Legal Help Needed (taking LA to court?)
Discussion
It means the court has dismissed their defence, as it isn't actually a defence. It has given them 7 days to get a new one sorted or say why they believe it is a defence.
So, basically, the court only has your side of the story and has dismissed theirs. They best get it sorted if they want to win.
So, basically, the court only has your side of the story and has dismissed theirs. They best get it sorted if they want to win.
Timsta,
Thanks. Very helpful.
As it is, the letter is dated 25th Sept, and I only got it today (30th).
Given that it took the council 5 months to tell me who planted a tree, the odds of them constructing a decent defence in 7 days are short, I suspect, but we'll see what comes of it.
It's a drawn-out old process, isn't it!
Thanks again for your help. I'll keep this thread updated as I learn more. (Should anyone be at all interested.)
Oli.
Thanks. Very helpful.
As it is, the letter is dated 25th Sept, and I only got it today (30th).
Given that it took the council 5 months to tell me who planted a tree, the odds of them constructing a decent defence in 7 days are short, I suspect, but we'll see what comes of it.
It's a drawn-out old process, isn't it!
Thanks again for your help. I'll keep this thread updated as I learn more. (Should anyone be at all interested.)
Oli.
You would have thought that they could use simple language when dealing with a non-lawyer.....OK, keeping this thread up to date as I said I would. Not that anyone is particularly interested, I don't suppose ... !
I had heard nothing back from the court or from the local council further to my last post (namely, that on the 15th September the defence had been struck out.) I was expecting them to write to tell me whether a new defence had been offered, but they didn't.
So I called them. (Spent 36 minutes in a queue to talk to someone!) And have been told that I need to complete a form that came with the original application I made to court, asking for a judgement to be made in my favour immediately. Apparently, I have made an accusation and the local authority have failed to defend it, but the courts don't make a judgement without being asked. If I ask for a judgement to be made, it will be made - no further stages to go through.
Of course, having a judgement isn't the end of the process. I then need to get the local authority to pay ... if they don't, the court will 'enforce it'.
So, that's the story. The nice lady on the telephone was very helpful, and explained that I can also claim interest at 8% between the date the case was issued and the date I ask for the judgement. She advised that, seeing as it is Christmas, I should wait until January before writing to ask for the judgement, as they are closing for Christmas and therefore nothing would be done over this period anyway. And if I write later then I can claim a few quid more interest.
So, it's not success yet, but it looks like progress.
Thanks again for your input and advice chaps.
Oli.
I had heard nothing back from the court or from the local council further to my last post (namely, that on the 15th September the defence had been struck out.) I was expecting them to write to tell me whether a new defence had been offered, but they didn't.
So I called them. (Spent 36 minutes in a queue to talk to someone!) And have been told that I need to complete a form that came with the original application I made to court, asking for a judgement to be made in my favour immediately. Apparently, I have made an accusation and the local authority have failed to defend it, but the courts don't make a judgement without being asked. If I ask for a judgement to be made, it will be made - no further stages to go through.
Of course, having a judgement isn't the end of the process. I then need to get the local authority to pay ... if they don't, the court will 'enforce it'.
So, that's the story. The nice lady on the telephone was very helpful, and explained that I can also claim interest at 8% between the date the case was issued and the date I ask for the judgement. She advised that, seeing as it is Christmas, I should wait until January before writing to ask for the judgement, as they are closing for Christmas and therefore nothing would be done over this period anyway. And if I write later then I can claim a few quid more interest.
So, it's not success yet, but it looks like progress.
Thanks again for your input and advice chaps.
Oli.
zcacogp said:
OK, keeping this thread up to date as I said I would. Not that anyone is particularly interested, I don't suppose ... !
I had heard nothing back from the court or from the local council further to my last post (namely, that on the 15th September the defence had been struck out.) I was expecting them to write to tell me whether a new defence had been offered, but they didn't.
So I called them. (Spent 36 minutes in a queue to talk to someone!) And have been told that I need to complete a form that came with the original application I made to court, asking for a judgement to be made in my favour immediately. Apparently, I have made an accusation and the local authority have failed to defend it, but the courts don't make a judgement without being asked. If I ask for a judgement to be made, it will be made - no further stages to go through.
