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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am due to go to the small claims court on Monday 28th April

Customer Question

I am due to go to the small claims court on Monday 28th April after a claim was made against me which I was defending.

I received an email at 15:30 today, Friday 25th that said:

"We Write regarding the above matter and, in particular, the fìnal hearing of the Claim which is listed to
take place at 10:00am on Monday 28th April 2014 at Stafford County Court.

Whilst We are not on the Court file as acting on behalf of the Claimant, We enclose by Way of service
upon you Notice of Discontinuance on behalf of the Claimant. We confirm We have filed a copy of the
enclosed Notice of Discontinuance at Stafford County Court, together with a request that the Hearing listed to take place on 10:00am on Monday 29th April 2014 be vacated"

As the solicitors sending the letter to both me and the court weren't party to the claim, and the notification is very late, should I still attend Court or not?

In the case of me not attending on the basis of the letter, and because of the weekend, and delay in the claimant writing to the Court, that the Court may not have received the letter prior to 10 am on Monday (Which is the 28th not the 29th as stated in the notice), would I be prejudicing myself in any way?

Regards,
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Yes you should still attend.

Alex Watts :

This is because you could argue the Claimant has acted unreasonably and ask for your costs

Alex Watts :

So yes, you should attend

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you Alex,


I appreciate your speedy reply.


Regards,

Ash and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Oh, Alex ...


 


Should I attend with documentation for the Court as if I was still defending, or just turn up and explain the lateness of the claimant in abandoning the claim?


 


Regards,


 

Expert:  Ash replied 3 years ago.
No documents needed, just turn up about conduct of Claimant

Alex