What should I do ?

[pubrunner]

Hi All,

I'm in urgent need of advice, so prompt responses would be much appreciated.

The hearing for the case in which I'm the Claimant is meant to be this Friday - 22nd February.

Today (19th February) , I've just had a letter from the Court, stating that the Defendent is unable to attend on the 22nd Feb, due to ill- health and the fact that it is their child's half-term, and in view of this, they (the defendant) would either like the date to be changed, or moved to a court closer to their home.

I've been given 48 hours to make a response - which would take me to Thursday - the day before the hearing.

For what it is worth, I booked a day off work many weeks ago . . . and it is also half-term for my son.

I spoke to the court just last week, to check the parking arrangements; I asked if the defendant had submitted any documentation to the court (as I haven't had a copy from them) and it appears that they've not had anything from the defendant either.  (My documentation was submitted last year - as requested by the court).

I have to notify the court in 48 hours - will it make me appear unreasonable, if I say that I won't shift the date ?

??????????????What should I do ?

Edited by pubrunner on Tuesday 19th February 11:45

[CAPP0]

Have I missed the thread where you tell us what the case is about, the background, who the defendant is, what the value is, how long this has been running, what your part in the situation is, etc etc? Otherwise I have not the first idea how you should proceed.

[pubrunner]

CAPP0 said:

Have I missed the thread where you tell us what the case is about, the background, who the defendant is, what the value is, how long this has been running, what your part in the situation is, etc etc? Otherwise I have not the first idea how you should proceed.

The case has been running since last March; the Defendant has repeatedly 'stalled' progress - with 'lost' and late documentation. I was actually told that I'd 'won' the case by MoneyClaim, but they got that overturned by saying that documentation was 'lost'.

I received documentation in November that the case would be heard this friday; I've complied with all the documentation requests - unlike the defendant.

Edited by pubrunner on Tuesday 19th February 12:48

[MB140]

How very convenient for him to fall ill 4 days before he is due in court when he hasn’t filed all the correct paperwork.

As for it being half term whoop dedoo, same for loads of other people.

I’m not a legal person so don’t take my advice but I would be inclined to politely point all this out to the court including the length of time he has had to fill out the paperwork and be inclined to say no.

Again I’m not a legal person so don’t take my advice but it’s how I would feel about it.

[hutchst]

If it was me, I would reply that you have already made arrangements to attend, including booking a day holiday from work that can't be undone at short notice, so you will lose a day's pay whatever happens (put a figure on it), but say that you will comply with whatever directions the court/judge make.

[pubrunner]

Thank you for all the replies, folks - much appreciated.

Just wondering, in such circumstances, can the judge order that the date be changed - to ensure 'fairness' ?.

As I've already mentioned, they've not actually submitted any documentation yet, so I'm not sure that their absence would make such a difference.

[PAULJ5555]

How much ill?

What does the court think is reasonable to pospone.

[pubrunner]

PAULJ5555 said:

How much ill?

Almost certainly, not ill at all - the letter states that they would be able to attend - if the case is held at a court closer to where they live.

They've known about the case for months and they've also known the dates of school holidays. They've known about the court hearing, they should either get a lawyer or attend.

[CAPP0]

When I made a claim via MCOL, the defendant didn't submit papers or a defence, nor turned up at court, and it pretty much defaulted in my favour as a result.

[syl]

I assume as you’re asking here (and not your solicitor) that this is a small claim. I thought the defendant always had the opportunity in such cases to move the case to their local court.

[pubrunner]

syl said:

I assume as you’re asking here (and not your solicitor) that this is a small claim. I thought the defendant always had the opportunity in such cases to move the case to their local court.

Yes, this is a small claim.

I think that I'm correct, that the defendant only has the opportunity to move the case to their local court when they (the defendant) is an individual; in this case, the defendant is a company.

[Monkeylegend]

pubrunner said:

Almost certainly, not ill at all - the letter states that they would be able to attend - if the case is held at a court closer to where they live.

For the sake of not cancelling, and it probably sticks in the gut a bit, but would it not be to your benefit to make the journey to a court closer to them if it means your case gets heard.