Of course, having a judgement isn't the end of the process. I then need to get the local authority to pay ... if they don't, the court will 'enforce it'.
So, that's the story. The nice lady on the telephone was very helpful, and explained that I can also claim interest at 8% between the date the case was issued and the date I ask for the judgement. She advised that, seeing as it is Christmas, I should wait until January before writing to ask for the judgement, as they are closing for Christmas and therefore nothing would be done over this period anyway. And if I write later then I can claim a few quid more interest.
So, it's not success yet, but it looks like progress.
Thanks again for your input and advice chaps.
Oli.
Yep, sounds right. They didn't file a new defence. So now the court only has your side. I'd file for a judgement in the new year, (not forgetting to mention your 8% you're entitled to)I had heard nothing back from the court or from the local council further to my last post (namely, that on the 15th September the defence had been struck out.) I was expecting them to write to tell me whether a new defence had been offered, but they didn't.
So I called them. (Spent 36 minutes in a queue to talk to someone!) And have been told that I need to complete a form that came with the original application I made to court, asking for a judgement to be made in my favour immediately. Apparently, I have made an accusation and the local authority have failed to defend it, but the courts don't make a judgement without being asked. If I ask for a judgement to be made, it will be made - no further stages to go through.
Of course, having a judgement isn't the end of the process. I then need to get the local authority to pay ... if they don't, the court will 'enforce it'.
So, that's the story. The nice lady on the telephone was very helpful, and explained that I can also claim interest at 8% between the date the case was issued and the date I ask for the judgement. She advised that, seeing as it is Christmas, I should wait until January before writing to ask for the judgement, as they are closing for Christmas and therefore nothing would be done over this period anyway. And if I write later then I can claim a few quid more interest.
So, it's not success yet, but it looks like progress.
Thanks again for your input and advice chaps.
Oli.
The interest is calculated daily.
happy days.Hmm. I was going to resurrect this thread and see that it already has been. Different issue to the op, but I bookmarked this thread after I went through an epic pothole which blew out my tyre and buckled my alloy. Ended up ca. £1200 out of pocket and more than a little pissed off.
Basically I followed the advice here and it worked! Wrote to the Highways Division three times, requesting compensation. Got told to f
k off; offered to go to arbitration, got told to fk off again, then filed a claim using Moneyclaim online. And they paid my claim in full with no quibble, in fact I banked the cheque a couple of hours ago. To be honest I was dreading the palava of having to escalate it any further; the amount is too much to ignore, but too little to go to war over. I suspect the LA look at things the same way.
Good luck to the OP- don't quit and you won't lose.
Basically I followed the advice here and it worked! Wrote to the Highways Division three times, requesting compensation. Got told to f
k off; offered to go to arbitration, got told to fk off again, then filed a claim using Moneyclaim online. And they paid my claim in full with no quibble, in fact I banked the cheque a couple of hours ago. To be honest I was dreading the palava of having to escalate it any further; the amount is too much to ignore, but too little to go to war over. I suspect the LA look at things the same way. Good luck to the OP- don't quit and you won't lose.
Kevin,
Well done. Thanks for posting and it's good to hear a good outcome from a similar case. I'm glad it worked out for you.
While I certainly do NOT advocate claiming from your local council un-necessarily, I DO think it is a good thing that when the council causes problems (either by activity - in my case, or through inactivity - in your case, inactivity being not maintaining the roads) then they should be bought to book for it. I know a lot of people would have shrugged and coughed up for the windscreen themselves in a case like mine - I think that doing this condones and permits bad standards on behalf of the council, and is counter-productive in the long term.
I'll be filling in that form in the new year, and will keep people posted with what comes of it.
Oli.
Well done. Thanks for posting and it's good to hear a good outcome from a similar case. I'm glad it worked out for you.
While I certainly do NOT advocate claiming from your local council un-necessarily, I DO think it is a good thing that when the council causes problems (either by activity - in my case, or through inactivity - in your case, inactivity being not maintaining the roads) then they should be bought to book for it. I know a lot of people would have shrugged and coughed up for the windscreen themselves in a case like mine - I think that doing this condones and permits bad standards on behalf of the council, and is counter-productive in the long term.
I'll be filling in that form in the new year, and will keep people posted with what comes of it.
Oli.
