Notice of Hearing preparation Advice

[Notinmylife]

"Take notice that the hearing will take place on.......
At the ........
30 minutes has been allowed for the hearing.
Please note this case may be released to another Judge "

Received the above notice for a hearing I am the claimant. It does not mention anything about paperwork or anything else I need to do to prepare for it.

[CLL1]

Re: Notice of Hearing preparation Advice

What kind of hearing is it, and what sort of claim are you involved with?

[Notinmylife]

Re: Notice of Hearing preparation Advice

Section 75 claim for Vehicle against a bank.
Already been asked by the court to provide a statement of costs of repair which we supplied.
Part 20 is included but we don't think Halifax have served. Court requested proof of this but not supplied after 3 weeks and judge decided on hearing.

[Notinmylife]

Re: Notice of Hearing preparation Advice

Bump

[R0b]

Re: Notice of Hearing preparation Advice

This thread is in relation to your other thread you made I assume? When is the hearing?

I would suggest you compile a bundle of documents together for the hearing that you can refer to. This should include:

1. POC, Defence, Witness Statements of both sides, Court Orders / Directions
2. Important correspondence between yourself and Halifax, but not every email
3. A copy of the statement of costs for repair
4. Any case law you might wish to rely on in support of your claim or relevant legislation e.g. s.75 of the CCA. Normally you would be required to print out all of the pages but as this is small claims, costs should be kept to a minimum and you would probably get away with the first sheet which shows the name of the Act or case and the relevant page you want to use.

The bundle of documents is best put together in a folder and tabbed for ease of reference.

You should maybe prepare your arguments in bullet list format but not read word for word. This could be listed like the following (although the format may change if the judge chooses the defendant to speak first):

1. Good morning Sir/Madam, my name is X and I am the claimant. Mr/Miss X is acting on behalf of the defendant.
2. The claim relates to a breach of contract under section 75 of the Consumer Credit Act in which the Defendant is jointly and severally liable.
3. Ask if judge has all of the relevant paperwork and/or would like a brief summary of the facts
4. Then begin your arguments in a logical order, refer to any evidence and if the judge does not have it offer the opportunity to view it
5. Address any points / objections raised by the defence as you go along, which weakens their argument and supports yours
6. Don't waffle or go into detail that is irrelevant - be concise as the hearing is 30 minutes and you have limited time.

You may also want to prepare any additional questions to ask the other side which further exposes them and weakens their position.

[Notinmylife]

Re: Notice of Hearing preparation Advice

Thank you very much for that.
No witness Statements have been asked of us in the directions. Though we will prepare our own for the hearing.
Hearing is the end of this month. Just over two weeks away

[Notinmylife]

Re: Notice of Hearing preparation Advice

Received this as email today any advice on how to respond ?
Car dealer does not need to be there as far as we are concerned (pretty sure he wouldn't show up anyway) as case is against Halifax and we already have it in writing that they admit liability. Halifax can have another hearing with the dealer.

Email starts --------

I confirm I have been contacted 'car dealer' (the second defendant as joined by Halifax) today to advise that he is unable to attend the hearing on ------- as a result of a operation.



It would therefore appear that, as not all parties are available to attend, the hearing needs to be moved. The easiest way to do this is for all parties to sign a consent order to be sent to Court confirming that we agree for the hearing to be relisted for the first available date after 28 days. Could you please confirm as soon as possible if you agree to the adjournment? If so I will send you a consent order to review and sign.

Email ends ----//

[Notinmylife]

Re: Notice of Hearing preparation Advice

Should it not be the dealer making the application anyway. and if we don't agree Halifax won't be able to make a application with Just Notice based on the Third parties medical operation.

[Notinmylife]

Re: Notice of Hearing preparation Advice

Bump