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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I want to reopen a claim with a county court. The circumstances

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Hi, i want to reopen a claim with a county court. The circumstances are complex and I would like some advice on purely practical procedural matters...
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
When you say reopen, was there a trial?
Customer: replied 2 years ago.

Hi Alex, sorry for the confusion...I have to go out urgently for 10 minutes...can you please communicate with me then as I really need to sort this out...thank you

Customer: replied 2 years ago.

Hi Alex, are you there? thank you for waiting if you have done...

Expert:  Ash replied 2 years ago.
I am here. But I need to know why you need to reopen and was it after a trial.
Customer: replied 2 years ago.

ok. The original claim from my ex-landlord was made in October 2011. I counterclaimed but the whole process became complicated as the claimant, my ex landlord was under investigation for a murder enquiry which he was then charged with in the latter part of 2012 and was then sentenced in June 2013, I think, to 15 years in prison. the situation was then further complicated because of the incompetence of Willesden County court. i had requested the hearing date to be brought forward from June 2013. The court never notified me of the change they had made, I therefore didnt attend this date as I had had no notification and a subsequent subhearing was made through my ex landlord asking for compensation for that hearing. I attended this hearing and won my case...then, my ex landlord went to jail and the whole case went quiet. I know time has lapsed but I have had much to deal with. Now I want to reopen the case as my ex landlord owes me around 7-8000 pounds. I am happy to represent myself at the hearing but am stuck on practical procedural matters on how to reopen the case..also, i want to know , if I represent myself, am i entitled to being supplied with financial info regarding my exlandlord and whether he has tried to put everything in his father's name, as they run their property business together...sorry for all this...

Expert:  Ash replied 2 years ago.
So you had a CCJ against the Landlord after trial?
Customer: replied 2 years ago.

After the sub-hearing in April/May 2013, he was sent to jail and the court never got back with a new hearing date. Whether at that stage it was my ex lanlord's counter counter claim or mine, I am not sure, as things got so confused and delayed. If I write to Willesden County Court, will they provide me with the information regarding the hearing, why it was not rescheduled? I really dont know whose court (excuse the pun) the ball is in - his or mine...

Expert:  Ash replied 2 years ago.
Was the case stayed?
Customer: replied 2 years ago.

nothing official - at least I never received anything - it just went dead...given that he owes me money really, I guess he wouldnt pursue it...really, he invented a whole story in order to keep my deposit and a month's rental which was sent by my bank in error...

Expert:  Ash replied 2 years ago.
So it was listed for a hearing but he went to prison?
Customer: replied 2 years ago.

yes, the hearing had been scheduled for i think the 19th June 2013 but I had requested it to be brought forward. the court then neglected to inform me that they had rescheduled it for April so I missed it which is when the subhearing was made as he tried to get over a thousand pounds off me in compensation for missing the hearing. this sub hearing went before the court. the Judge ruled in my favour and that bit was resolved. another hearing for the proper case was never rescheduled. He was sentenced in June and went to jail and that is how it was left.

Expert:  Ash replied 2 years ago.
Ok. I would simply call the court and ask where the case stands. It may be they have never relisted it.
Or you can make a formal application to Court that it is relisted. You would need to complete form N244:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
The Court will then list the matter for hearing. That is all you do. There is a Court fee of £50 to pay unless you are entitled to fee remission.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

ok will do...just one last thing. If I need to find out a) if he has put all his business into his father's hands, and he then can say that he has no money, can I request any financial etc information from the lawyers that represented him as this may be prejudicial to my claim? If this is the case, can his father be then liable instead of his son as presumably if he has transferred things, any properties would be now the fathers liability?

Expert:  Ash replied 2 years ago.
Yes you can request financial information and no, this is not predjudicial. If he has transferred assets you can seek a Court order saying this was done just to dispose of them and then you can ask for them to be transferred back.
Does that help?
Alex
Customer: replied 2 years ago.

It certainly does...if I need to get this information, is it through the court or through his lawyers if he still has them?

Expert:  Ash replied 2 years ago.
Court who will go through his lawyers
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Expert:  Ash replied 2 years ago.
Hi

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

If you have not done so already 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