County court hearing - three days' notice
Discussion
We've just received notice of a county court hearing listing us as defendants, which was posted on 30 March for a hearing on Wednesday. This is the first time they've contacted us about it.
I explained to court staff that we're not able to attend on that date due to work commitments, and that I wish to have the case transferred to my local court. The district judge ignored it, and said the hearing will go ahead regardless. They say they're perfectly entitled to list a hearing without giving me sufficient notice to prepare a defence or appoint a representative.
This is absurd, surely?
In case you're wondering, the claim is being made by a vindictive old neighbour, who has access over our farm tracks, and refuses to open a gate. She wants us to remove the gate and resurface the track, although nothing in the deeds give her anything other than access. It's - in our eyes - a case completely lacking in merit. Not least due to the fact that we have photos of them using the access...
Any advice, please?
I explained to court staff that we're not able to attend on that date due to work commitments, and that I wish to have the case transferred to my local court. The district judge ignored it, and said the hearing will go ahead regardless. They say they're perfectly entitled to list a hearing without giving me sufficient notice to prepare a defence or appoint a representative.
This is absurd, surely?
In case you're wondering, the claim is being made by a vindictive old neighbour, who has access over our farm tracks, and refuses to open a gate. She wants us to remove the gate and resurface the track, although nothing in the deeds give her anything other than access. It's - in our eyes - a case completely lacking in merit. Not least due to the fact that we have photos of them using the access...
Any advice, please?
Spoonman said:
We've just received notice of a county court hearing listing us as defendants, which was posted on 30 March for a hearing on Wednesday. This is the first time they've contacted us about it.
I explained to court staff that we're not able to attend on that date due to work commitments, and that I wish to have the case transferred to my local court. The district judge ignored it, and said the hearing will go ahead regardless. They say they're perfectly entitled to list a hearing without giving me sufficient notice to prepare a defence or appoint a representative.
This is absurd, surely?
In case you're wondering, the claim is being made by a vindictive old neighbour, who has access over our farm tracks, and refuses to open a gate. She wants us to remove the gate and resurface the track, although nothing in the deeds give her anything other than access. It's - in our eyes - a case completely lacking in merit. Not least due to the fact that we have photos of them using the access...
Any advice, please?
Send a factual, dispassionate letter explaining your defence to the claim, and stating the very short notice.I explained to court staff that we're not able to attend on that date due to work commitments, and that I wish to have the case transferred to my local court. The district judge ignored it, and said the hearing will go ahead regardless. They say they're perfectly entitled to list a hearing without giving me sufficient notice to prepare a defence or appoint a representative.
This is absurd, surely?
In case you're wondering, the claim is being made by a vindictive old neighbour, who has access over our farm tracks, and refuses to open a gate. She wants us to remove the gate and resurface the track, although nothing in the deeds give her anything other than access. It's - in our eyes - a case completely lacking in merit. Not least due to the fact that we have photos of them using the access...
Any advice, please?
Or take a day off work.
TooMany2cvs said:
1. Send a factual, dispassionate letter explaining your defence to the claim, and stating the very short notice.
2. Or take a day off work.
1. Unless you don't care about the result, extremely poor advice.2. Or take a day off work.
2. Do this and attend court.
ETA: The OP's story is clearly devoid of a few facts.
Edited by agtlaw on Friday 1st April 17:59
agtlaw said:
1. Unless you don't care about the result, extremely poor advice.
2. Do this and attend court.
ETA: The OP's story is clearly devoid of a few facts.
How many facts do you want, exactly? You want a copy of the title deeds?2. Do this and attend court.
ETA: The OP's story is clearly devoid of a few facts.
Edited by agtlaw on Friday 1st April 17:59
I don't have the kind of job that can just take a day off work. Major motor manufacturers don't move things around on a whim.
It's called a 'hearing of the claim form.'
I've spent the best part of today trying to deal with the court office. The delivery manager told me, "This hearing is a preliminary one, to discuss the issues in the case and decide what has to be done in readiness for the full hearing."
The form came with a scrap of photocopied paper as a defence form and particulars of claim. No guidance notes, no calendar of availability, nothing to make a counter-claim, not even the attachments listed in the particulars. I feel like I'm being stitched up.
I've spent the best part of today trying to deal with the court office. The delivery manager told me, "This hearing is a preliminary one, to discuss the issues in the case and decide what has to be done in readiness for the full hearing."
