Court Claim From Received with notification of case management conference

[Moley9]

Hello
I have just received a county court claim form N9 dated 9/8 with an enclosed notification of a case management conference dated 24/8, which it says I must attend. There was no acknowledgement or defense forms enclosed, and the case management conference has been scheduled for a court over 250 miles away. I have tried to ring the court but they never answer and they have not replied to my email. I am worried that the court will make a default judgement and the cost of travel and overnight stay to attend the conference is going to be very expensive. Any advise please?

[Debt Camel]

Re: Court Claim From Received with notification of case management conference

What sort of case is this?

Did you start the case or are you the defendant?

[Moley9]

Re: Court Claim From Received with notification of case management conference

What sort of case is this?

Did you start the case or are you the defendant?

Hi
Its for repairs to a wall caused by tree roots, but the tree is not mine or on my property so I will be the defendant

[Debt Camel]

Re: Court Claim From Received with notification of case management conference

So you are suing someone else saying their tree has damaged your wall?

[Moley9]

Re: Court Claim From Received with notification of case management conference

No they are saying its my tree damaging their wall but ive checked my deeds and the tree isnt on my land

[Debt Camel]

Re: Court Claim From Received with notification of case management conference

OK, having established the basics, it would be good to get someone who knows about this type of court case involved... [MENTION=6]Amethyst[/MENTION] ?

[Amethyst]

Re: Court Claim From Received with notification of case management conference

Unusual for a court to order a cmc without you having defended the claim first. Is the court Northampton CCBC ? It would be unusual to have a CMC there. It should be allocated to a local court first.

Have there been previous discussions between your neighbours and yourself ? Is the claimant a private individual ?

If you have a copy of the deeds which show the tree is not on your land you can submit a witness statement to that effect, with a copy of the deeds, to the court prior to the CMC. It may be dispute resolution to fast track a boundary dispute, I'm not sure until we see the docs.

If it isn't clear from the deeds about the tree then it may be the CMC will order a survey, but without your having had any input to the claim it would seem self defeating of the claimant.

Would you be able to scan / photo the letters you have received from the court please. Either redact your personal info and post on here or email to me admin@legalbeagles.info.

Oh also, on the N1 form is there detail of how to log in to MoneyClaim online ? Usually bottom right of the claim form. Might be worth logging in there and seeing what the status shows as. Otherwise you will need to persevere tmw on the phone to Northampton ( they can be insanely slow to answer at times) N9 is the acknowledgement form looks like this - http://s3-eu-west-1.amazonaws.com/hm...r/n009-eng.pdf

[Moley9]

Re: Court Claim From Received with notification of case management conference

Hi Thank you for taking the time to look at this for me. I have emailed copies of the documents received from the court which is a county court local to the claimant, who is an organistion, not an individual.