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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34277
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a condition that the court were aware of and had confirmed

Resolved Question:

i have a condition that the court were aware of and had confirmed in writing that it would be taken into account at a hearing and help would be provided.
at the hearing nothing had been provided. the result is that i have a huge bill to pay and no idea what went on in the courtroom at all and no opportunity to defend myself.
what should i do
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is the nature of your condition?
Clare
Customer: replied 2 years ago.

hearing problem

Customer: replied 2 years ago.

Hello, is anyone still dealing with me?

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
Did you bring to the attention of the court on the day that you could not hear what was happening
Clare
Customer: replied 2 years ago.

Yes. And it was obviouse.

(I am not getting emails when you respond)

Expert:  Clare replied 2 years ago.
Hi
What was the response from the Judge?
Clare
Customer: replied 2 years ago.

He shouted at me to be silent.

Will the court write to me to tell me what the outcome was? I have recived a mountain of paperwork from the claimant but nothing from the court.

Can I ask you to lock all previous questions on this thread.

Expert:  Clare replied 2 years ago.
Hi
When did the hearing take place?
Clare
Customer: replied 2 years ago.

Recently

Customer: replied 2 years ago.
Relist: Other.
No answer
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay.
I need to know a little more about the case so that I can assess whether an appeal is the next step.
To do that I need to know when the hearing was.
I also need to know if you can produce medical evidence regarding your hearing loss
Clare
Customer: replied 2 years ago.

Truro.

I have worn hearing aids in both ears for about 10 years. They do not help but I wear them anyway. I have a long medical history of non hearing all recorded by NHS.

ETA: I am a member of the BDA (British Deaf Association) who have just indicated the they are "interested" in the development of the situation

Expert:  Clare replied 2 years ago.
Hi
When was it?
Clare
Customer: replied 2 years ago.

8 days ago

Expert:  Clare replied 2 years ago.
Hi
Thank you for that.
What was the hearing meant to be about?
Clare
Customer: replied 2 years ago.

CMC

Expert:  Clare replied 2 years ago.
Hi
Pardon?
Clare
Customer: replied 2 years ago.

Sorry Clare, I am still in shock.



Case Management Conference. Referred to throughout the court's paperwork as CMC.

Expert:  Clare replied 2 years ago.
Hi
Ok that is fine.
So it was a Case Management Conference not a final hearing (which is a relief)
What is the case actually about?
What assistance did you need to ensure your involvement?
Clare
Customer: replied 2 years ago.

Case about solicitor sending huge bill after nearly six years of telling me he would recover his costs from the other side, then he lost and decided to make me pay for his gamble. (You have helped me with it over the past year but I do not expect you to recall it out of all the cases you handle every day.)



I have had no notification from the court but letters from the solicitor indicate that the judge has now doubled the amount I have to pay to more than the equity in our house. In short, if that is the case, I am finished. At my age I cannot raise a mortgage.



I have no idea what assistance deaf people receive in court when they cannot afford to be legally represented. I did not know what to expect, only that the court had been advised that I was deaf and wrote to say that arrangements would be made to accommodate me.


Expert:  Clare replied 2 years ago.
Hi
What does the letter say?
Clare
Customer: replied 2 years ago.

Sorry Clare, I have just had an email from a friend telling me that they are able to follow our conversation here on-line and advising me to change to something more general avoiding specifics. So if I can move on:



I am advised that my defence is this case is sound (by you and others) but due to the judge's attitude at the CMC it is never going to get into court.



I must now pin my hopes on LeO. The claimant is demanding that if I settle she will make me sign away my right to go to LeO. Can she do that and what is the best way to counter?


Expert:  Clare replied 2 years ago.
Hi
Why do you think that the case is over?
Clare
Customer: replied 2 years ago.

Because the judge has me totally confused and is obviously hostile. He is not going to listen to anything about my case. Although nothing is confirmed from the court the claimant says his claim has now doubled which means our house is lost.

I am not a lawyer but I felt at the very least the I would get the chance to present my case. He knew I could not hear a word he was saying and he was really enjoying himself.

Expert:  Clare replied 2 years ago.
Hi
Try not to give up - we can find a way around this.
The first thing to do is to write to the court and ask what provisions are made for those what are hard of hearing.
Ask for the protocol to be forwarded to you.
The make a formal complaint about the Judge's failure to comply with it on a point by point basis.
If you wish me to review the actual order when it comes then this is something that can be accomplished as well
Clare
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