County court papers received out of blue from lowell

[ohitsonlyme]

Re: County court papers received out of blue from lowell

This instance of late evidence is similar to a case against me and sherface at the high Court in London
I wasn't prepared for the evidence it was given to me 30 minutes before going in!

I argued my defence and then realised that I should have asked an adjournment

I should have asked for the evidence to be dismissed.

I won costs for wasted time and got a new trial that I went on to win

My suggestion is that you politely stop them giving evidence by saying "excuse me madam I ask your permission to speak now because I only received the claimants Witness statement yesterday
Go on to explain that the order was that packs should presented by..... Date and go on to ask for a strike out

Have your costs prepared at Lip rates of £18 hour and add everything: time involved, car parking
If you haven't prepared a cost sheet bluff it the judge will be on your side

Onlyme

[mystery1]

Re: County court papers received out of blue from lowell

So in order to escape a ccj it would need to be paid within 28 days? Id hate to have that for 6 yrs.

Yes.

Don't forget to claim costs if you win. Refer the judge to cpr 27.14 2 (g)

http://www.justice.gov.uk/courts/pro...s/part27#27.14

(g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably



Claim all costs such as copies, parking, stamps etc as well as £18 per hour and £90 for the day of work (or more if he is willing under the above rule)

M1

[Scigal]

Re: County court papers received out of blue from lowell

So in order to escape a ccj it would need to be paid within 28 days? Id hate to have that for 6 yrs.

[Scigal]

Re: County court papers received out of blue from lowell

Thanks both of you, very much. So following M1s advise it should all fall apart quickly and be out in time for high tea. If not then i need to push the dodgy dealings. lol, pretty much

Will the judge be mindful that i am a LIP and not up on legalese etc? hopefully, usually they talk in sensible plain english anyway

How do we sit? depends on the court but usually U shape of tables with Judge at head and opponents on either side, else judge on table at top and litigants facing him at separate desks. Its more like a meeting room than a criminal court room, again depends on which court you are at. Mine reminded me of a dentists waiting room lol. Don't worry the court ushers will guide you.

Is it respectful, or will it turn ugly from their bod? Doesn't tend to be any cross examination, just put your cases to the judge and he/she asks questions. Judges tend to rely on the 'professionals' far too much and let them speak first to lay out their case. Stand up when they enter the room if they aren't already in there when you go in and be guided by the Judge and if you feel the need to interupt then be polite and try not to get cross.

I do wonder if lowells sent the evidence to the judge and just not me? they should have filed it with the court as well

Will she maybe have formed an opinion already, based on having my evidence and naff all from them? Might her back be up already? hopefully and on your side against them mucking them about, fingers crossed


eta - might they ask for my occupational background etc as to why payments were stopped etc? I don't think its relevant at this proceedings, plus if they had behaved properly and delivered documents in time etc your defence is the debt is statute barred as opposed to anything else and you don't need reasons for a debt to be stat barred - they should have chased it sooner.

Thanks so much. Im feeling more hopeful from all the help i have received here for sure.

Hopefully my chances are good.

[Amethyst]

Re: County court papers received out of blue from lowell

If it goes pear shaped and you lose you make an arrangement to pay by affordable installments, it will mean a CCJ unless you pay it within 28 days, but in the medical profession?? I don't think there's any requirement to have a perfectly clear credit file ?

[Amethyst]

Re: County court papers received out of blue from lowell

''How do we sit? On a chair. Stand in front of a chair ,bend the kness until your arse hits then stop. ''



PMSL.....

basically it's not like this :juge::incourt:

[Scigal]

Re: County court papers received out of blue from lowell

See above.

M1

That gave me a much needed chuckle!! Thank you!


