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Change Of Court Date?


diasal
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Can anyone help or offer advice please on if i can change a county court date?I attended my local court concerning a charging order to opose it ,i had a representative from money advice with me,someone from the other side (HSBC )also attended but it was ajourned because they had not allowed for the service of 21 days,i have now received another court date and on the letter from court it said ajourned because the defendant (me) did not attend.I phoned the court to tell them this was not correct and was told this is what the judge has written in the file.

I am now concerned that this will be a black mark against me .I cannot believe that the judge has made such a mistake ,there was me my partner the rep from money advice,and the first question the judge asked was to the hsbc rep about service,21 days had not been given so she told her to get it right next time and ajourned it,we did not even speak.

My next question is on what circumstances would the court accept to change the date and what would i need to do for this?

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If there is an error then write to the judge and very politely point it out.

 

If you want to change a court date, then the best thing is to phone the other side and explain to them and ask if they object. Normally they will say fine.

You then write to them to confirm your coversation with them that they agree to the change fo date.

You also write to the court and polictoely ask for a new date. Explain why, explain that the other side has agreed, enclose a copy of your letter to the other side, apologise for any inconvenience. Send the ther side a copy of your letter to te court. It will be better of you fax all of these letters to their respective addressees.

 

If the other side are being unhelpful, write them a letter, express regret that they won't agree and lolitoely tell them that you wil be asking the court anyway. Then you will have to write to the court, explain that you need the date change, explain why, explain that the other side are not in agreement, however you need the change, this is the first time that you have delayed proceedings and that previous delays (if any) were caused by the other side blah blah.

Call the court about a week later to see what is happening. In the worst case you will have to make an application notice N244 which is involved and costs money.

 

If you are dealing with the other side's lawyers, then they will probably be mature and agree.

If you are delaing with the bank or DCA directly then they are lkley to be stupod about it.

Deal directly with the lawyers for this kind of thing.

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