HPH2/Cohen Claim Form barclaycard 'debt'***Settled by Tomlin Order***

[isbo]

That's really kind, thank you. I don't have a scanner, though

[dx100uk]

camera [phone, tablet etc?]

[jaycwl]

Should they of not served this 14 days before the hearing? Is there no chance he can not allow them to use the ws and notices that's been sent anyway

[shamrocker]

The main problem is that isbo can't attend court to represent themselves, otherwise could have argued that exact point.

[Guest]

yep. cld try an urgent email to the court/hearing explaining absence, late service from the claimant & poss sanctions for that, adjournment (if required) with no costs against, any further representations, etc. see if the J takes things into account?

see what the guys suggest.

[isbo]

Thanks folks. It's shocking that it arrives less than one working day before the hearing. Surely that's not in the rules? I need time to prepare a response, surely? Where do I email the court, please?

[isbo]

Found an email address for hearings. I'll email to that, and also call them first thing.

[Guest]

Found an email address for hearings. I'll email to that, and also call them first thing.

[isbo]

Sent this:

Dear Sir/Madam,

 

Please note this is urgent.

 

With regards to Claim No XXXXXX there is a hearing listed for this case at xx tomorrow - Monday 15th August at xx

 

Unfortunately I must request an adjournment to this hearing due to late service by the claimant.

 

 

The claimant only served their Witness Statement and supporting evidence to me yesterday Saturday 13th August, none of which were copies of original documents, and this does not allow me any time whatsoever to prepare a further defence.

 

 

This late service by the claimant should be subject to sanctions for it's late claim.

For that alone I request an adjournment without costs.

Further representations will need to follow.

 

 

I am happy for the court to adjourn to a date and time that suits their Honour.

Secondly the stress of this claim has made me ill, this follows two nervous breakdowns in the last 5 years each time brought upon by stress.

I am happy to defend myself but correct time to do so is needed.

 

I will follow this email with a call first thing in the morning.

 

No day off till Friday either, that'll be 11 days on in a row

[Guest]

you shld've posted up your draft before sending! it cld've been drafted slightly differently.

no worries, its done now. see what the j does.

[isbo]

Not sent yet Ford! Still there ready to send...

[Guest]

ok

start off explaining why your absence at short notice.

state the late service as you have done, request poss sanctions for such.

otherwise, as you say, an adj without costs against.

post up yr draft.

i may not be online much later, so hopefully the guys may look in on it for you

[isbo]

Added this: "My apologies to the court for the late request but the extremely late serving by the claimant means that a hearing tomorrow would be extremely prejudice."

Not sure it would be great to go into detail as to why I can't attend?

[Guest]

Not sure it would be great to go into detail as to why I can't attend?

up to you, but wld mention why absent (you pretty much mentioned it (your illness) in yr first draft you posted, so why not?). imo.

[isbo]

OK fair comment Ford. How's this draft:

Dear Sir/Madam,

 

Please note this is urgent.

 

With regards to Claim No XXXXXXX there is a hearing listed for this case at xxx tomorrow - Monday 15th August at xxxxx.

 

Unfortunately I must request an adjournment to this hearing due to a stress-related illness and late service by the claimant.

The claimant only served their Witness Statement and supporting evidence to me yesterday Saturday 13th August, none of which were copies of original documents, and this does not allow me any time whatsoever to prepare a further defence.

 

 

This late service by the claimant should be subject to sanctions for it's late claim.

For that alone I request an adjournment without costs.

Further representations will need to follow.

 

 

I am happy for the court to adjourn to a date and time that suits their Honour.

Secondly the stress of this claim has made me ill, this follows two nervous breakdowns in the last 5 years each time brought upon by stress.

I am happy to defend myself but correct time to do so is needed.

 

 

My apologies to the court for the late request but the extremely late serving by the claimant means that a hearing tomorrow would be extremely prejudice.

 

I will follow this email with a call first thing in the morning.

 

Many thanks for your assistance, and kind regards,

[Guest]

re #165

start off explaining yr absence. eg

 

unfort i am unable to attend the hearing today because................and i apologise to the court for the late notice.

