Commercial Lease, out of date and not executed..Court Claim Received

[AndyOrch]

The claim should be heard at the defendants county court or the court of your choice..you are the litigant.

 

Andy

[tibar]

Thanks Andy, That is good news. In that case could I request that the hearing is switched to my preferred court? It is some six weeks away so there is time.

 

Many thanks again. -- tibar

[SuperVillain]

Did you put in your directions questionnaire which court you wanted the case transferred to?

 

It sounds like what you have received from the Court is a Notice of Allocation - is that correct?

 

If so the Court will have set a timetable of the things both parties need to do.

[Ganymede]

Thanks Andy, That is good news. In that case could I request that the hearing is switched to my preferred court? It is some six weeks away so there is time.

 

Many thanks again. -- tibar

 

You would need to make an application to Court and pay the relevant fee to move the trial to a different Court.

 

Is it that far away to be worth it?

[tibar]

The document from the court states. Take Notice, the hearing will take place on date. At the County Court, then the address.. When you should attend. One hour has been allowed for the hearing. Please note. This case may be released to another Judge, possibly at a different Court.

 

I was of the opinion that it is a preliminary hearing but now it has occurred to me that it could it be the actual case!

 

I did express my wish for it to be at my preferred court but I have probably not have followed correct procedure. Yes it is not really worth trying to change things if there is a charge. it was just for convenience.

 

Thanks all, really concerned now if it is indeed the actual case. I would have thought it would be far more than an hour.

 

Regards. -- tibar

[Ganymede]

Another update and three questions, if I may. I have now received a letter from the Court naming a day for the hearing, not the case itself. I will go to the hearing however I would like the case itself to be held at another court and I shall make the request. The court I would prefer is considerably nearer, geographically, than court of the hearing but it is in another county whereas the hearing venue, and the claimants preferred court, is in the same county of the relevant premises. it is not a huge issue but any thoughts would, as ever, be appreciated.

 

It has all gone very quite from the claimant, I have sent two letters during June/July but I have received no response despite asking questions. Do I have to submit my full disclosure before or at the hearing? I have looked at various websites but I value the Cagger`s views very much. Finally in their last letter they stated that they would be prepared to have a "round the table" meeting at the solicitor premises, I declined to attend their office but I did state that I was fully prepared to attend any type of negotiation at a neutral venue; have I been a a bit too bolshie?

 

Many thanks and regards. -- tibar

 

 

Sorry missed this.

 

What hearing are you talking about? What is it for?

[Ganymede]

The document from the court states. Take Notice, the hearing will take place on date. At the County Court, then the address.. When you should attend. One hour has been allowed for the hearing. Please note. This case may be released to another Judge, possibly at a different Court.

 

I was of the opinion that it is a preliminary hearing but now it has occurred to me that it could it be the actual case!

 

I did express my wish for it to be at my preferred court but I have probably not have followed correct procedure. Yes it is not really worth trying to change things if there is a charge. it was just for convenience.

 

Thanks all, really concerned now if it is indeed the actual case. I would have thought it would be far more than an hour.

 

Regards. -- tibar

 

Yes, sounds like the final hearing to me.

 

What are the other Directions?

 

Have you complied with every Direction so far?

[tibar]

This case has been going for several months and proceedings were issued in January this year.

 

I have submitted my defence but I have other evidence to disclose, witness statements, lease dispute evidence etc.

 

I am compiling a defence bundle to submit to court.

 

I am almost ready to send it off however I am awaiting a couple of items.

 

If it is the case it must surely take much more than an hour.

 

I have asked the claimant solicitor if I need to bring my disclosure to the hearing but I have been ignored.

 

is my understanding that they should be helpful, especially to a Litigant in Person, however she obviously does not go big on pre-action protocol.

 

Have you complied with other directions so far? -

- Well I submitted a defence within the time limit set at the start of proceedings

 

however I have found much wrong with their case as time has passed,

 

I have studied the protocol and sought advice.

 

I have now much more evidence to submit and I was under the impression that i could send it to the court at almost any time prior to the case.

 

I have stated the new evidence to the claimant solicitor but I have not, as yet, sent the bundle. Have I messed up?

 

Many thanks. -- tibar

[Ganymede]

Have you complied with other directions so far? -- Well I submitted a defence within the time limit set at the start of proceedings however I have found much wrong with their case as time has passed, I have studied the protocol and sought advice. I have now much more evidence to submit and I was under the impression that i could send it to the court at almost any time prior to the case. I have stated the new evidence to the claimant solicitor but I have not, as yet, sent the bundle. Have I messed up?

 

Many thanks. -- tibar

 

Ok, you may need to type up the original Directions in full please.

 

This is a Fast Track case, yes?

