Please help have got my hearing date from the court to set aside a statutory demand ,it is from connaught/1st credit for a city credit card ,on the grounds of no valid CCA SENT Anyone been to a hearing (dont know wot to say or expect) advice needed asap please .
Hearing date given for a statutory demand
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Re: Hearing date given for a statutory demand
This is not from me, I found it on another site, but hopefully answers your question and was also 1st Credit!
I went to a set aside hearing last year.
It was 1st credit.
Remember that you must attend court even if the otherside withdraw unless you are told not too.
The hearing is very informal. Just state your case to the judge.
With mine 1st Credit did not turn up. The judge read what 1st credit wrote and read my application then listened to what I had to say.
With regard to costs you can not claim more than £9.50 per hour. This is the standard litigant in person rate.
Have a schedule of costs prepared. Put down your actual costs e.g. work out your rate for your time off work just in case you have a friendly judge.
The decision is given on the day.
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Re: Hearing date given for a statutory demand
Hi Sparkle, I had my hearing this week for a set aside. Basically what happens is you attend the court stated, id get there at least 10 mins early. When you get to court you may need to sign in as a visitor but security should point out where you need to go in the building. Once you get there - REPORT TO THE USHER as soon as you can. If the Claimant is present they may approach you - Do NOT let them rattle you, you know what they are alleging from the SD and your side of events will be heard by the judge, If they pester you tell them you will discuss in front of the judge, if they persist speak to the Usher! Mine didnt attend but I saw others that did and asked questions = im like that OK at the time of your hearing you will be led into Chambers - basically a room with the judge sitting at a table and two tables off of theirs - one for you and one opposite for the claimant (in a U shape) The Judge will read thru the details on the SD and your application and ask you questions about your application - bear in mind that the court would NOT appoint a hearing unless they felt you had a reason to ask for the set aside (just a confidence boost but it all helps bolster your self esteem for when you attend!) Another thing - you have the benefit of doubt from the court! and they do not expect you to have a legal background! They do however, expect you to evidence your application in a proper manner - ie have all your paperwork referenced and supply as you talk about it. For instance, if you say X sent me these letters chasing the debt and I replied with this letter -then give them the letter, but dont make it too long winded, just stick to the points you make as to why the set aside should be given and provide evidence if you have it! Always be respectful when talking to the judge ie. address as Sir or Madam, and be polite - dont interupt and listen carefully to what is said. I was in my hearing for 10 minutes and had no problems except my costs werent awarded as I had requested because I didnt take the receipts with me DOH! also as im not working she wouldnt award me full time spent - and just gave me £50 quid costs The judge will make a judgement and state their reasons - which is a bit like theyre talking to themselves lol
Dont think theres anything else except Good Luck.There are many ways to achieve the same result - careful consideration and planning are the key to getting the result that you want!
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