Court protocols and procedures

[sheffield61]

Good morning all.


I have a money claim logged in the Sheffield County Court. The defendant to my claim recently submitted his defence. In this defence he asked the Court for the following;

A. That my claim be transferred to the business centre at the Manchester high court.

B. That my claim be set aside.

C. That my claim be timed out.

Yesterday the Sheffield Court wrote to me with their Order. This is just a one sentence instruction stating that my claim is to be transferred to the Manchester County Court.

Could somebody please tell me;

1. Does this mean that all of A, B and C here are now denied to the defendant?

2. If this is the case, will the defendant now have the option to again try to get A, B and C here in the Manchester County Court?


MANY thanks in advance,

[echat11]

It means exactly the following, 'claim is to be transferred to the Manchester County Court', which is A.

1. Does this mean that all of A, B and C here are now denied to the defendant?

Only as far as B and C are stated in the Defence and the Court has transferred the proceedings to Manchester County Court.

2. If this is the case, will the defendant now have the option to again try to get A, B and C here in the Manchester County Court?

It's been transferred for a reason, so it can be heard. No doubt the Defendant will 'plague' the proceedings to 'derail' the claim.

[Pezza54]

I assume Manchester county court is the defendant's local county court and the defendant is an individual?

Does your claim relate to money owed to you by the defendant more than 6 years ago?

If court officers (not the judge) have read your claim and the defence, and they had doubts about the validity of either document, they could have referred it to a judge for a decision whether the case should proceed.

It seems your claim is proceeding as it has been transferred

The defendant can still file an application notice (court fee £303) requesting a court order for your claim to be struck out. He or she would have to provide very good reason or reasons why

[sheffield61]

This is all very helpful, thank you...

The investment was in February 2012 BUT I only became aware of the losses 5.8 years ago....

I have been completely about the performance of the investment since 2014. I was not aware of the actual losses however until the times described here below...

This was at the Insolvency hearing of the defendants company, Store First Ltd...

Under OATH the defendant admitted to "The misleading brochure advertised guaranteed buy back".....

Move forward to today and the Insolvency Service Solicitors Gowlings will shortly be issuing dividend payments v Store First Ltd. The letter I was sent by them recently states that the dividends will be based on the deliberate MISREPRESENTATIONS of the defendant.....

I suppose it could be argued that I only became aware of the losses when I get the Gowlings letter last September....

Yes, Manchester is his local Court..

You've been very helpful.....


John.

[sheffield61]

I was granted the full £10,000 court fee remission...

My claim is for £408,000+.....

Do you think a Judge has assessed my claim before granting me this remission?

[Pezza54]

Have you got legal representation?

[sheffield61]

No, can't afford a Solicitor....

I have a highly motivated paralegal working for FREE however....

The defendant to my claim scammed his parents out of over two Million pounds....

[Pezza54]

Has your paralegal completed your DQ?

Is the defendant legally represented?

[sheffield61]

Sorry, what's a DQ?

The defendants has one of the most expensive Solicitors in the country, Asserson Law of London.....

[echat11]

If there are quite a few Claimants, why haven't you started a 'Group Action'?

It makes more sense.

[atticus]

DQ = Directions Questionnaire. Posters are reminded that not everyone understands these abbreviations.

It may be that the County Court at Manchester will consider the Defendant's second and third applications, albeit that they seem meaningless to me. Has the Defendant made a formal application, or are these things only stated in the Defence?

[Pezza54]

DQ stands for Directions Questionnaire

Did you obtain legal advice before starting your claim?

[sheffield61]

Any claimant will likely have to fund the £10,000 fee due to the size of the claim....

I'm lucky as I get Universal credits and so have full fee remissions....

[sheffield61]

The paralegal tells me we now wait for the Court directions. Then we submit the enormous amount of neferious business activities of the defendant to the Court....

[echat11]

No disrespect to your Paralegal, you really need to run your case by a Barrister who deals with 'misrepresentation' etc, some Barristers may offer the advice pro bono. It doesn't matter how motivated or driven the Paralegal is, 'fresh eyes is always a good thing'.