**won** Hello, and woe! - Court Claim for 'dangerous' DIY...

[jaguarsuk]

Just because he’s filed what he thinks is a cause of action, doesn’t mean he has actually filed one.

You need a copy ASAP as we can’t advise you if the first time you see it is in the court.

[swiss_toni]

OK I shall send off something tomorrow - but I do wonder if I will recieve it prior to the Wednesday.

(He may very well have stated his new Cause of Action to be something as useful as 'I am related to Elvis and once shook the hand of Eddie Large in Prestatyn' given what we've seen to date. Or splurged out for an hour with a solicitor in desperation. Who knows...).

Is this also an oppotunity to send costs in the same envelope, with a caveat for additional fees e.g. resubmission of defence etc...?

***

Dear Mr. Claimant,

It has come to my attention, through contact with XYZ Court on 16th August 2019, that on 9th August 2019 a Cause of Action was filed in the above Claim as requested by District Judge Shadow in the General Form of Judgement or Order dated 22nd July 2019. The order stated that this document was also to be served upon myself, the Defendant.

At the earliest opportunity, given my absence from 9th August until 16th August, I am writing to inform you that no such document has been recieved at the address given for service, to date.

Given that service of this document is vital to the hearing on 21st August 2019, I will accept email service on the specific address <gmail type address>. This email address is to be used soley for the service of this document.

Please note that nothing in this correspondence is intended to limit any application that may be required to submit a revised defence with the costs being bourne by yourself, the Claimant.

[I also attatch my costs to date?...]

Yours Sincerely,

Mr Defendent

[GBExile]

OK I shall send off something tomorrow - but I do wonder if I will recieve it prior to the Wednesday.

(He may very well have stated his new Cause of Action to be something as useful as 'I am related to Elvis and once shook the hand of Eddie Large in Prestatyn' given what we've seen to date. Or splurged out for an hour with a solicitor in desperation. Who knows...).

Is this also an oppotunity to send costs in the same envelope, with a caveat for additional fees e.g. resubmission of defence etc...?

***

Dear Mr. Claimant,

It has come to my attention, through contact with XYZ Court on 16th August 2019, that on 9th August 2019 a Cause of Action was filed in the above Claim as requested by District Judge Shadow in the General Form of Judgement or Order dated 22nd July 2019. The order stated that this document was also to be served upon myself, the Defendant.

At the earliest opportunity, given my absence from 9th August until 16th August, I am writing to inform you that no such document has been recieved at the address given for service, to date.

Given that service of this document is vital to the hearing on 21st August 2019, I will accept email service on the specific address <gmail type address>. This email address is to be used soley for the service of this document.

Please note that nothing in this correspondence is intended to limit any application that may be required to submit a revised defence with the costs being bourne by yourself, the Claimant.

[I also attatch my costs to date?...]

Yours Sincerely,

Mr Defendent

Excellent (almost). Post recorded 1st class RECORDED or email.

Now you can stand in front of a Judge & you have dealt with not receiving documents rather than he said she said.

I would be a bit more blunt. All you need is 2 or 3 lines & have proof of delivery.

"You haven't sent me &^&*%%, you are required to do so in law (*&*^&&^! & please forward the document immediately" You do not have to be polite or expand on it.

[swiss_toni]

Also with costs which needed to be in 24hrs before the hearing anyway? (With a caveat for future additional fees if this drags on?)

***

Dear Mr. Claimant,

It has come to my attention that on 9th August 2019, a Cause of Action was filed in the above Claim. The related Order stated that this document was also to be served upon myself, the Defendant.

I am writing to inform you that no such document has been recieved at the address given for service, to date. I will accept email service on the specific address <gmail type address>. This email address is to be used soley for the service of this document.

Yours Sincerely

Mr. Defendant

[GBExile]

Also with costs which needed to be in 24hrs before the hearing anyway? (With a caveat for future additional fees if this drags on?)

***

Dear Mr. Claimant,

It has come to my attention that on 9th August 2019, a Cause of Action was filed in the above Claim. The related Order stated that this document was also to be served upon myself, the Defendant.

I am writing to inform you that no such document has been recieved at the address given for service, to date. I will accept email service on the specific address <gmail type address>. This email address is to be used soley for the service of this document.

