Court Claim PCM

[Dellniv]

Re: Court Claim PCM

Privacy of contract.

Hi,

I've just received a response from Gladstones in regards to the court case, they have requested to proceed with a N159 letter and have made a special request to continue the court with paper evidence only without a hearing. Have you heard of this before? Any suggestions on what the most favorable move would be now?

Many thanks,
Dellniv

[ostell]

Re: Court Claim PCM

This is standard Gladstones. When you get your own Directions Questionnaire to complete from the court you return it naming your local court and write a note to the court objecting to the paper only as this will seriously disadvantage you as a litigant in person against professional lawyers.

If you don't get a DQ soon phone up the court and see what is happening.

[charitynjw]

Re: Court Claim PCM

As [MENTION=39331]ostell[/MENTION] says, the usual Gladstones rubbish.
I would always go to court & make an effort to personally appear at the hearing.

[Dellniv]

Re: Court Claim PCM

I've received the letter now, it states that it's suitable for small claims?

Do I accept it to go to small claims and thats it ? Theres a few areas to tick such as mediation.

Is anyone aware of how soon the court hearing is given?

[Dellniv]

Re: Court Claim PCM

Anyone?

[Amethyst]

Re: Court Claim PCM

[MENTION=5553]charitynjw[/MENTION]

Is the letter the N180 Directions Questionnaire ?

[charitynjw]

Re: Court Claim PCM

Yep.

Standard DQ.
I would always tick 'yes' for mediation. (Although not compulsory, the courts prefer it if mediation is at least considered).
At the mo there seems to be a bit of a backlog for hearing dates; some areas are a lot worse than others.

[Dellniv]

Re: Court Claim PCM

Hi,

it's a notice of proposed allocation to the small claims track.

point 2 on the letter states "if you believe this track is not the appropriate track for the claim, you must complete box C1 on the directions questionnaire (form N180) and explain why.

And point 3 states N180 must be complete by a certain date so yeah it is a N180

[charitynjw]

Re: Court Claim PCM

Are you intending to make a personal appearance in court? (If it goes that far).

[Dellniv]

Re: Court Claim PCM

Are you intending to make a personal appearance in court? (If it goes that far).

yes of course ? Shouldn't I be ?

my only worry is that I have a few holidays booked :/

[charitynjw]

Re: Court Claim PCM

Just checking.
As previously stated, it is better to put in a personal appearance.
It would be worth mentioning on the DQ that you want to appear in person as you feel that a hearing on papers would be a serious disadvantage to yourself, a Litigant in Person.

[Amethyst]

Re: Court Claim PCM

There should be a spot on the DQ for you to put dates you aren't available ( ie your holiday dates )

[Dellniv]

Re: Court Claim PCM

Hi,

My case has been sent to another court but it is not ideal for myself. How would I go about appealing this as it states that I am able to but does not state how?

Thanks

[ostell]

Re: Court Claim PCM

Is this a different court to the one you specified on the directions questionnaire? Could it be the court requested by Gladstone? Did you object to the paper only hearing?

[Dellniv]

Re: Court Claim PCM

Is this a different court to the one you specified on the directions questionnaire? Could it be the court requested by Gladstone? Did you object to the paper only hearing?

Yeah I objected the paper hearing.

and it is a different court yes.