court going really bad, need urgent help!!!

[john.waldren]

Hi.

 

I have made a claim in the county court against my neighbour.they broke my wall with their car while driving back into it.

 

I asked them to repair it, and they promised, as time went on i was getting eyed by other neighbours and the neighbour refused to rebuild it. i had text messages from neighbour promising to repair it.

 

I then made a claim against the neighbour and expected to win. i didn`t receive the court paperwork with the date of the application, so lost and the judge ordered costs against me as it was not allocated to track. I then made an application to tell the judge i didnt receive the docs. he ruled i must have received them. also then said i cannot prove my case. i told him that i will prove my case at the final hearing at disclosure but he said no.

 

I did send documents to the bulk processing court I have a recorded delivery slip but the appeals court say they did not receive it.

 

If I do appeal is there a chance it can be heard or can i do something else.

 

I now have a broken wall and costs against me. and today i received a fi fa high court writ.

 

please i need some help

[citizenB]

I am moving your thread to the legal issues forums and will ask someone to look in on you.

[steampowered]

Please can you be a little more specific about exactly what happened and exactly what court documents are involved? What was the first application, what was your application and what exactly did you send to the "appeals court"?

[unclebulgaria67]

Your Buildings Insurance will cover damage to the wall and if you have legal expenses on the policy, they will pursue the neighbours Car Insurance for any excess you have to pay. Ask your neighbour for their Car Insurance details and if they fail to do so, you could report them to the Police. If you damage third party property with a road vehicle, then you have to provide your details.

 

That is the way I would go. If you neighbour realises the consequences of not sorting this out, they may decide to cooperate. You can also use the Askmid database to find the neighbours Insurance details for their car and contact their Insurers directly. This is assuming that the neighbour had not changed Insurers since. You could check with the neighbour and advise them that you will be contacting x Insurance company to report them damaging your wall and see what reaction you get.

 

The failed court action may be a problem, but you may be able to resolve, without the need to touch the courts again.

[citizenB]

We need some more information to be able to advise !!

 

 

Did they submit a defence?

Did you respond and inform the court to proceed...AQ,s?

 

What paperwork did you not receive? Who made an application? what was the application for?

 

What documents did you send to CCBC?

 

Apparently a Fifa is a High Court equivalent of a County Court warrant of execution, but without notice (£600.00 minimum on those) - Apparently it is rare for a DJ to allow costs (assuming this was a small claims) when the claim was unallocated.