I went through an enormous pothole on a country lane, bent two alloys and wrote to the local authority's highways department seeking compensation. They have passed it on to claims handlers so I'm hoping it will be a proper case of them assessing the damage and seeing receipts then paying me, rather than a long drawn out farce.
zcacogp said:
Kevin,
Well done. Thanks for posting and it's good to hear a good outcome from a similar case. I'm glad it worked out for you.
While I certainly do NOT advocate claiming from your local council un-necessarily, I DO think it is a good thing that when the council causes problems (either by activity - in my case, or through inactivity - in your case, inactivity being not maintaining the roads) then they should be bought to book for it. I know a lot of people would have shrugged and coughed up for the windscreen themselves in a case like mine - I think that doing this condones and permits bad standards on behalf of the council, and is counter-productive in the long term.
I'll be filling in that form in the new year, and will keep people posted with what comes of it.
Oli.
I don't know if it's allready been mentioned but doesn't your insurance have legal cover? for the costs.Well done. Thanks for posting and it's good to hear a good outcome from a similar case. I'm glad it worked out for you.
While I certainly do NOT advocate claiming from your local council un-necessarily, I DO think it is a good thing that when the council causes problems (either by activity - in my case, or through inactivity - in your case, inactivity being not maintaining the roads) then they should be bought to book for it. I know a lot of people would have shrugged and coughed up for the windscreen themselves in a case like mine - I think that doing this condones and permits bad standards on behalf of the council, and is counter-productive in the long term.
I'll be filling in that form in the new year, and will keep people posted with what comes of it.
Oli.
only asking as friend of the wife had similar problem last year and insurance legal team sorted it in her favour.
A few years ago I had a nice tie and expensive silk tie ruinned by the council binmen. The'd servied the hydraulic rams on the bin lorry and greased the joints. In fact they'd over-greased then and my bin was covered in the bloody stuff, which I discovered when I bent down to pick the bin up off the lawn where the council's oaf had hurled it. I think I got £80 off them, it was the principle really.
SJobson said:
I went through an enormous pothole on a country lane, bent two alloys and wrote to the local authority's highways department seeking compensation. They have passed it on to claims handlers so I'm hoping it will be a proper case of them assessing the damage and seeing receipts then paying me, rather than a long drawn out farce.
Deja vu! They will tell probably you to sod off Simon; my case was passed to the insurance section too, and the case was filed against them, not the Highways Dept. Same as you, I got the car repaired and sent them copies of receipts as well as photographs of the pothole in question. There were no other reports of damage from the same pothole and their final stance was that they could not be expected to know the condition of the roads and relied on members of the public to inform them. How likely is it that any of us have the time to note the size & location of these things then write/phone the council? That's when I knew they were taking the piss. So Oli; just don't quit OK?
I wouldn't advocate nailing the council will nilly either- in fact I've absorbed the cost of at least 3 tyres that got snagged on ragged bits of road. The alloy was £900 retail though, too much to ignore.
The moneyclaim bit is seriously fast- notice is served within a week and the defendent has to get their skates on or I believe they lose by default. Don't quote me on this, it's just the impression I got. I also get the impression that it's policy not to pay out unless you take them to court.
Chaps,
An update.
I wrote to the court asking them for judgement in default. And on the 16th February recieved a letter from them entitled "Judgement for Claimant (in default)". It states the following:
I have heard nothing from the council (defendant), so logged back on to the moneyclaim website to see how to progress the claim.
However, when I did so I was surprised to see that the claim is listed as "Halted", with the explanation "The judgment has been halted, this means that the status of the claim does not allow you to continue with your judgment".
What does this mean?
I've eMailed the court, and will call them tomorrow morning (they are only open from 10.00am to 4.00pm, and take forever to answer the 'phone.)
All advice welcome!
Oli.
An update.
I wrote to the court asking them for judgement in default. And on the 16th February recieved a letter from them entitled "Judgement for Claimant (in default)". It states the following:
letter said:
To the Defendant
You have not replied to the claim form.
It is therefore ordered that you must pay the claimant £901.59 for debt (and interest to date of judgement) and £60.00 for costs.
You must pay the claimant a totla of £961.59 forthwith."
It is dated the 12th February 2009. You have not replied to the claim form.
It is therefore ordered that you must pay the claimant £901.59 for debt (and interest to date of judgement) and £60.00 for costs.
