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Following a non-fault accident last year I was given a hire car (through a claims management company) whilst mine was being repaired. The other party disputed the cost of the hire car and the case ended up in court. I fully co-operated throughout. I was given a court date but each letter from the CMC started with a phrase along the lines of 'don't worry these claims almost always settle out of court'. By the date I had not heard from the CMC for 2 months and no hearing pack was received or any contact for a 'court briefing'. I did not receive the Teams link from the court either. I had been given a time of 10am.
At 1015 I went to work - No contact for 2 months, no pre-hearing briefing, no hearing pack, no email from court.
Shortly thereafter the case handler called home and spoke to my wife asking my whereabouts. She explained I had gone to work.
I am now being billed by the CMC as the case was "struck out' by the judge.
My wife was not given the opportunity to contact me at work to conduct the hearing from there. Apparently an email was sent (which they sent to me subsequently, with the correct email address and timestamp showing) containing the hearing pack, that I did not receive. No idea what happened to the court email with the hearing link.
I say I could have been part of the hearing had they allowed my wife time to contact me at work. I fully complied throughout. Since no emails for two months before the hearing and no telephone contact and 10am had passed I assumed case settled.
They say since no email expressly informing that case had settled I was liable for not co-operating.
I say the terms of the agreement were that I co-operate in the case which I did.
Am I completely wrong or do I have a defence?
Thank you
At 1015 I went to work - No contact for 2 months, no pre-hearing briefing, no hearing pack, no email from court.
Shortly thereafter the case handler called home and spoke to my wife asking my whereabouts. She explained I had gone to work.
I am now being billed by the CMC as the case was "struck out' by the judge.
My wife was not given the opportunity to contact me at work to conduct the hearing from there. Apparently an email was sent (which they sent to me subsequently, with the correct email address and timestamp showing) containing the hearing pack, that I did not receive. No idea what happened to the court email with the hearing link.
I say I could have been part of the hearing had they allowed my wife time to contact me at work. I fully complied throughout. Since no emails for two months before the hearing and no telephone contact and 10am had passed I assumed case settled.
They say since no email expressly informing that case had settled I was liable for not co-operating.
I say the terms of the agreement were that I co-operate in the case which I did.
Am I completely wrong or do I have a defence?
Thank you
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