*** STRUCK OUT ** Claim for Deceased Mother's alleged owed money

[ostell]

The problem is is that if he does not receive it then he can ask the judge to not allow it, especially as it is late into the court. Would lack of a the witness statement impact your case?

If there's no money be sure to take soething along that shows that there is no money. Difficult I know.

[jaguarsuk]

ostell thanks he lives some 2 hours drive away! I think it would be pointless at this stage for post like you say. I will make notes using the points in the statement as guide adding more notes to discuss at the hearing. She died interstate, left no will or estate. How could I be liable for any of this. There's no money to clear anything. It's all rather pointless and unduly stressful.

Such a shame that you did not submit a witness statement as I don't think he'd have a hope in hell if you had.

Regardless we can't change what has already happened, so no point dwelling on it.

You'll be extremely lucky to have the Witness Statement accepted by the court and should therefore prepare to have to bring up the points made in it as just part of the general discussion of the case in the room.

Good luck tomorrow and please do come back to let us know how you get on?

[modder]

Yeah I feel very sheepish to say the least! I blocked this out in my mind as a defence mechanism and realise now I need to resolve issues in a more logical and timely fashion. I thank you all for you help and guidance it really means a lot to me and humanity.

All being said I have proof there is no money in her estate available to withdraw. I can show my expense for funeral. I can argue the truth against his claims. I have a bank card with signature, which doesn't look right compared with iou, the name on the iou is mispelt, not dated.

I handled my mother's death at the end of the day. With little time, officer failing to hand keys in wasted 5 hour trips. Threats of rent charges for not vacating property in time. time frame work van hire issues.

Its as if a window of my life is being prosecuted, I did not cause any of this. I laid my mum to rest. I still have her ashes after this closure I will spread them as she wished.

[modder]

The case is not until Thursday 19th July 10am. Is there any merit in submitting the witness statement at the last day and trying to hand deliver the statement? This would be a long shot!

[jaguarsuk]

The case is not until Thursday 19th July 10am. Is there any merit in submitting the witness statement at the last day and trying to hand deliver the statement? This would be a long shot!

It can't hurt to try, don't pin all your hopes on it and if it's allowed then excellent.

Also, do a schedule of costs to put in with it. Add up the number of hours you have spent on this even if only 2 or 3 at £19 per hour, postage and figure out how much it's going to cost you to drive there at 45p a mile. There's a template here to show a bit of formatting: https://assets.publishing.service.go...7/n260-eng.pdf

In court your starting point should be to point out that the previous claim was struck out due to non compliant Particulars of Claim and failure to file such after order of the court, the Appellant still offers no new complaint PoC that complies with Civil Procedure Rules. In fact the Appellant relies on the self same PoC ruled non compliant and previously struck out by order, therefore you respectfully request his application dismissed and cost of and occasioned in dealing with the application be awarded against him to you.

Don't forget to take in proof of what you paid for parking as you couldn't add it to the schedule you'll deliver today, but if awarded costs you will be entitled to it.

That should be enough to get it dismissed, but make sure you have all the other points ready to argue in case the judge for some reason decides to continue.

[modder]

jaguarsuk Thank you for your guidance, you have genuinely lifted my spirit today.

Regrettably due to work commitments I decided to take the bull by the horns in court. I almost feel as if I was ment to go to court for this, at least in my mind to get full closure on mum's death.

As you pointed out this is the same crap that was rejected by the court that he wants to bring up again. That surely gives me a head start if anything. I have balance and statements for any perceived value in her estate as proof.

It's really daunting as a first time event for me, I hope I can keep it all composed!

I will report back.

[jaguarsuk]

On arriving at the court register with the usher.

They will call you once it is your turn and if the Appellant turns up he will enter the court ahead of you and the usher will announce both parties as you enter.

Refer to the Judge as sir, madam or judge.

Do not interrupt the other party or the judge, regardless of how inflammatory what is said might be and simply remain calm then rebuff their points.

Stand when speaking unless instructed by the judge it is not necessary, whilst small claims are informal as this is an application to the court the Judge may be treating it more formally and it's better to be too formal than not enough.

If the judge is swaying your way just go along with them, sometimes when winning inexperienced Litigants in Person start to clutch defeat from the jaws of victory by unnecessarily trying to argue additional points that are not needed. If you present the claim as having previously been struck out as I advised and the judge decides to rule, let them!

Good luck and let us know what the outcome is.

P.S. Don't forget to ask for a costs order against him if you win.

[modder]

The judge struck it out due to failure to comply with Poc. The only words that came out of my mouth were thank you sir!

