Defendant has not sent in evidence

[Flippingfab]

Hi, I am taking my builder to the small claims court. Evidence was to be submitted by both sides by 8/11/21. I have not received anything from the defendant. I e tried contacting the court for help but heard nothing back.

today I get a letter with a court date on it? Should it get to could without me seeing their evidence beforehand? Did they not forfeit their right to defend by not submitting evidence in time?

tia.

[ostell]

So look at the status of the case online. The defendant does not have to send you his defence, that is up to the court to copy and send to you. If there is a court date it looks like the court may have forgotten to send you the defence.

[Flippingfab]

It states on the letter received in Sept that I must send in my evidence to the court and a copy to the defendant and that they must do the same by 8/11.

[Flippingfab]

Sorry also when I log in on line it just says to contact the court and when I try that it says to log in on line so I’m going around in circles.

[Flippingfab]

Exact wording on the order was:


Send all of the documents that are relevant to your case to the court at the above address, also send them to the other side. Both parties must do this.These documents should be placed in date order and should be numbered in the bottom right hand corner.
You should include the following documents if available.

[echat11]

https://www.judiciary.uk/wp-content/..._in_Person.pdf

[Flippingfab]

Thank you. I’ve read something similar and in my emails to the court I have asked if I can request judgement due to lack of communication from the defendant but I’m getting no response from the court. It’s been a month now. I’ve emailed twice. Telephone just directs me to emailing *♀️.

[echat11]

R0b, Can you please take a look and advise, many thanks.

[R0b]

Does the order not contain a statement that says if the parties fail to comply with the order then they will not be allowed to rely on that evidence at court?

If they don't provide the evidence until the last minute or at all then you raise it with the judge and say that the hearing should proceed on the basis that the other side cannot rely on any evidence to support its case. You could adjourn it and maybe ask the court for an unless order otherwise their defence will be struck out and judgment entered. May be worth asking for costs of any wasted hearing too if you have that to hand. Minimum for attendance is up to £80 if you had to take time off in addition to any other wasted costs you might have incurred.

[Flippingfab]

Hi no nothing like that. I finally got in contact with the court who have advised the following:

The Judge has seen your file and issued small claim track directions. (attached)

If you wish to object to these and request judgment you would need to make an application to the Judge. (N244 attached). There is a fee payable for this, either £108 for it to be seen without a hearing or £275 with a hearing.

Quick look at the form and I’m lost. Am I over thinking it or do I just request judgement to be past due to lack of defence evidence?