Yours Sincerely

Mr. Defendant

"Dear applicant I rang the court today & they advised me you are presenting documents to court that you have not disclosed to me. This is against the orders of the court" etc etc fill in your own words blah blah blah. "Please email those documents on (generic email address set up to avoid harassment) or post today by special delivery for me to receive on Tuesday before the court hearing"

Nowt more needed than that. Now send in anyway possible to prove you sent it. Email or 1st class/special delivery sign for. Up to you.

So that one response will make the Judge question the claimant for another few minutes & you have covered your back. Judge cannot claim you did receive the document. Which is a plus to you.

PS: I am useless at spelling recieved too. It is just one of those words.

[swiss_toni]

Yes that's fine - but shall I use the envelope / opportunity to also present my costs to the Claimant?

[GBExile]

Yes that's fine - but shall I use the envelope / opportunity to also present my costs to the Claimant?

No idea.

But when the Judge asks you then now you can say I found out from the court that they never presented documents to me & I did something about it & can prove it with the actions I did. Nothing more important but displaying to the Judge with evidence of your actions.

The judge will provide a judgement & then if you claimed costs before will award if in your favour. If he finds in your favour & if you previously applied for costs then ask him to add it on. No problem.

[2222]

Set up a temporary email account for the claimant to send the documents to. It's unhelpful for you not to have sight of them. If he is abusive, instead, print it out and show it to the judge.

[ostell]

You can get a free AOL account by going to this location

[swiss_toni]

Set up a temporary email account for the claimant to send the documents to. It's unhelpful for you not to have sight of them. If he is abusive, instead, print it out and show it to the judge.

I set up a Gmail account just for this, so have sent both the letter and the costs (with a caveat about ongoing costs if a new defence is required, further delays, extra hearings etc... are required) on Friday by eMail and then also Saturday by 1st Class Recorded, and copied in the court on the Saturday with the requested costs and Service forms for both the email and post to the Claimant.

Not heard back from Claimant by email, have been sending daily test messages from my real account to Gmail account to prove it works just in case that is questioned. I half expect the Claimant in his own little world thinks I am not entitled to see the new CoA, and that ignoring the request will be just fine.

[GBExile]

I set up a Gmail account just for this, so have sent both the letter and the costs (with a caveat about ongoing costs if a new defence is required, further delays, extra hearings etc... are required) on Friday by eMail and then also Saturday by 1st Class Recorded, and copied in the court on the Saturday with the requested costs and Service forms for both the email and post to the Claimant.

Not heard back from Claimant by email, have been sending daily test messages from my real account to Gmail account to prove it works just in case that is questioned. I half expect the Claimant in his own little world thinks I am not entitled to see the new CoA, and that ignoring the request will be just fine.

Excellent. So now you are covered should the applicant want to cause an issue. Judge will see that you have made every effort & another nail in the coffin.

Best of luck on wednesday.

[2222]

Sadly, if the judge thinks that the claimant has an arguable case, he's likely to let it go to trial. I suppose that they are used to litigants with no idea what they are doing.

[swiss_toni]

If it was an otherwise procedurally clueless claimant trying to get redress on a lemon of a car they bought 6 months ago, I see what you mean, I'd have to say that in my case it doesn't feel very likely given the background to this - I am fairly certain that by the end of Wednesday we will have one very disappointed Claimant. Whether we will have one very disappointed Defendant re. costs is the bit I am not going to predict.

[jaguarsuk]

If it was an otherwise procedurally clueless claimant trying to get redress on a lemon of a car they bought 6 months ago, I see what you mean, I'd have to say that in my case it doesn't feel very likely given the background to this - I am fairly certain that by the end of Wednesday we will have one very disappointed Claimant. Whether we will have one very disappointed Defendant re. costs is the bit I am not going to predict.

Obviously if you hear anything before Wednesday post up to let us know and if you'd like advice on court etiquette the same, although being polite, referring to judge as Sir, Ma'am or Judge and not interrupting anyone else until they've finished, then making your counter point are generally all you need.

Failing that, post up here after you hearing to let us know what the outcome is.... and good luck.

[swiss_toni]

I think I'll be fine re. etiquette as I've done this before. Perhaps the only thing I'm concerned about are the correct arguments if I do end up being ambushed by new evidence or a vastly altered plee and the judge doesn't seem as bothered by how that puts me out etc... I take it I will need three copies of virtually everything to date etc... Inc. Letters with a separate folder for WP marked items?