Small claim missed date

[Flynnboy2007]

I have received a letter today (28th Nov) that was sent by the court on 26th Nov telling me my small claim hearing date was at 10am on 27th Nov. I will phone the court on Mon morning, but I was just looking for some advice as to what to do as this is quite worrying. I am the defendant in the case. Thanks

[Amethyst]

Re: Small claim missed date

Is this related to this thread http://www.legalbeagles.info/forums/...217#post580217 ? My apologies that no one replied to your thread at the time

I hope it is a typo on the part of the court and it is meant to be 27th January or something - if the letter is dated 26th November then you should be absolutely fine telling the court there is no way you could have received the letter and attended court and they should set aside any judgment if that has happened, but hopefully it is just a cock up typo. Not really a lot else you can do until you have spoken to the court and know the situation, but if the hearing did go ahead without you and the other party attended ( although it's unlikely as they'd have been notified at the same time as you) you should be able to set it aside and revert.

[Flynnboy2007]

Re: Small claim missed date

Thanks for the reply. The 26th nov is within a set of dates that we said one of our witnesses wouldnt be available, so i hope it is a typo.
Thanks again

[Amethyst]

Re: Small claim missed date

On the order for the hearing date is there also details of submitting a witness statement and documents on which you intend to rely ? ( usually this is just 14 days before the hearing but occasionally they give a specific date )

[Flynnboy2007]

Re: Small claim missed date

Hi yes it says documents to be sent to all parties 14 days prior to the hearing. Then it gives details of what is needed in a witness statement.
Last week we had a letter stating the clsimant had missed the date for filing the directions questionnaire and it must be submitted by 25th nov or the claim would be struck off. We havent had a copy if his directions questionnaire (we sent ours to him), so we were hopeful it would be struck off. Then we got this letter. We havent had any communication from him, no particulars of claim or anything. There was one line on the original form that stated monies owed for work. This was 5 years after the claimant left our garden in a complete mess. We sent a defence pack full of photos, letters, etc to dhow why we hadnt paid and how we tried to settle on a reduced payment. We even gave him a cheque that he never cashed. This has been very stressful
Thanks for your help

[Amethyst]

Re: Small claim missed date

Okay It sounds like you do have a decent case.

You know originally when he gave you a quote, did that specify the type of stones to be used for the edging ?

Many of these kind of claims do seem to be just bunged into court in the hope that the sight of a claim form will make you just pay up, and the claimants get a bit confused when you actually defend.

The photo's letters etc would go with the witness statement more than with the defence but it is fine you sent it with the defence but you might have to duplicate some of that work. Let us know what court say on Monday and we can have a look at the defence and see if anything needs bolstering up legally wise in the witness statement.

[Flynnboy2007]

Re: Small claim missed date

Thank you that would be a great help.
He quoted for granite sets as edging and then laid a load of cut up indian stone flags and other bits of cut up stone. None of it matched or was laid with any care. He said he couldnt afford the granite sets within the original quote he had sent. He laid a patio that we tried to pay for using our estimated figures as he wouldnt break any of the costs down and he demanded full payment. He damaged the lawn he had laid by leaving a cement mixer on it and dropping cement. He tried to blame our dogs for the damage. We told him not to carry out anymore work and remove his stuff. He did this ehile we were at work and patched the lawn were he had damaged it causing an even bigger mess. We have photos of all stages and damage. We just want this nightmare to be over!

[Flynnboy2007]

Re: Small claim missed date

Hi
I have phoned the court today and they have said the date must be wrong and they will send a new date.
The court also said that the claimant had filed his directions questionnaire and particulars of the claim. We haven't received either of these, so the court told me to e mail the request for the documents to be sent to us. Does that mean if the court havent sent his documents to us, they haven't sent ours to him?
The directions questionnaire we sent him by recorded delivery at the beginning of Nov is still sitting with the po as he hasnt picked it up. This was part of the issue we had with him 5 years ago. He wouldn't pick up letters from the po and he wouldnt respond to hand delivered letters.
We are at the end of our tether with this and the stress is awful, so any help you can offer would be gratefully received
Thanks

[nemesis45]

Re: Small claim missed date

Hi
I have phoned the court today and they have said the date must be wrong and they will send a new date.
The court also said that the claimant had filed his directions questionnaire and particulars of the claim. We haven't received either of these, so the court told me to e mail the request for the documents to be sent to us. Does that mean if the court havent sent his documents to us, they haven't sent ours to him?
The directions questionnaire we sent him by recorded delivery at the beginning of Nov is still sitting with the po as he hasnt picked it up. This was part of the issue we had with him 5 years ago. He wouldn't pick up letters from the po and he wouldnt respond to hand delivered letters.
We are at the end of our tether with this and the stress is awful, so any help you can offer would be gratefully received
Thanks

Did you send a copy of your DQ to the court?4
Get a " paper" proof that he has not bothered to
collect signed for post all this can be used against
him.
Do as the court suggested and request/require him
to send the documents within 3 working days, and
remind him the court is aware of his non compliance
Then you have done all you can.

nem

[Flynnboy2007]

Re: Small claim missed date

Did you send a copy of your DQ to the court?4
Get a " paper" proof that he has not bothered to
collect signed for post all this can be used against
him.
Do as the court suggested and request/require him
to send the documents within 3 working days, and
remind him the court is aware of his non compliance
Then you have done all you can.

nem

Hi
So as well as asking the court for the documents I should write to the claimant as well? Should I post recorded again and just wait to see if he picks up. The tracking info from the po just says its in their system after nearly a month. If a letter has been delivered or picked up the tracking states this. Would a copy of the computer screen be enough to show he hasnt picked up.
Thanks

[Flynnboy2007]

Re: Small claim missed date

Hi yes I sent a copy of DQ to court and the claimant

[Flynnboy2007]

Re: Small claim missed date

Hi
We finally got a date for our hearing on 11th May, but our witness is out of the country on business. This date is outside of the 6 months that the directions questionaire ask for dates unable to attend. What should we do about our witness?
Thanks

[Kati]

Re: Small claim missed date

:bump: for [MENTION=55034]nemesis45[/MENTION] ... any ideas??

[nemesis45]

Re: Small claim missed date

Hi
We finally got a date for our hearing on 11th May, but our witness is out of the country on business. This date is outside of the 6 months that the directions questionaire ask for dates unable to attend. What should we do about our witness?
Thanks

Contact the court first of all, explain the situation that the hearing date is as you say outside the timescale on the questionnaire they should cooperate make sure you have available dates to hand.

nem