[AndyOrch]

Could possibly be a CMC (Case Management Conference) to allocate and discuss further directions...assuming you have not been given dates to comply with standard disclosure and exchange of evidence and witness statements?

[tibar]

Yes it is a fast track.

 

Sorry for being a little dim but I am not sure what you mean by type up the original Directions.

 

I sent my initial response to the Court in February but I have now accumulated much new evidence to submit.

 

I have kept the claimant solicitor informed of the additional evidence and also stated that I wish for their only witness, a surveyor, to attend court for examination as his report leaves a lot to answer.

 

If, as now seems to be the case, that it is the case itself to be decided, my witnesses plus the surveyor would take up at least a day, I would have thought.

 

The solicitor would be fully aware of this and the fact that it is estimated that the case would only last one hour is a major worry.

 

I feel that the solicitor is somehow trying to pull a fast one.

 

How could the Court estimate the time?

Would it be the claimant solicitor that has advised them?

 

Would it be possible to contact the court, stating that I wish to present much more evidence and that the estimated time is totally inadequate?

 

I could state that I can supply the full disclosure within three weeks, which would leave three weeks before the date of the hearing.

 

Thanks, as ever. -- tibar

[AndyOrch]

See my last post.....

[tibar]

Thanks Andy: Case Management Conference. Yes that is along the lines of my first impression, I did not view it as the actual claim. I shall now have to contact the Court and seek a definitive answer. The problem is I am away from early tomorrow until next Monday so I shall have to wait until then.

 

I am sure that I have received no deadline to submit evidence etc, but I am extremely suspicious of the claimant solicitor she has been untruthful in the signed Statement of Truth and I have indicated that I shall be bringing it to the Court`s attention. I strongly feel that she is capable of distorting matters to beat me before I can state my case. If she can get the case won because she claims that I have failed to submit things on time I am sure she would. It sounds paranoid but she has really messed up and is totally rattled.

 

Can I still submit my evidence bundle, even if I have missed a deadline? As I am a Litigant in Person.

 

Thanks and regards. -- tibar

[AndyOrch]

I dont think you have missed the deadline...if you have not received a Notice of Allocation with directions and dates then directions have yet to be set...hence the 1 hour CMC.

[tibar]

So relieved to read that Andy. It is very good of you all to respond. I will see what transpires when I return and seek more info from the Court. I will probably have a few more questions regarding the CMC.

 

Thanks again all. -- tibar

[Ganymede]

1 hour for a CMC would be very unusual, but so would a Fast Track trial only lasting one hour.

 

Tibar, you absolutely must type up in full every Court order you have received so far in full. It's impossible to help you if you don't.

[tibar]

Thanks Ganymede, Yes I will go through it all in detail as soon as I return, next week, and then post the docs. From memory I have received very little from the Court so I am thinking that it is a CMC. The initial bundle I sent to the court outlined my denial of the claim and I stated that I would submit more substantiated evidence later, which I have now almost completed gathering. Hopefully it will all be OK. I very much appreciate your response.

 

Regards. -- tibar

[Ganymede]

Before you submit anything you need to check the Court Orders.

[tibar]

Yes will do. I can only recall receiving one court order as such. That was the initial claim form which accompanied their details of claim including the Statement of Truth.

 

Many thanks again. -- tibar

[Ganymede]

Well that's wrong for a start as you've already told us you've received a Notice of Proposed Allocation to the Fast Track.

 

That would have given you a date to send a form called "N181 Directions Questionnaire" to the Court. When was that date and did you send the form?!

[tibar]

Sorry, yes I did not think of that as a Court Order as such. I will go through everything in detail and get back to you. I am a little unsure what the differing items are. I know that I did reply however I will only be able to sort through it next week.

 

Apologies again. -- tibar

[Ganymede]

Sorry, yes I did not think of that as a Court Order as such. I will go through everything in detail and get back to you. I am a little unsure what the differing items are. I know that I did reply however I will only be able to sort through it next week.

 

Apologies again. -- tibar

 

Of course it's a Court Order. Anything with a Court heading and stamp/seal is an Order.

 

Are you 100% sure that you sent off the N181 Directions Questionnaire to the Court?

[tibar]

to be honest I can not be 100% sure as I do not have the docs at hand. I am fairly sure that I have responded but I am now starting to doubt it. Would it be disastrous if i have messed up? Could I request more time?

 

Many thanks. -- tibar

[Ganymede]

Check first before you panic.

[tibar]

That`s the problem Ganymede, I am going away very early tomorrow and I can not check before next week. It will be a very worrying time. I did read on one of the earlier posts that you can submit evidence almost up to the case itself. I have probably misunderstood quite a lot.

 

Thanks yet again. -- tibar