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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My partner has just received a summons to an Oral hearing

Customer Question

Hi,
My partner has just received a summons to an Oral hearing in central London, Looking on the summons we saw it was her housing association.
We rung them and finally we got through to someone and we asked why we had not received any papers and why was it miles away? They were abrupt on the phone but finally they have sent the papers and a witness statement.
I have a number of questions re this matter.
Firstly why would it be heard so far away.
They mention written complaints in their statement can we ask to see them as they are not included?
They use picture as evidence but there is no times etc and it is important to the case as when and who took these photos. Can we ask to see the properties of the pictures or have the electronic file?
They mention site surveys done but again do not include them can we ask for them?
Also the mention health & safety breaches but do not say which laws I presume we can ask specificaly which ones they are talking about?
I also presume we can put a counter agument for harasment as a sort of counter claim?
Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
For now please let me know whether you had ever received the claim form?
Customer: replied 2 years ago.

We did receive a claim form that was submitted to the local court but only got it with these papers we just received claim was put intop court back in febuary

Expert:  Ash replied 2 years ago.
Did you submit a defence?
Customer: replied 2 years ago.

No as only got the papers last week

Expert:  Ash replied 2 years ago.
What was the claim about a sum of money owed?
What is the oral hearing for? Is it a trial?
Customer: replied 2 years ago.

Hi,

They are trying to get an injunction due to allergations of leaving a baby buggy in a comunal space in a shared ownership house with 3 flats in it.

Expert:  Ash replied 2 years ago.
Ok - so you have been asked to go to a hearing for the Court to consider the application, is thats right?
Customer: replied 2 years ago.

yes it states an oral hearing in early july

Expert:  Ash replied 2 years ago.
Ok, this is a first hearing. At that the Judge will see whether it is defended and if so allow you to file a defence and set the matter down for a final hearing to decide the injunction,
However it should be transferred to your local County Court. It may be that this one is, but if not then you can ask that it is transferred at the same time. You may be entitled to legal aid to help with representation but that depends on your circumstances.
But the hearing is a first hearing so no order will be made final then.
Can I clarify anything for you about this today please/
Alex
Customer: replied 2 years ago.

So just to be clear.

We should write to the court asking it moved back to the local court.

and

We dont need to file a defence yet and just appear in court and i presume if the judge says this to go further we can then ask for a complete disclosure of the papers i stated.

So we need not do anything else at this time except ask the case to be moved to the local court?

Expert:  Ash replied 2 years ago.
You should attend, not just write. The judge can and will order disclosure.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex