Where do I start? Court papers received :(

[Diana M]

Re: Where do I start? Court papers received

No hearing date as yet, just a letter requesting submission of WS by 4pm 16th November

That's unusual.

Was it a letter or an Order headed "Notice of Allocation" with Directions to file a WS but no mention of any Hearing or time estimate (i.e. length of the hearing)?

This is a £6k claim so it needs to be handled with care since it's your son's claim and he'll be the person with a CCJ if things go wrong. He'll be the one arguing all this in front of a Judge not you (unless he gets legal representation).

Have you had any more thoughts about filing an Amended Defence to plead Hoist's licensing issue?

Di

[Kidseh!]

Re: Where do I start? Court papers received

Thee form title is General Form or Judgement or Order

The paragraph shown state a hearing date will be allocated.

Im thinking professional legal representation my be thw ay to go as I've been reading a user in a similar situation....

[Amethyst]

Re: Where do I start? Court papers received

There have been a few of these, the courts may well be tired of the discontinuances at Witness Statement time so seem to not want to allocate hearing date till that's dealt with. Little annoying as the hearing fee then comes after Witness Statements.

http://legalbeagles.info/forums/show...ness-Statement are some examples to get you started.

[Kidseh!]

Re: Where do I start? Court papers received

Thank you all so much

[Diana M]

Re: Where do I start? Court papers received

Thee form title is General Form or Judgement or Order

The paragraph shown state a hearing date will be allocated.

Im thinking professional legal representation my be thw ay to go as I've been reading a user in a similar situation....

I expect the court has sensibly decided to see what evidence is produced at the Witness Statement stage in order to be able to determine the estimated length of the Hearing. They may also consider a Order for disclosure at that stage if necessary.

When we (my firm) run the unlicensed argument as part of our pleadings we request a day not a couple of hours since it's a complicated legal argument.

Your son's WS cannot remedy any legal arguments which were omitted from his Defence. There would need to be an Amended defence to do that.

Di

[Diana M]

Re: Where do I start? Court papers received

the courts may well be tired of the discontinuances at Witness Statement time so seem to not want to allocate hearing date till that's dealt with.

Alternatively courts are sometimes relieved if a claim discontinues since they overbook court rooms and DJs in the knowledge/hope that some will discontinue or settle (like airlines ).

We often get called by the Listings Office a few days before a Trial to see if it's likely to go ahead.

Sometimes the court will call the solicitors the night before a Hearing to say it's been adjourned because they haven't got a free court or Judge. That happened to me the night before my Santander v Mayhew case.

Di

[Kidseh!]

Re: Where do I start? Court papers received

Thanks Di

The thing that puzzles me i why they dont just send the information we've requested so we can make some sense of it?
Is this usual tactics?

[Diana M]

Re: Where do I start? Court papers received

Thanks Di
The thing that puzzles me i why they dont just send the information we've requested so we can make some sense of it?
Is this usual tactics?

Of course it's tactics. Cases are won or lost on tactics not just law. You need to know how to use law to your advantage.

You've requested documents (about 5 months ago) but done nothing more to force disclosure.

I can't comment on your Defence because you've not revealed the Particulars of Claim. The Defence is a response to the POC.

You've not said when (what year) your son opened the credit card account (unless I've missed that on this thread).

You've not said how the account was opened by him (online, in branch, in response to an invitation letter etc.).

You've not said whether your son has received a response to his Subject Access Request to Barclays which was advised in post # 19 on 21st June. Has he? Because that information could make or break his case for him.

You filed a Defence on his behalf in the summer (July) and then waited for the court to contact you.

My firm does things differently. We manage claims proactively not reactively. Part 18 Questions would have helped your son.

Our aim is to get the Claimant to Discontinue a claim but the longer it goes on the odds of that happening diminish because the Claimant/solicitors will have invested time (and therefore money) so they may feel it's worth continuing because in the Small Claims Track the loser doesn't pay the winner's costs (except wasted costs) so they'll be seeking a CCJ.

It's always about tactics

Di

[Kidseh!]

Re: Where do I start? Court papers received

About to send WS, just wondering if I will receive a copy of their WS and when? x

[Diana M]

Re: Where do I start? Court papers received

About to send WS

What has your son said in his WS and what Exhibits has he attached?

Has he received the response to his Barclays Subject Access Request?

Di

[Kidseh!]

Re: Where do I start? Court papers received

What has your son said in his WS and what Exhibits has he attached?

Has he received the response to his Barclays Subject Access Request?

Di

Based the WS on the initial defence and included exhibits of requests for information. Also included the letter received from Robinson Way stating case is on hold.

SAR not done yet x

[Diana M]

Re: Where do I start? Court papers received

SAR not done yet

He needs to do that pronto!

Di

[Kidseh!]

Re: Where do I start? Court papers received

Thanks, will do!
Wil we receive their WS?

[Diana M]

Re: Where do I start? Court papers received

Wil we receive their WS?

They should file it at court and serve it on your son.

At that point he'll be able to assess whether he needs to file an Amended Defence if they disclose any documents and the fact that he's not pleaded the issue of Hoist being unlicensed in his initial Defence.

Both parties will also have the option to make an Application for a Summary Judgment to strike out the Claim or the Defence if appropriate.

Di

[Kidseh!]

Re: Where do I start? Court papers received

Information received today from the claimants solicitor.
It contained statements and several letters sent to either my sons address or my address. I havent had time go through it all methodically however a couple of discrepancies jumped out! One particular thing was a letter (allegedly) sent to my sons address from Robinson way and the exact same date a letter sent to my address from Hoist. None of which appears to have been received.

Ill spend some time over the weekend with my son going through everything x