County court hearing - via phone !

Discussion in 'Legal' started by -, May 30, 2007.

  1. Guest

    Posts: 0 Likes: 0
    Hi,

    Put simply, a debtor is requesting to have a judgement set aside. He has requested a phone conference on 5th July.

    I want to attend in person, and for the defendant to as I feel better able to make my case against the appliaction more easily in person.

    I am representing myself but the defendant (and applicant) is been represented.

    On what grounds can I ask the court to hear the case in person.

    Thanks.
    Russell.
    Posted: May 30, 2007 By: Member since: Jan 1, 1970
    #1
  2. Cred-X

    Cred-X UKBF Regular Free Member

    Posts: 783 Likes: 65
    Hi Russell,

    Can you contact the court direct and ask them if you could attend in person?
    Posted: May 30, 2007 By: Cred-X Member since: May 16, 2007
    #2
  3. Guest

    Posts: 0 Likes: 0
    I intend to write to the court asking for an in person hearing.

    I just wondered on what grounds I can request a hearing in person ?

    Thanks.
    Posted: May 30, 2007 By: Member since: Jan 1, 1970
    #3
  4. Guest

    Posts: 0 Likes: 0
    Bump,
    Anyone.
    Thanks.
    Posted: May 31, 2007 By: Member since: Jan 1, 1970
    #4
  5. Mr_Gizmo

    Mr_Gizmo UKBF Regular Free Member

    Posts: 23 Likes: 0
    You have had your phone disconnected?

    Im guessing that you want to have it in person is good enough reason?
    Posted: May 31, 2007 By: Mr_Gizmo Member since: May 24, 2007
    #5
  6. Astaroth

    Astaroth UKBF Regular Free Member

    Posts: 4,074 Likes: 280
    Are you just wanting to be in person or force the other party to also be in person?

    If it is the former it probably isnt too hard but you have a much greater fight to force the other party there too
    Posted: May 31, 2007 By: Astaroth Member since: Aug 24, 2005
    #6
  7. Guest

    Posts: 0 Likes: 0
    Just to be able to express my case in person.

    Sent a letter now so fingers crossed....
    Posted: May 31, 2007 By: Member since: Jan 1, 1970
    #7
  8. The Resolver

    The Resolver UKBF Regular Full Member

    Posts: 2,172 Likes: 759
    Yes you can seek an in person hearing. Apart from the value of the claim, it will rather depend on the reasons why the judgment was entered into in the first place. Was it that he was a few days late in filing the Acknowledgment of Service form or the Defence?

    If its just a slip and the value is modest then I can see why the court has set this down for a telephone hearing. If, however, you believe he has not told the truth in the reasons he puts up to be allowed to defend then make that clear by letter to the court and that you would like therefore the opportunity to fully challenge his application in person.

    He will also have to satisfy the court that he has an arguable defence . So your best bet is to make clear in your objection to a telephone hearing why you believe he has no defence at all and that to allow him to defend would waste court time.
    Posted: May 31, 2007 By: The Resolver Member since: Mar 31, 2006
    #8
  9. Guest

    Posts: 0 Likes: 0
    The guy is totally dodgy.

    Avoided payment for 3 years of the CCJ and now trying yet another way of getting out of it.

    Had some professional advice yesterday and know where I am.

    Thanks for your help everyone....
    Posted: Jun 1, 2007 By: Member since: Jan 1, 1970
    #9
  10. Cred-X

    Cred-X UKBF Regular Free Member

    Posts: 783 Likes: 65
    Good luck with it Russell

    Keep us up to date with how it goes please.
    Posted: Jun 7, 2007 By: Cred-X Member since: May 16, 2007
    #10
  11. Guest

    Posts: 0 Likes: 0
    Hi,

    Quick update.

    The court rejected the defendants application.

    So more enforcement options to follow.

    Thanks.
    Posted: Jul 16, 2007 By: Member since: Jan 1, 1970
    #11
  12. Kent Accountant

    Kent Accountant UKBF Regular Free Member

    Posts: 1,999 Likes: 160
    Is the debt over £600?

    If so you can apply for a writ of Fi-Fa (honestly) to transfer the debt to the High Court. A High Court Execution Officer (who is paid on results) rather than the County Court Bailliff (who is NOT paid on results) can be instructed to collect the debt.

    Details of how to transfer up the debt here.

    http://www.breezeplus.com/BW/TransferUp.asp

    Only charge if you use John Marston for enforcement provided they collect the money is £50. We have used them and they are VERY effective

    http://www.hceo.co.uk/
    Posted: Jul 16, 2007 By: Kent Accountant Member since: May 30, 2006
    #12
  13. claimsfinancial

    claimsfinancial UKBF Regular Free Member

    Posts: 12 Likes: 0
    lots of interesting opinions but nothing clear here!

    I am a non practicing solicitor having been in comm-litigation until 1 month ago at a national firm.

    The rule is that where both parties are represented the court can do what it wants - where either party is unrepresented it cannot be by telephone unless both parties consent. Write to the court say you dont; consent - end of story. The court will probably say to you both, attend of it's own initiative. hope this helps.

    brad
    Posted: Jul 18, 2007 By: claimsfinancial Member since: Jul 11, 2007
    #13