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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a case this week in the small claims court all about

Resolved Question:

I have a case this week in the small claims court all about Credit Card debt and PPI which I am claiming was mis-sold and HFC Bank dispute. The balance would off set to a small net amount.
Papers were delivered on time but 8 days later I got a witness statement wanting to change the bank from HFC to HSBC, the parent Company and a list of the fees the lawyers wish to claim. I feel tension now around this case since the lawers putting the case forward have HSBC support and it is just me.
My question is can I ask for an ajourment so that I can employ a lawyer so that there is now a level playing field lawyer to lawyer?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

Are you the Claimant or Defendant please?

Customer:

Defendant

Alex Watts :

Ok - so they made an application to amend their claim against you?

Customer:

Yes they have they have asked for ten minutes before the case starts to put the amendment in

Alex Watts :

Ok and what difference would that have made whether it was HFC or HSBC?

Customer:

I think that with changing the name to a large bank and formally bringing them into the picture this makes me now feel more intimidated to stand there alone when the other side has the full support of HSBC.

Alex Watts :

Did the hearing get adjourned?

Customer:

Not sure, the County Court case in December received my counter claim with PPI then in May I received the papers that the case had been transferred to the Small cliams court and that by 20th August all papers refering to this claim had to be in. And then I received this change on 28th August. The hearing is on this Wednesday at 10am and now with these new papers they want to be able to be heard ten minutes before

Alex Watts :

Thank you. If they want to amend the claim the Court needs to give permission.

Alex Watts :

But you have been given advanced notice of this.

Alex Watts :

What you can do is on the day, if they do make a change, you are entitled to ask for an adjournment.

Alex Watts :

But you need to explain to the Court WHY you want an adjournment and WHY the name change affects this.

Alex Watts :

Just because they have changed name, why does that make any difference to the claim?

Alex Watts :

So you need to think about this.

Alex Watts :

But if the Judge grants permission to amend the claim then you are entitled to ask for an adjournment so you can properly prepare your case.

Alex Watts :

But you need to say why the change in name makes it so you can not proceed.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thanks this is very helpful

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