You must pay the claimant a totla of £961.59 forthwith."
I have heard nothing from the council (defendant), so logged back on to the moneyclaim website to see how to progress the claim.
However, when I did so I was surprised to see that the claim is listed as "Halted", with the explanation "The judgment has been halted, this means that the status of the claim does not allow you to continue with your judgment".
What does this mean?
I've eMailed the court, and will call them tomorrow morning (they are only open from 10.00am to 4.00pm, and take forever to answer the 'phone.)
All advice welcome!
Oli.
Edited by zcacogp on Tuesday 10th March 17:55
Right, no answer to my last post. It turned out to be that the website is administered centrally from Northampton, but if the case is transferred to your local court (i.e. the other party contests it), the website is no longer updated. You need to call your local court to get information.
Judgement was in my favour, but that didn't mean that the council paid up. No, they ignored it. I contacted my local councillor to ask whether he could facilitate payment or whether I should apply to the court for enforcement (baliffs.) Councillor clearly contacted the department in question who passed the 'request' on to the contractor, asking them whether they 'wanted to pay the sum'.
Contractor contacted me, asking for details of the damage. (This was the first pro-active contact I had had from anyone about the case.) I explained to the contractor that the problem wasn't theirs - it was the councils, that I had judgement against the council and that I expected the council to pay.
Cutting a long story short, the contractor went back to the council and suggested they may like to pay before the baliffs knocked on their door.
So ... quite an explanation, but I had a payment for just over £960, into my bank account, today. (No apology, no words of concern or promises that it wouldn't happen again, just a payment.)
So, result. Many thanks for your input, it was appreciated. This whole sorry saga is now at a close, the original cost of the claim has increased by over 50% by the way the council mis-managed it, but I'm happy.
Job done. Thanks.
Oli.
Judgement was in my favour, but that didn't mean that the council paid up. No, they ignored it. I contacted my local councillor to ask whether he could facilitate payment or whether I should apply to the court for enforcement (baliffs.) Councillor clearly contacted the department in question who passed the 'request' on to the contractor, asking them whether they 'wanted to pay the sum'.
Contractor contacted me, asking for details of the damage. (This was the first pro-active contact I had had from anyone about the case.) I explained to the contractor that the problem wasn't theirs - it was the councils, that I had judgement against the council and that I expected the council to pay.
Cutting a long story short, the contractor went back to the council and suggested they may like to pay before the baliffs knocked on their door.
So ... quite an explanation, but I had a payment for just over £960, into my bank account, today. (No apology, no words of concern or promises that it wouldn't happen again, just a payment.)
So, result. Many thanks for your input, it was appreciated. This whole sorry saga is now at a close, the original cost of the claim has increased by over 50% by the way the council mis-managed it, but I'm happy.
Job done. Thanks.
Oli.
Your local paper might be interested in running a story, they love anything like this, council inaction and incompetence, ignoring the taxpayer, wasting money etc. Make sure you have a printout of your judgement for the photos, practice your "annoyed face", and wash the car.
Edited by g_attrill on Thursday 2nd April 03:59
456mgt said:
SJobson said:
I went through an enormous pothole on a country lane, bent two alloys and wrote to the local authority's highways department seeking compensation. They have passed it on to claims handlers so I'm hoping it will be a proper case of them assessing the damage and seeing receipts then paying me, rather than a long drawn out farce.
Deja vu! They will tell probably you to sod off Simon; my case was passed to the insurance section too, and the case was filed against them, not the Highways Dept. Same as you, I got the car repaired and sent them copies of receipts as well as photographs of the pothole in question. There were no other reports of damage from the same pothole and their final stance was that they could not be expected to know the condition of the roads and relied on members of the public to inform them. How likely is it that any of us have the time to note the size & location of these things then write/phone the council? That's when I knew they were taking the piss. So Oli; just don't quit OK?
I wouldn't advocate nailing the council will nilly either- in fact I've absorbed the cost of at least 3 tyres that got snagged on ragged bits of road. The alloy was £900 retail though, too much to ignore.
The moneyclaim bit is seriously fast- notice is served within a week and the defendent has to get their skates on or I believe they lose by default. Don't quote me on this, it's just the impression I got. I also get the impression that it's policy not to pay out unless you take them to court.
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