Missed court by 10mins

**Formister** · 14th February 2015, 07:54:AM

Re: Missed court by 10mins

Originally posted by Formister View Post

Hi, I have been taking some to court for the mis selling of a vehicle.

I started on the small claims track and then ended up at the county court.

The first court date after sitting in the continuous list for 6 hours we were informed that they didn't have time to see us.

As as we could not attend on the Monday, a new date was agreed and letters sent out.

When we attended the next date, we were told that our case had already been seen (this was 10:15am) and that our case was at 10am.

my problem is that the court letter, although admittedly near the top of the form said "The claim hearing will take place at 10:00am" in smaller normal type face.

It also said in the main body of the letter in big bold capitals "TAKE NOTICE-THIS ACTION HAS BEEN. PLACED IN THE CONTINOUS LIST, THIS MEANS THERE WILL BE MORE THAN ONE MATTER LISTED AT 10:30am"

As we had already attended once and this was what happened first time round, we only noticed the bold capitals.

is it right that the letter can give two different instructions?

Now I know people will say we should of got their earlier, but we travelled 250 miles since 5am, last time we left and got their at 9:20am, so thought we would be ok.

any advice if we can get this back on, as it has been struck out for non attendance.

Also, apparently they submitted evidence which they never sent for the first hearing and haven't sent to us at all.

thanks in advance

Anyone?

**Kati** · 14th February 2015, 09:12:AM

Re: Missed court by 10mins

I'm sure you'll get some advice soon ... bear in mind it's the weekend and things might be a bit slow tho'

K x

**Amethyst** · 14th February 2015, 10:42:AM

Re: Missed court by 10mins

Morning,

Have you received the judgment order from the court about the claim being struck out yet ? That will say you have 7 days to contest the strike out (set aside/vary the order), which is what you need to do.

You must file with the court, and serve on the other parties, an application that sets out your reasons for objection. A fee is payable upon the filing of the application. This will be either £50 without a hearing or £155 with a hearing - I think you can do without a hearing for this. You'll need form N244 from the HMCS site to submit your application.

It does sound like you have good reason, the muck up with the first hearing, the contridictory hearing date letter and the evidence you haven't seen.

**Formister** · 14th February 2015, 12:21:PM

Re: Missed court by 10mins

Thanks for your reply, much appreciated.

Havent received the judgement yet.

The clerk at the court was very helpful though, on the day she rang us to tell us the verdict, so we didn't have to wait hours for the files to come back.

she was also helpful in sending us their evidence they had submitted. Our first court date was in January, the second was on the 11th of February and the evidence they submitted was not received by the court until the 3rd of February and not by us at all.

**Amethyst** · 14th February 2015, 12:33:PM

Re: Missed court by 10mins

Ok that's a big point in your favour then, does the evidence changed the case at all?

**Formister** · 14th February 2015, 12:41:PM

Re: Missed court by 10mins

Yes, as it's obviously been concocted since they received our evidence pack prior to the first court hearing and is based on only verbal between him and his son.

this is designed to contradict written evidence that we have

**Formister** · 14th February 2015, 12:53:PM

Re: Missed court by 10mins

Also , previously they had offered virtually no evidence at all , except a denial

Missed court by 10mins