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TM Legal Services Limited Claim - Need Your Recommendation

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  • #76
    Originally posted by Cynicalism View Post


    I can't find the letter now and honestly given the current rise of infections in the Greater Manchester area
    I'm inclined to ask for the date to be vacated for a further 4 weeks.

    If not, nothing has changed except the case was struck out in december

    Could I include that in my witness statement ?
    Hi there

    Its always a dangerous thing to do, asking the Court to vacate a trial because you never have any guarantee that the request especially if made verbally, will be directed to a judge or that it will be approved.

    That is because the Court staff have discretion on what gets referred up to the judge, and most courts rules are that only applications with the correct fee get processed.

    The problem is you wont know if it has gone up to the judge or not potentially until it is too late.

    One option is to make an application to vacate on an N244, the other option is to speak tot he other side about vacating the trial by consent, if the parties agree a consent order, then the Court may and i stress MAY agree to vacate the trial. The Courts are sympathetic to covid issues.

    One think you must do without fail, is make sure you comply with all court orders in the interim, any orders to file statements must be complied with unless the court orders otherwise

    I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Ptilley@wannops.com .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #77
      Originally posted by pt2537 View Post

      Hi there

      Its always a dangerous thing to do, asking the Court to vacate a trial because you never have any guarantee that the request especially if made verbally, will be directed to a judge or that it will be approved.

      That is because the Court staff have discretion on what gets referred up to the judge, and most courts rules are that only applications with the correct fee get processed.

      The problem is you wont know if it has gone up to the judge or not potentially until it is too late.

      One option is to make an application to vacate on an N244, the other option is to speak tot he other side about vacating the trial by consent, if the parties agree a consent order, then the Court may and i stress MAY agree to vacate the trial. The Courts are sympathetic to covid issues.

      One think you must do without fail, is make sure you comply with all court orders in the interim, any orders to file statements must be complied with unless the court orders otherwise


      Well I've sort of fumbled this case by now and it's not as if I have much in the way of options.

      No witness statement written yet and no new documents as of yet and i'm 15 days away from trial
      that I cannot attend due to shielding a vulnerable infant. .


      Would making an offer based on this even make sense ? Or would that give them
      the upperhand to use this to enter into judgement ?

      Comment

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