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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I recently issued a county court claim against the person who

Resolved Question:

I recently issued a county court claim against the person who laid my new kitchen floor. Paperwork has been going backwards and forwards and the court decided that we had to agree on an independent expert to provide a report. This was done and the report agreed with our claim. All the paperwork was sent to the county court and a hearing date was set of 31st July. I was unable to attend due to a pre booked holiday and has the court had all the evidence and paperwork I presumed that I did not need to be there. I received a letter from the court this morning advising that as I had not attended the case was dismissed. Can you advise if I can restart the case again or have I lost my chance? I was not aware that I had to attend the hearing.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you.

Alex Watts :

Did you inform the Court that you would not be attending please?

Customer:

Yes I advised them on 5th July that I would be on holiday on 31st July - the date of the hearing.

Alex Watts :

Did you supply a witness statement?

Customer:

Yes - a signed witness statement.

Alex Watts :

Ok - so it appears the Judge decided the case on the papers and you did not attend, would you agree?

Alex Watts :

Especially if you gave notice you would not attend.

Customer:

The letter says: Upon the court receiving a letter of 5th July from the Claimant and the Court declining to deal with the matter in the absence of the claimant in the light of her allegation as to the defendant's evidence and the letter not seeking an adjournment of the hearing due to the claimant's absence on holiday. It is ordered that the case is dismissed.

Alex Watts :

Thank you.

Alex Watts :

You need to apply to set aside the decision and apply for a re-hearing

Alex Watts :

You need to do this on form n244

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Customer:

Thanks - I will do that :)

Alex Watts :

You can't issue again, this is an abuse of process

Alex Watts :

All you can do is apply to set aside

Alex Watts :

Can I clariy

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No - that makes sense. The fact that I advised them on 5th July that I would not be attending and did not just fail to turn up will hopefully go in my favour.

Alex Watts :

Yes.

Alex Watts :

If this answers your question might I invite you to rate my answer.

Alex Watts :

If the system wont let you or you need more help please click reply

Customer:

Many thanks - I will have a look at the form and if I have any more questions will come back to you.

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