The claimant was rambling on trying to explain to the judge how the legal system works and delays in postage... The claimant was even trying to consult with the judge for advise! He kept interrupting the judge too. The claimant is still threatening to take me to court again. He tried to throw in the iou at the end and by which point the judge was getting annoyed. The judge explained to him that he needs to file compliant poc to which he was looking very confused and explains I have! Which particulars do you want to see. The judge explains you need to file civil procedure compliant poc to which he replied so I need a civil court hearing?

I did not complete the claims against him unfortunately as I ran out of time to make sense of the form. Kicking myself in hindsight.

Somehow I don't think this is over just yet and expect something more further down the line. I guess he will need to seek legal advise or a solicitor if he pursues this, but then surely the cost vs outcome would outweigh.

jaguarsuk thank you again. It went just as you described and the non coliant point advised was delt with for me by the judge. Is there anything I could do to bring closure to this now before he can try again? Could I now seek cost and compensation?

[Amethyst]

Great to hear he got struck out. It is strange the Judge let it get to a hearing really but I suppose if the application requested with a hearing he is entitled to be heard. You're okay recording for your own use but shouldn't really have done so without permission so I wouldn't publish it anywhere. It seems unlikely the claimant has any money/assets for you to obtain any costs against.... but if he does continue from this point you should add a request for costs to your response to that.

[jaguarsuk]

The judge struck it out due to failure to comply with Poc. The only words that came out of my mouth were thank you sir!

Im not sure if was allowed to but I recorded the hearing its comical. The claimant was rambling on trying to explain to the judge how the legal system works and delays in postage... The claimant was even trying to consult with the judge for advise! He kept interrupting the judge too. The claimant is still threatening to take me to court again. He tried to throw in the iou at the end and by which point the judge was getting annoyed. The judge explained to him that he needs to file compliant poc to which he was looking very confused and explains I have! Which particulars do you want to see. The judge explains you need to file civil procedure compliant poc to which he replied so I need a civil court hearing?

I did not complete the claims against him unfortunately as I ran out of time to make sense of the form. Kicking myself in hindsight.

Somehow I don't think this is over just yet and expect something more further down the line. I guess he will need to seek legal advise or a solicitor if he pursues this, but then surely the cost vs outcome would outweigh.

jaguarsuk thank you again. It went just as you described and the non coliant point advised was delt with for me by the judge. Is there anything I could do to bring closure to this now before he can try again? Could I now seek cost and compensation?

Excellent.

Unfortunately I have to agree with you, I believe that he gets fee remission and therefore he does not pay anything to file this nonsense or else he'd have given up after the first attempt. As he doesn't pay he's got nothing to lose and that was why I wanted you to ask for costs. I believe had you been awarded costs and enforced that judgement upon him then this nonsense would have stopped here (it would have only been a few £'s not hundreds, but just enough to hurt him).

Anyone walking into a County Court whom doesn't know what the Civil Procedure Rules are is going to get short shrift from a Judge.

Not really, you needed to seek costs at the end of this hearing and filing an application for costs just isn't cost effective as you need to pay £255 to file it, plus it carries a risk he might win cost from you if unsuccessful. It simply isn't worth the risk.

You could probably file claim for Harassment against him, but I you'd be paying money to do it based on the amount you claim and you would have to prove beyond the balance of probabilities (what's most likely to have happened) that he had no cause of action therefore his claim and subsequent application to reinstate it was vexatious causing you distress and anxiety. The reality is that if you won a claim it's unlikely he could afford to pay it and you'd just have an expensive piece of paper in your possession.

No offence, I hope we don't have to hear from you again about this, but if he rears his head or indeed something else ever comes up... you know where we are.

I'm glad you won, I hope for your sake this man now leaves you alone and I hope now you will scatter your mums ashes in accordance with her wishes, may she rest in peace.

[jaguarsuk]

Amethyst I think we should mark this one: *** Struck Out *** in the hope that brings good karma to keep it that way

[Amethyst]

Done

Hope he leaves you alone now but somehow I doubt it …. well done for keeping your cool in dealing with it all xxxx

[R0b]

Congratulations on the strike out.




Amethyst modder

Im not sure if was allowed to but I recorded the hearing its comical.

It is a criminal offence to record any court hearing, Section 9 Contempt of Court Act 1981 punishable by 2 years or a fine of up to £2,500. Recording of court proceedings are taken very seriously so I would suggest you delete the offending recording.

[jaguarsuk]

Congratulations on the strike out.




Amethyst modder


It is a criminal offence to record any court hearing, Section 9 Contempt of Court Act 1981 punishable by 2 years or a fine of up to £2,500. Recording of court proceedings are taken very seriously so I would suggest you delete the offending recording.

And edit the posts here saying you did it here.

[modder]

R0b thanks just updated. Could you please kindly edit your post to accordingly. Cheers