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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.
  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?
  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.
  4. Guest

    Posts: 0 Likes: 0
    Bump,
    Anyone.
    Thanks.
  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?
  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
  7. Guest

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

    Sent a letter now so fingers crossed....
  8. The Resolver

    The Resolver UKBF Regular Full Member

    Posts: 2,101 Likes: 718
    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.
  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....
  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.
  11. Guest

    Posts: 0 Likes: 0
    Hi,

    Quick update.

    The court rejected the defendants application.

    So more enforcement options to follow.

    Thanks.
  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/
  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