** won ** Moriarty Law v MasterCoder (QuickQuid)

[GBExile]

It might not be as you see it.

On the 13th April you posted that you had received their witness statement.

So as the only extra cost to send it to the court is a first class stamp I would be surprised if they never sent the court a copy

[MasterCoder]

Sent mine signed for so would assume they did the same for the court copy. But I'm not going to encourage them to look for it anymore than they have done already.

I was starting to think that my copy was the last try to bully me into getting them to settle or pay. If they never pay their hearing fees they might fancy saving the cost of the stamp.

[MasterCoder]

So the court fee had to be paid yesterday for the proceedings to continue. I tried to call today to get confirmation they'd paid but been advised that the system is at least 10 days behind so would have to wait to see what happens.

I'm pretty annoyed though because the clerk told me that their WS was eventually filed on the 24th May nearly a whole month after it was due in. The original order said their claim would be struck out if they weren't filed but am now looking at a court date. If I'd failed to supply my WS in time, I'd have a judgement issued against me. Is it normal for courts to be so flexible with claimants?

[MIKE770]

So the court fee had to be paid yesterday for the proceedings to continue. I tried to call today to get confirmation they'd paid but been advised that the system is at least 10 days behind so would have to wait to see what happens.

I'm pretty annoyed though because the clerk told me that their WS was eventually filed on the 24th May nearly a whole month after it was due in. The original order said their claim would be struck out if they weren't filed but am now looking at a court date. If I'd failed to supply my WS in time, I'd have a judgement issued against me. Is it normal for courts to be so flexible with claimants?

you are finding out that the courts tend to side with claimants, but you make a mistake hard luck

[MasterCoder]

It's absolutely disgraceful. It seems to me that the courts are happy to let them get away with blue murder to ignore a claimants disregard for court ordered instructions but crucify a defendant. Whole court system needs shaking up.

[GBExile]

It's absolutely disgraceful. It seems to me that the courts are happy to let them get away with blue murder to ignore a claimants disregard for court ordered instructions but crucify a defendant. Whole court system needs shaking up.

Yes it does but this just goes to show you have to be on top of the game & do exactly as the court says.

Obviously, you should be writing to the court when claimants have not done as the court has ordered.

[MasterCoder]

Beyond a joke this, so there was an order made that Moriarty had to pay the hearing fee by the 17th June. They didn't. I called the court on the 25th to find out what was happening and sure enough the clerk confirmed that it hadn't been paid and this would she would get it in front of a DJ that afternoon. Grand. Except today, I've received another General Form of Judgement giving Moriarty now until the 5th July.

This is really, really boiling my pee now. If it were me that failed to adhere to a court order or to deliver something on time I'd be penalised (and I have been in the past for this), but they seem to be letting these buggers get away with ignoring directions.

Can I complain about this? Am pretty peeved.

[Amethyst]

How frustrating. Sadly there isn't a great deal to do other than raise a complaint with HMCTS about the consistent mishandling of the case. https://www.gov.uk/government/organi...ints-procedure

and if you get to a court hearing, and IF it goes against you and they try to ask for costs, point out the claimant's constant failures to comply with the courts directions ( although other than the hearing fee it does seem to be the court being so far behind that's caused issues)

[MasterCoder]

Hi Amethyst,

It's a very frustrating situation to be in. When I called the court on the 25th June, they told me that they'd actually processed everything up to the 19th June and there was no sign of payment from Moriarty for the hearing fee. The issue for me was that I've been offered some work but have to travel for it and I'd be away the week of the hearing if I accepted. As it stands, I can't accept the job so that's income I've lost and they still might not pay the fee. In fact, even if they do pay the fee, they're ~8 days behind so the hearing date is before the time they'll get to processing it!

Infuriating isn't the word.

[MasterCoder]

OK so update, I've phoned the court and they've emailed to say they'll pay the hearing fee and it'll come out of a PBA account?

Guess I'm going to court on the 11th

Anything I need to do in preparation? Help would be appreciated.

Thanks

MC

[GBExile]

Mastercoder. Yet again you are "guessing". Just leave it be. No doubt now they know you are panicking.

Oh & accepting a job knowing you might have to go to court on the day is not their fault.

Chill out when dealing with things out of your control. You are probably making it worse for yourself because the court & moriarty are communicating too.

[MasterCoder]

I didn't accept the job, it was offered to me. I've obviously declined it but that's work I'm turning down which is the point I was making. If the court followed their own directions and struck out the claim for non-payment I could have potentially still gone is all I'm saying Similarly, I wouldn't be given anywhere near the leeway that Moriarty have been for non-compliance.

I'll go to court still. Can't see how they can argue it. CCA not accurate, no default notice should be two things in my favour immediately.

[GBExile]

I didn't accept the job, it was offered to me. I've obviously declined it but that's work I'm turning down which is the point I was making. If the court followed their own directions and struck out the claim for non-payment I could have potentially still gone is all I'm saying Similarly, I wouldn't be given anywhere near the leeway that Moriarty have been for non-compliance.

I'll go to court still. Can't see how they can argue it. CCA not accurate, no default notice should be two things in my favour immediately.

MasterCoder. Right from the start I have said writing only. Write to court, write to the claimant but just write.

Calling up a clerk at a court is only going to highlight their failures & they are hardly go to go to a judge & say to them "Well we certainly aren't on top of things at the moment" they are going to say "judge we haven't got this bit of paper & had an oversight" to which the judge will say "ok give them another 28 days".

Whereas if you write "dear judge the other party is in violation or your order" the judge will most likely say "ok it is a strike!" because this defendant will appeal the whole process if I find in favour of the Claimant in the future & say I didn't what I am legally supposed to do & I really do not want the aggravation.

Stop with the calls & write letters sent signed for or even special delivery if you are on a deadline.

[MasterCoder]

I can appreciate what you are saying but don't see how it would have made any difference. The court has given them three different tasks/deadlines and failed to do anything they were requested. I did email the court on the first breach and there was no punitive action taken against the claimant then either. There are specific orders stating that the fees were to be filed by a specific date, I simply called the court to find out what was happening because it is quite common on here for people to suggest 'calling' the court to get a reasonably quick answer rather than wait 10 days for the court to catch up with their post. It was actually the clerk who said that she would be putting the matter of failure to pay to the DJ because they've had ample time to pay. The DJ in his wisdom gave them two more weeks and sent them a nice reminder.

In any event, I believe that even if I had a full paper trail, the court would have given them more time to file their fees or, as in another case listed on here, allowed them to appeal and overturn the strike out since they clearly want the costs; I suppose that's why they give the claimants far more leeway than the defendants.

However should I ever be in this position again I shall only be putting this to the court in writing.

[MasterCoder]

I've made a thread here which is a more general discussion regarding Notices of Assignment and how they should be served

https://legalbeagles.info/forums/for...s-that-allowed

I'm not sure if when I go to court on Thursday I can mention anything I've not mentioned in my witness statement? I've already stated that I received no notice but it's in the solicitors WS for Lantern that they clearly state that they emailed the NoA to an old email address. From what I read, that effectively makes the notice invalid since there is a requirement to deliver all notices via post.

Any opinions or advice are gratefully received on the run up to the court date.