It can only be in your favour to make an effort to to this.

It also calls their bluff. If they then state they still can't attend you know they are deliberately trying to put off the hearing and presumably the courts would maybe think this as well.

Could they hear the case without them present ?

[Graveworm]

pubrunner said:

Hi All,

I'm in urgent need of advice, so prompt responses would be much appreciated.

The hearing for the case in which I'm the Claimant is meant to be this Friday - 22nd February.

Today (19th February) , I've just had a letter from the Court, stating that the Defendent is unable to attend on the 22nd Feb, due to ill- health and the fact that it is their child's half-term, and in view of this, they (the defendant) would either like the date to be changed, or moved to a court closer to their home.

I've been given 48 hours to make a response - which would take me to Thursday - the day before the hearing.

For what it is worth, I booked a day off work many weeks ago . . . and it is also half-term for my son.

I spoke to the court just last week, to check the parking arrangements; I asked if the defendant had submitted any documentation to the court (as I haven't had a copy from them) and it appears that they've not had anything from the defendant either.  (My documentation was submitted last year - as requested by the court).

I have to notify the court in 48 hours - will it make me appear unreasonable, if I say that I won't shift the date ?

??????????????What should I do ?

Edited by pubrunner on Tuesday 19th February 11:45

It's always been half term so that should not be an issue and should have been raised when the date was first set. However if someone is too ill to get to court then they can't get to court and no court will make them (But they can ask for proof).

Your response could factually lay out pretty much what you have you have said:
This has been delayed and listed numerous times, through no fault of the claimant, which has caused them significant inconvenience.
This date has been listed during half term (Which equally impacts the claimant) since DATE, changing at such a late stage will again adversely affect arrangements the claimant has put in place to attend. These include a further days work which will be missed.

We understand that the respondent has failed to comply with the timetable for service of documents as laid out by the court. This has not been explained in the correspondence received by the claimant in respect to the adjournment. A timely hearing is necessary address this.

We note that the claimant is in "Ill health" we are not aware of when this occurred or the nature of the ill health so have no observations as to whether this is sufficient to justify non attendance or a change of venue at this late stage.

If the Court can be satisfied that the respondent is too unwell to attend the hearing and no alternative arrangements can be made then we would ask that consideration be given to ensuring that any future date is effective and that the issues laid out above are factored into their considerations.

[pubrunner]

Since my claim is against a company rather than an individual, wouldn't they be able to send someone else to represent the company - someone who isn't ill or has a child off at half term ?

[paintman]

I'm guessing that this is the matter you've asked for advice on last year & is to do with a cooker?
As you appear unclear as to what can & can't be done I suggest you speak to a properly qualified legal professional ASAP - no disrespect to those on here that are - which looking at your previous posts might have been your best bet from the outset.

[Marcellus]

I understand that it sticks in your throat the constant delaying by the other side so initial reaction is the same as I think yours is as in "you're delaying, you're not ill, it's always been half term, you've not filed any defence so no".

However, I've read that courts like it if you're seen to be accommodating, so if you can get the court local to him call his bluff and say something ;like "you're happy to go there on the basis he's ill so that this long running matter can finally be resolved"

[Pica-Pica]

hutchst said:

If it was me, I would reply that you have already made arrangements to attend, including booking a day holiday from work that can't be undone at short notice, so you will lose a day's pay whatever happens (put a figure on it), but say that you will comply with whatever directions the court/judge make.

^^ this

[pubrunner]

Marcellus said:

However, I've read that courts like it if you're seen to be accommodating, so if you can get the court local to him call his bluff and say something ;like "you're happy to go there on the basis he's ill so that this long running matter can finally be resolved"

If they are too ill to attend the court where I live, then they must surely be too ill to attend the court where they live. If they are too ill to attend, I don't see that the location of the court makes any difference.

As I've mentioned, my case is against company, not an individual, so why can't they send someone else ?

[pubrunner]

Monkeylegend said:

Could they hear the case without them present ?

Yes, and as they've not submitted a defence or any other documentation to either myself or the court, it is difficult to see how the judge can go by anything other than my documentation.

[joshcowin]

Get proper legal advise, stop wasting time on here