The form came with a scrap of photocopied paper as a defence form and particulars of claim. No guidance notes, no calendar of availability, nothing to make a counter-claim, not even the attachments listed in the particulars. I feel like I'm being stitched up.
Is this some request for an injunction or similar?ie for you do do something specific? I cant imagine it is a claim for money damages as that would need you to file a defence first,then have a trial(unlesss they have already got a judgment in default as you did not serve a defence/receive the original claim,and this hearing is to assess the amount they get)
Sort notice would suggest an injuction type claim
Sort notice would suggest an injuction type claim
Spoonman said:
We've just received notice of a county court hearing listing us as defendants, which was posted on 30 March for a hearing on Wednesday. This is the first time they've contacted us about it.
Spoonman said:
We've been contacted by a series of solicitors but the last time was early Jan. We thought they'd gone away...
Hamish Finn said:
Spoonman said:
We've just received notice of a county court hearing listing us as defendants, which was posted on 30 March for a hearing on Wednesday. This is the first time they've contacted us about it.
I'm guessing in this instance, the OP is talking about the Court, rather than solicitors.Spoonman said:
We've been contacted by a series of solicitors but the last time was early Jan. We thought they'd gone away...
OP, call in sick on the court date and attend the hearing. You will at least know more then than you do at the moment. But before that, you'll need to give us all the information you have, including the past correspondence, if you realistically expect people on here to be able to offer any meaningful and useful advice.
Roo said:
Spoonman said:
I don't have the kind of job that can just take a day off work. Major motor manufacturers don't move things around on a whim.
You're right, they don't. Call in sick. I'm sure they'll cope without you for one day.
"Sorry, won't be in this mornings, two bob bits coming out of both ends"
"That fine we wouldn't want any mess on the new interiors"
Unless things have drastically changed, you'd get served with the Claim Form and Particulars of Claim. You get 14 days to acknowledge service of said documents. If that's done, you get a further 14 days to file your Defence then directions with a timetable leading to trial.
It could be possible that a pro active Judge seeing that the claim is void of any merit has called for this "Hearing of the Claim Form" just to chuck it out at an early stage to avoid wasting the Court's time.
It could be possible that a pro active Judge seeing that the claim is void of any merit has called for this "Hearing of the Claim Form" just to chuck it out at an early stage to avoid wasting the Court's time.
Hamish Finn said:
Spoonman said:
We've just received notice of a county court hearing listing us as defendants, which was posted on 30 March for a hearing on Wednesday. This is the first time they've contacted us about it.
Spoonman said:
We've been contacted by a series of solicitors but the last time was early Jan. We thought they'd gone away...
Try reading the two distinctly unrelated phrases you've highlighted.
Perhaps you don't understand the legal system, but courts and solicitors are not one and the same.
Vroom101 said:
And I'm guessing in this instance, the OP has buried his head in the sand, rather than dealing with the situation as it happened.
OP, call in sick on the court date and attend the hearing. You will at least know more then than you do at the moment. But before that, you'll need to give us all the information you have, including the past correspondence, if you realistically expect people on here to be able to offer any meaningful and useful advice.
You couldn't be more wrong.OP, call in sick on the court date and attend the hearing. You will at least know more then than you do at the moment. But before that, you'll need to give us all the information you have, including the past correspondence, if you realistically expect people on here to be able to offer any meaningful and useful advice.
I exchanged many letters with the neighbours' solicitors - eventually, last year, telling the most recent solicitors to stop harassing me; if they thought the had a case they should file it.
The case was filed a few days ago and paperwork was posted to me by the court on 30 March 2016. This is for a hearing on 6 April 2016.
KungFuPanda said:
Unless things have drastically changed, you'd get served with the Claim Form and Particulars of Claim. You get 14 days to acknowledge service of said documents. If that's done, you get a further 14 days to file your Defence then directions with a timetable leading to trial.
It could be possible that a pro active Judge seeing that the claim is void of any merit has called for this "Hearing of the Claim Form" just to chuck it out at an early stage to avoid wasting the Court's time.
Thanks for understanding.It could be possible that a pro active Judge seeing that the claim is void of any merit has called for this "Hearing of the Claim Form" just to chuck it out at an early stage to avoid wasting the Court's time.
I also understand I should get 14 days to acknowledge or file a defence. Indeed, the sheet of paper I received from the court told me any application for adjournment must be made at least 14 days prior to the hearing. This is on paperwork that they posted four days before the hearing.
Your thoughts on the without-merit bit is good. We'd still expect the judge to want to hear both sides, though, surely...
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