 

Please note that the claimant only served their wit state/ev on saturday despite their requirement under the CPR to serve such at least x days prior to the hearing.......etc

 

it is requested that the court considers sanctions accordingly against the claimant, with its resources, for non compliance with the cpr....etc

 

otherwise, it is requested that the hearing be adjourned without liability re costs due to the late service by the claimant etc ...as you mentioned above (up to you whether to include a request for an adj)

 

set it out like that. post up yr draft.

 

as my sig says, IMO

[isbo]

Awesome, thanks Ford.

[isbo]

How's this:

Dear Sir/Madam,

 

Please note this is urgent.

 

With regards to Claim No XXXXXX there is a hearing listed for this case at XXX tomorrow - Monday 15th August at XX.

 

Unfortunately I am unable to attend the hearing today because I am suffering from the onset of a stress-related illness, and I sincerely apologise to the court for the late notice.

 

Please note that the claimant only served their Witness Statement and evidence on Saturday despite their requirement under the CPR to serve such at least 14 days prior to the hearing. The evidence provided is not copies of original documents, it is merely letters that they have printed since.

 

It is requested that the court considers sanctions accordingly against the claimant, with its resources, for non compliance with the CPR.

 

Otherwise, it is requested that the hearing be adjourned without liability for costs due to the late service by the claimant etc as described above.

 

I will follow this email with a call first thing in the morning.

 

Many thanks for your assistance, and kind regards,

 

Mr x x x

number x high road high town etc

My telephone number is 07xxxxxxxxxx for this case.

 

Amended to this:

 

Unfortunately I am unable to attend the hearing today because I am suffering from the onset of a stress-related illness, and I sincerely apologise to the court for the late notice.

 

Please note that the claimant only served their Witness Statement and evidence on Saturday despite their requirement under the CPR to serve such at least 14 days prior to the hearing.

The evidence provided is not copies of original documents, it is merely letters that they have printed since.

 

 

This extremely late service does not allow me any time whatsoever to prepare a further defence. Further representations will need to follow.

I am happy for the court to adjourn to a date and time that suits their Honour.

 

 

Secondly the stress of this claim has made me ill, this follows two nervous breakdowns in the last 5 years each time brought upon by stress. I am happy to defend myself but correct time to do so is needed.

 

It is requested that the court considers sanctions accordingly against the claimant, with its resources, for non compliance with the CPR.

 

Otherwise, it is requested that the hearing be adjourned without liability for costs due to the late service by the claimant etc as described above.

 

I will follow this email with a call first thing in the morning.

 

Many thanks for your assistance, and kind regards,

[Guest]

maybe expand it abit more within each para, as you posted before? (ps edit. ah, see you have done so abit)

see what the guys suggest

perhaps give andyorch an urgent nudge to look in

is yr hearing in the morn or pm

[isbo]

Was that before you saw the second one Ford? It's in the morning.

[isbo]

Just PM'd Andy.

[Guest]

Amended to this:

 

Unfortunately I am unable to attend the hearing today because I am suffering from the onset of a stress-related illness, and I sincerely apologise to the court for my absence and the late notice.

 

Please note that the claimant only served their Witness Statement and evidence on Saturday date despite their requirement under the CPR to serve such at least 14 days prior to the hearing. It is requested that the court considers sanctions accordingly against the claimant, with its resources, for non compliance with the CPR

Furthermore, The evidence provided is not copies of original documents, it is merely letters that they have printed since. This extremely late service does not allow me any time whatsoever to prepare in consideration. Further representations will need to follow.

it is otherwise requested that the hearing be adjourned without liability for costs due to the late service by the claimant etc as described above.

the stress of this claim has made me ill, this follows two nervous breakdowns in the last 5 years each time brought upon by stress. I am happy to defend myself but correct time to do so is needed.

 

.

 

 

 

I will follow this email with a call first thing in the morning.

 

Many thanks for your assistance, and kind regards,

thoughts ?

 

ps, edited

[isbo]

Bang on the money, I reckon. OK to send? Not had a reply off Andy so guessing he's away.

[Guest]

Bang on the money, I reckon. OK to send? Not had a reply off Andy so guessing he's away.

not yet

give the guys time, andy etc may still pop in

[isbo]

OK will do.