Law on Hearing of Application.

[The Tinkerman]

Received letter early last December for a Hearing of Application in Jan 2010 but that was IT! No notice of application was ever sent to me either by Claimant or the Court
even though I had requested it on several occasions.

It finally arrived from the Court on the Saturday before the Hearing was due to take place the following Tuesday hence I was given no time in which to form a defence.

I tried to get the hearing transferred to my local Court or at least get it adjourned given the circumstances but to no avail and the order for the Claimant to be substituted was granted in my absence.

Is It right that they can just submit their application and witness statement to you on the last minute like that and just leave you in the dark as to what the Hearing is about and then give you no time in which to form a defence.

Any thoughts please.

[Guest]

Re: Law on Hearing of Application.

Do you know why you are being sued?

[The Tinkerman]

Re: Law on Hearing of Application.

I knew who the Claimant was on the letter for Hearing, that they where the DCA whom bought this CCJ back in 2002, my payments are bang up to date, always have been and that they state statutory interest is being applied, if that is what you mean.

But surely your still entitled to know first WHAT the Hearing is appertaining to
and secondly you are given time to form a defence base on what is in their Application!

[Amethyst]

Re: Law on Hearing of Application.

Relevant CPRs clue on summary judgment applications;


(3) Where a summary judgment hearing is fixed, the respondent (or the parties where the hearing is fixed of the court’s own initiative) must be given at least 14 days’ notice of –
(a) the date fixed for the hearing; and

(b) the issues which it is proposed that the court will decide at the hearing.


(4) A practice direction may provide for a different period of notice to be given.

(Part 23 contains the general rules about how to make an application)
(Rule 3.3 applies where the court exercises its powers of its own initiative)



GENERAL


CPR 23


Giving notice of an application

4.1

Unless the court otherwise directs or paragraph 3 or paragraph 4.1A of this practice direction applies the application notice must be served as soon as practicable after it has been issued and, if there is to be a hearing, at least 3 clear days before the hearing date (rule 23.7(1)(b)).


Para 3 -

Applications without service of application notice

3

An application may be made without serving an application notice only:
(1) where there is exceptional urgency,

(2) where the overriding objective is best furthered by doing so,

(3) by consent of all parties,

(4) with the permission of the court,

(5) where paragraph 2.10 above applies, or

(6) where a court order, rule or practice direction permits.




4.1A is irrelevant ref telephone hearings

[The Tinkerman]

Re: Law on Hearing of Application.

So basically Ame
if I am reading the above correctly,

The Judge had no right granting that Order for the Claimant to be substituted!

Especially as from the day I received the letter with the Hearing date I emailed the Court, sent letters, and rang them on several occasions asking them both what this Hearing was concerning and for it to be transferred to a local Court only to receive the claimants application 1 working day before the Hearing date.