I cNt imagine what it must be like for really bad people to be in court, this is a horrible feeling and its only money. (She says)

[Amethyst]

Re: County court papers received out of blue from lowell

Thanks both of you, very much. So following M1s advise it should all fall apart quickly and be out in time for high tea. If not then i need to push the dodgy dealings. lol, pretty much

Will the judge be mindful that i am a LIP and not up on legalese etc? hopefully, usually they talk in sensible plain english anyway

How do we sit? depends on the court but usually U shape of tables with Judge at head and opponents on either side, else judge on table at top and litigants facing him at separate desks. Its more like a meeting room than a criminal court room, again depends on which court you are at. Mine reminded me of a dentists waiting room lol. Don't worry the court ushers will guide you.

Is it respectful, or will it turn ugly from their bod? Doesn't tend to be any cross examination, just put your cases to the judge and he/she asks questions. Judges tend to rely on the 'professionals' far too much and let them speak first to lay out their case. Stand up when they enter the room if they aren't already in there when you go in and be guided by the Judge and if you feel the need to interupt then be polite and try not to get cross.

I do wonder if lowells sent the evidence to the judge and just not me? they should have filed it with the court as well

Will she maybe have formed an opinion already, based on having my evidence and naff all from them? Might her back be up already? hopefully and on your side against them mucking them about, fingers crossed


eta - might they ask for my occupational background etc as to why payments were stopped etc? I don't think its relevant at this proceedings, plus if they had behaved properly and delivered documents in time etc your defence is the debt is statute barred as opposed to anything else and you don't need reasons for a debt to be stat barred - they should have chased it sooner.

[mystery1]

Re: County court papers received out of blue from lowell

Thanks both of you, very much. So following M1s advise it should all fall apart quickly and be out in time for high tea. If not then i need to push the dodgy dealings.

Will the judge be mindful that i am a LIP and not up on legalese etc? Yes.

How do we sit? On a chair. Stand in front of a chair ,bend the kness until your arse hits then stop.

Is it respectful, or will it turn ugly from their bod? Mostly respectful. Full screaming matches should not happen.

I do wonder if lowells sent the evidence to the judge and just not me? It's dated 29th May. I doubt it.

Will she maybe have formed an opinion already, based on having my evidence and naff all from them? Might her back be up already? Maybe.


eta - might they ask for my occupational background etc as to why payments were stopped etc? Maybe.

See above.

M1

[Scigal]

Re: County court papers received out of blue from lowell

....

[Scigal]

Re: County court papers received out of blue from lowell

Thanks both of you, very much. So following M1s advise it should all fall apart quickly and be out in time for high tea. If not then i need to push the dodgy dealings.

Will the judge be mindful that i am a LIP and not up on legalese etc?

How do we sit?

Is it respectful, or will it turn ugly from their bod?

I do wonder if lowells sent the evidence to the judge and just not me?

Will she maybe have formed an opinion already, based on having my evidence and naff all from them? Might her back be up already?


eta - might they ask for my occupational background etc as to why payments were stopped etc?

[Amethyst]

Re: County court papers received out of blue from lowell

Hi, Just to say best of luck for tomorrow, it should just be a procedural hearing really following the guidance M1 has given you, but if you do get a 'debt avoidance ignoring CPR' type judge then you need to push the fact that you deny making those payments and point out the odd dates and random amounts and ask that they should provide evidence where those payments have come from.

Soooo, what's the Queen's honour for?

[mystery1]

Re: County court papers received out of blue from lowell

Assuming a judge knows what's what is a dangerous game. Some have an anti debtor mindset so you might really need to make it awkward for them to screw you. On the other hand you might get one that likes things done properly. No way to tell.

Judges cannot know everything about everything so it's your job to persuade them to your way of thinking.

M1

[Scigal]

Re: County court papers received out of blue from lowell

Oh blimey, i dont know what to say to them.

Wouldnt the judge call them out though? I mean, they have ignored her orders, and clearly haven't followed practice direction. Why wouldnt she bollock them?

because certainly im not afraid to bollock clinicians when they mess with my patients or samples. When i know they have messed up then i have to chase them, how is it different with a judge? Protocol is protocol surely.

[mystery1]

Re: County court papers received out of blue from lowell

Madam, yes.

Not if what i said works as it should although if not then perhaps.

M1