Stalling ?

[nemesis45]

Re: Stalling ?

Is there a court fee to send as well with the N180 ?as i cannot find any on the paperwork

No this is straight forward court procedure.

nem

[Amethyst]

Re: Stalling ?

There is a hearing fee payable later but there's no longer an allocation fee to pay as it's included in the issue fee.

Copy of the N180 to the court and to the defendant.

Your witness statement and whatnots will come later once allocated to a court.

[mickeyboy]

Re: Stalling ?

ok ,i have got it ,i was going to send a reply to the defence with the N 180 and copies of my texts and evidence ,i will leave it to the court date then ,Thanks for the reply M.

[mickeyboy]

Re: Stalling ?

Sorry but i have a couple more questions ,I have sent a copy of the N 180 to the court and a copy to the defendant ,I have not received a copy from him ,Is he required to send me a copy ? the other question is ,I have found on Cab website ,that any evidence that i may have, that i intend to use in court that i may have to send a copy to the defendant as well ,surely this cannot be correct ,as i have nothing from him ? He will have ample opportunity and time to come up with excuses and lies ? Thanks again M ,

[Amethyst]

Re: Stalling ?

When you receive a court date you will be ordered to exchange witness statements and documents you intend to rely on 14 days before the hearing. These need to be sent to arrive on the same day by both parties. You don't need to send anything yet.

[des8]

Re: Stalling ?

You should receive a copy of his N180 but not everyone complies!

The UK court system requires both parties disclose all that they are relying on to the other party. You may not ambush the other side.
It works both ways.
You have his defence, and eventually will receive a copy of his witness statement and any other evidence he wishes to introduce.
He won't be able to suddenly produce an alternative version of what has happened.


Crossed with Amethyst, but at least we are in agreement!

[mickeyboy]

Re: Stalling ?

When you receive a court date you will be ordered to exchange witness statements and documents you intend to rely on 14 days before the hearing. These need to be sent to arrive on the same day by both parties. You don't need to send anything yet.

Thanks for the reply ,will i have to inform the court of the defendant not sending me the N 180 with his intention ,and any documents he may use ?I sent mine recorded signed for delivery .

[mickeyboy]

Re: Stalling ?

Quick update ,,got a court date for the end of January ,can't come soon enough ,Court said i must give defendant any evidence i may use ? Now this i cannot understand ,defendant denies there is any correspondence between us ,ie ,text's emails etc ,So why should i send evidence to him when he knows he is lying ,If i did send it he could simply throw it away and say it was never sent ?Surely there is no entrapment as we both have evidence on our phones ,? BTW There is a court fee of £170 ,but hoping to get that back ,How and when can i claim cost's ? Thank's M

[mickeyboy]

Re: Stalling ?

By the way again ,The royal mail failed to deliver the N180 was posted signed for 2nd class ,so having to ask them for letter for the court ,I never received one from the defendant ,Thanks ,M.

[des8]

Re: Stalling ?

If the court instructed you to do something..... do it even if you don't understand why or agree!!!

Both parties have to exchange details of what they intend to rely on in court.
Prior to opening proceedings you are supposed to exchange information.
To ensure this has been done the court orders it.
I would suggest you read Practice Direction regarding preaction protocols https://www.justice.gov.uk/courts/pr...action_conduct

[mickeyboy]

Re: Stalling ?

Will have to comply then ,We were asked to mediate as well by the court ,i rang for the meeting but the defendant didn't ?So i guess he's still denying it's him ?

[des8]

Re: Stalling ?

What was the reason for failed delivery? Refusal to accept?

[mickeyboy]

Re: Stalling ?

What was the reason for failed delivery? Refusal to accept?

No ,According to the Tracking status of the letter it's still out for delivery ,posted October ,So they have either lost it or delivered without a signature ,,They have just Apologized and offered me 6 stamps in compensation .? But still not had any indication from defendant regarding direction he's taking ,N180 or otherwise ?

[mickeyboy]

Re: Stalling ?

What was the reason for failed delivery? Refusal to accept?

No ,According to the Tracking status of the letter it's still out for delivery ,posted October ,So they have either lost it or delivered without a signature ,,They have just Apologized and offered me 6 stamps in compensation .? But still not had any indication from defendant regarding direction he's taking ,N180 or otherwise ?

[des8]

Re: Stalling ?

Don't worry about what he is or is not doing.
Make sure you do everything to the letter.
If he fails you may get judgement by default.