Lost Court Cases

[pipsaholic]

Hi,

Reading a lot of success stories about defending legal action, however does anyone have cases where they have lost a court case with outstanding debt?

Thanks.

[nemesis45]

Re: Lost Court Cases

Hi,

Reading a lot of success stories about defending legal action, however does anyone have cases where they have lost a court case with outstanding debt?

Thanks.

There are such cases yes!

nem

[pipsaholic]

Re: Lost Court Cases

What are the most common reasons for a defence loss against the claimant?

[nemesis45]

Re: Lost Court Cases

What are the most common reasons for a defence loss against the claimant?

Failure to comply/complete /submit court documents within timescales. inadequate defences.

nem

[pipsaholic]

Re: Lost Court Cases

are these from the defendants side or claimant side? This is obvious usually I've heard its from the claimant side to not provide documentation, which defendants ask for.

[Diana M]

Re: Lost Court Cases

does anyone have cases where they have lost a court case with outstanding debt?

According to statistics 87% of county court claims go undefended.

That's the first obvious answer to your question.

The second obvious answer is that LIPs struggle with court proceedings when the opposition is represented by lawyers. It's not a level playing field when that happens.

The aim is to (a) avoid getting a claim in the first place (be proactive!) and (b) do your damndest to get shot of one (claim) before trial where you'll be at the mercy of the DJ whose starting point may be anti-debtor and in favour of the Claimant based on the balance of probabilities when it comes to evidence or lack thereof.

Do you have or anticipate a claim?

Di

[pipsaholic]

Re: Lost Court Cases

87% undefended by the defendants (public) or claimants (companies, creditors)?

I anticipate a claim coming, however the creditors have failed on 3 separate occasions to send me correct documentation.

Also, what are LIP's?

So, is it advisable to bring a claim against them or is the onus of proof on them to provide correct documentation?

[Diana M]

Re: Lost Court Cases

87% undefended by the defendants (public) or claimants (companies, creditors)?

Also, what are LIP's?

Defendants defend the claim, Claimants make the claim.

So the statistic of 87% of undefended claims refers to claims undefended by Defendants.

A LIP is a 'Litigant in Person' meaning someone who defends or makes a court claim without the aid of a legal representative.

Di

[pipsaholic]

Re: Lost Court Cases

Is the advice on this forum enough to put a defence on in your opinion or would having a legal rep be advisable?

Also, is the witness statement have to be read out in front of a judge or sheriff officer?

[Diana M]

Re: Lost Court Cases

is the witness statement have to be read out in front of a judge or sheriff officer?

Unless I'm wrong you are based in Scotland where the legal process is very different from the rest of the UK.

Or are you Scottish but living in England?

Di

[pipsaholic]

Re: Lost Court Cases

I stay in Scotland and I am a Scottish citizen. It's only slightly different I understand.