My neighbour taking me to court ( advice pls )

Re: My neighbour taking me to court ( advice pls )

Postby arborlad » Mon Jul 06, 2015 11:57 am

span wrote:the poster is a long established and respected member of this site, .



...............have you read the whole of this thread?
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smile...it confuses people
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Re: My neighbour taking me to court ( advice pls )

Postby span » Mon Jul 06, 2015 12:23 pm

arborlad wrote:
span wrote:the poster is a long established and respected member of this site, .



...............have you read the whole of this thread?


Yup
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Re: My neighbour taking me to court ( advice pls )

Postby arborlad » Mon Jul 06, 2015 1:15 pm

nothingtodowithme wrote:http://www.oup.com
Admin: link to Oxford University Press for Civil Law books



Thank you Admin for clarifying, a simple advert - can it be moved to a more appropriate part of the Forum where advertising of this type might be more acceptable.
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Re: My neighbour taking me to court ( advice pls )

Postby Jd007 » Wed Jul 29, 2015 8:13 pm

Hi everyone got some update on my case... I got a letter from the court on the 28th of july which wrote:

upon reading a letter from the claimant

IT IS ORDERED THAT

1. matter islisted for a preliminary hearing in 9th September 2015 at 10:00am with a estimate of 15 minutes to consider whether this claim raises the same issues as claim aaaxxxand weather it should be struck out.

2. parties to file at court and serve on each other any evidence upon which they wish to rely on at least 7 days before the hearing.

3.because this order has been made by the court on the application of a party without notice of the hearing being given,any party may apply to have the order set aside or varied withen fourteen days of service of this order.

__________________

from what I understand I have to explain that this is same claim as before ( which It is ) and hopfully that's the end ?

also letter was dated 10th july, the envelope I got the letter from was "posted" on the 27th july I received on the 28th.. am I right in thinking option 3 is not possible ofr me as 14 days are already finished for me even before it was posted to me..

would be great if you lot could I hope one lsdt time give any advice what to say or provide to show its the same case.. on well judge finally puts a end to this for ever : D
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Re: My neighbour taking me to court ( advice pls )

Postby Collaborate » Wed Jul 29, 2015 10:05 pm

The order is deemed served either 1 or 2 days after it's posted to you. Therefore the 14 days has not passed yet. But of course you wouldn't want to set it aside would you?
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Re: My neighbour taking me to court ( advice pls )

Postby arsie » Fri Jul 31, 2015 8:07 pm

Jd007 wrote:from what I understand I have to explain that this is same claim as before ( which It is ) and hopfully that's the end ?

also letter was dated 10th july, the envelope I got the letter from was "posted" on the 27th july I received on the 28th.. am I right in thinking option 3 is not possible ofr me as 14 days are already finished for me even before it was posted to me..

would be great if you lot could I hope one lsdt time give any advice what to say or provide to show its the same case.. on well judge finally puts a end to this for ever : D

Right.

The court has decided to have a hearing at which to decide if this latest claim is the same as the previous one (that was dismissed) and if it should therefore be 'struck out'. The date set for the hearing means you (and the other side) have a whole month to gather and present fresh evidence.

Don't worry about the point 3 as you don't wish this hearing to be set aside or varied. Bring it on!

It is up to the other side to prove it is NOT the same claim. They may cook something up and if I were you I wouldn't worry about that but let us know if they do and we will try and help.

Although the OP Jd007 does not have fresh evidence, he/she may still like to submit a statement: saying that the original conveyance condition regarding the fence/boundary maintenance was and still is only for the lifetime of the first purchaser, who has long since passed away. Enclose a copy of the conveyance. The OP did not enter into a private contract with the claimant to pay for a new fence either verbally or in writing at any time. No new evidence is offered by the OP in defence nor is any needed. This is the same claim as the first even if the money details of interest due etc have been rephrased. The claim is as unfounded now as it was when the judge dismissed the first claim. But there is going to be a hearing on 9th September and you should attend, Jd007.

I would not submit this simple statement until 1st September which is 8 days before the hearing.

Post first class recorded signed for on that date to the claimant copy the clerk of the court.

Hope that is clear and helpful. Keep strong.
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Re: My neighbour taking me to court ( advice pls )

Postby Roblewis » Fri Jul 31, 2015 8:51 pm

Just to clarify it is your duty to notify the clerk to the court and s/he informs the other parties. I would simply send previous evidence and statements with a brief update rejecting the notion that the early deed easement applies to you as it is positive in nature. In any case this evidence was available at the previous hearing
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Re: My neighbour taking me to court ( advice pls )

Postby arsie » Fri Jul 31, 2015 9:06 pm

Rob when I went through Oxford Court small claims procedure last year we each had to post direct plus a copy to the court, which obviously saves the court unnecessary extra work and postage and being responsible for copying evidence. Possibly procedures vary from court to court but I would doubt it.

BUT in any event the OP should faithfully follow instructions issued by the actual court dealing with the claim.

I agree the court (is it the same one?) has previous evidence on file but I would simply state as I suggested with copy of the relevant pages of the conveyance with the positive covenant.
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Re: My neighbour taking me to court ( advice pls )

Postby Roblewis » Fri Jul 31, 2015 9:49 pm

Yep repeat the information drop as previous and no harm to copy neighbour but the court does still have the duty although they are very good at shunting it on. Strictly papers etc are not served without a court stamp on them.
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Re: My neighbour taking me to court ( advice pls )

Postby Sudynim » Sat Jan 23, 2016 10:35 pm

And we never heard how the story ended...?
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Re: My neighbour taking me to court ( advice pls )

Postby greenfingers63 » Sat Feb 06, 2016 2:07 am

Can't believe I've read through 21 pages and no outcome....please update?
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