi all, bit of a problem in that the court will not answer the phone. Tried all sorts of numbers etc. for the last few days and none seem to work. Is there any other way to find out? (money claim online not showing any updates). Or do i now need to file a defence?

[jaguarsuk]

Hi all, bit of a problem in that the court will not answer the phone. Tried all sorts of numbers etc. for the last few days and none seem to work. Is there any other way to find out? (money claim online not showing any updates). Or do i now need to file a defence?

If you don't hear anything or get through to find anything out then absolutely file a Witness Statement to protect your position by the date ordered (usually 14 days before the hearing).

Always assume things are progressing until you are advised to the contrary.

[scoey1001]

If you don't hear anything or get through to find anything out then absolutely file a Witness Statement to protect your position by the date ordered (usually 14 days before the hearing).

Always assume things are progressing until you are advised to the contrary.

Thanks for getting back to me. Please could you advise how i do this, is there a simple template etc?

edit: i have seen the template however not sure how i tailor it to my case?

[jaguarsuk]

Thanks for getting back to me. Please could you advise how i do this, is there a simple template etc?

edit: i have seen the template however not sure how i tailor it to my case?

There's a guide of Witness Statements which I believe has a template.

[Amethyst]

Is this a better place to start?

I ***************, being the Defendant in this case will state as follows;

I make this Witness Statement in support of my defence in the claim.

1. On or around the **** May 2014, I received a claims form from the County Court Business Centre, Northampton, for the amount of £*******.

2. There were no details about when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued.

3. The particulars of claim fail to state when the agreement was entered into.

4. The particulars of claim state that this claim is for “an agreement between the original creditor and the defendant to provide financial and/or services and/or goods”. I have no idea what this is.

5. On **** May 2014 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A]. .

6. On **** May 2014 the Claimants solicitors replied [EXHIBIT D] to my written request without the requested documents.

7. I have not received any of the documents mentioned in the claimants claim form.

etc
etc

I'll amend to suit your case a bit if you prefer but can only go off what's on the thread.

[scoey1001]

Thanks both of you, Amethyst that would be a great help if you could.