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Set Aside Telephone Hearing

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  • #16
    Re: Set Aside Telephone Hearing

    Originally posted by PlanB View Post
    Since this is Lowells I would encourage you to screw them for every penny and more
    With an extra strong condom, presumably? :rofl:

    Comment


    • #17
      Re: Set Aside Telephone Hearing

      Originally posted by PlanB View Post
      Did the court give you any reason for the adjournment? It better be a good one out:

      Keep a note of the time and effort you've put into this set-aside application because you may be able to claim your costs from the opponent if you're successful. Even though you are a Litigant In Person you can still charge about £18 per hour. Since this is Lowells I would encourage you to screw them for every penny and more
      no, no reason at all. I never spoke to the judge just the woman on the phone.
      all she said is it wont go against me, and the judge wants to adjourn it :s
      I dont know if it was BC or the court that chose telephone conference, but I ticked in person on the n244.

      Comment


      • #18
        Re: Set Aside Telephone Hearing

        Originally posted by CleverClogs View Post
        With an extra strong condom, presumably? :rofl:
        can I claim for that also? :P

        Comment


        • #19
          Re: Set Aside Telephone Hearing

          Originally posted by matmidgley View Post
          no, no reason at all. I never spoke to the judge just the woman on the phone.
          all she said is it wont go against me, and the judge wants to adjourn it :s
          I dont know if it was BC or the court that chose telephone conference, but I ticked in person on the n244.
          If it was me, unless there's a reason why you are unable to attend, I would opt to do it in person rather than over the phone. Much easier to put forward arguments, show documents, etc.

          As Plan B says above, you should make a note of all the time you have wasted because of them, such as taking time off work to be at home for the telephone hearing, prepare for it, do research, etc. :thumb::thumb::thumb::thumb:

          Comment


          • #20
            Re: Set Aside Telephone Hearing

            anyone know what this means?

            received the letter this morning form the court

            IT IS ORDERED THAT
            1. The application be re-listed to 20th June 2013 at 10:10 am - then location
            2. No order as to costs.

            are they saying I cannot claim costs??

            Comment


            • #21
              Re: Set Aside Telephone Hearing

              Originally posted by matmidgley View Post
              anyone know what this means?

              received the letter this morning form the court

              IT IS ORDERED THAT
              1. The application be re-listed to 20th June 2013 at 10:10 am - then location
              So you're getting a proper hearing in person rather than a telephone hearing? That sounds positive!
              Originally posted by matmidgley View Post
              2. No order as to costs.

              are they saying I cannot claim costs??
              This means neither party will obtain any costs from the other side in relation to the hearing or any work done preparing for it.

              Comment


              • #22
                Re: Set Aside Telephone Hearing

                Originally posted by FlamingParrot View Post
                So you're getting a proper hearing in person rather than a telephone hearing? That sounds positive!
                This means neither party will obtain any costs from the other side in relation to the hearing or any work done preparing for it.
                Annoying as I have to take time off work again when it was not my fault. And its still a telephone hearing it just says it in a different section. Makes me think they siding with dca

                Comment


                • #23
                  Re: Set Aside Telephone Hearing

                  No, this is pretty standard. Don't try to second guess the outcome -read it as positive and be ready for a fight. Get all your arguments ready and rehearsed. Try to think of funny moves thrown against you and be prepared to counter-argue. a look at BAIILI might be advised - search for cases which include time-barred debts or similar.

                  Comment


                  • #24
                    Re: Set Aside Telephone Hearing

                    Well the second hearing was 10.10am this morning and no phone call again, been in touch with the court and am waiting on a call back from the judge

                    Comment


                    • #25
                      Re: Set Aside Telephone Hearing

                      ok, had a call from the judge.
                      It has been set aside, no costs awarded.
                      now i need help with putting in a defence by the 11 July

                      Comment


                      • #26
                        Bryan Carter CCJ Set Aside, Now need help with Defence

                        Hi,
                        The CCJ was set aside this morning (Bryan Carter did not organise a telephone conference on 2 occasions)
                        whilst on the phone to the Judge he said I will need to file a defence by the 11th of July, Will I recieve paperwork which I must reply to or do I just need to send in my defence?
                        Also I have no idea on how to format a defence, is there a guide?

                        Comment


                        • #27
                          Re: Bryan Carter CCJ Set Aside, Now need help with Defence

                          Hi Mat,

                          what eveidennce of their claim have they supplied?

                          You need to get them to supply the creduit agreement they rely on and statements etc to show the alleged debt


                          Who was the debt with originally?
                          Was it more than 6 years ago?

                          Comment


                          • #28
                            Re: Bryan Carter CCJ Set Aside, Now need help with Defence

                            Originally posted by ncf355 View Post
                            Hi Mat,

                            what eveidennce of their claim have they supplied?

                            You need to get them to supply the creduit agreement they rely on and statements etc to show the alleged debt


                            Who was the debt with originally?
                            Was it more than 6 years ago?
                            Some details on previous thread - http://www.legalbeagles.info/forums/...ephone-Hearing
                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb


                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.


                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick

                            Comment


                            • #29
                              Re: Bryan Carter CCJ Set Aside, Now need help with Defence

                              Originally posted by ncf355 View Post
                              Hi Mat,

                              what eveidennce of their claim have they supplied?

                              You need to get them to supply the creduit agreement they rely on and statements etc to show the alleged debt


                              Who was the debt with originally?
                              Was it more than 6 years ago?
                              I dont know what they have supplied yet, I called the court this afternoon for a copy of the original claim form with the POC.
                              then il follow that up with a CPR to BC.
                              once I know more il post here

                              Comment


                              • #30
                                Re: Bryan Carter CCJ Set Aside, Now need help with Defence

                                quick question, do u need to send off a fee with a CPR request?

                                Comment

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