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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2810
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am the claiment and I have been given a court date

Resolved Question:

I am the claiment and I have been given a court date for a hearing, the defendant has been notified of my claim and is aware of my evidence. Is there a time limit for them to respond and present their evidence prior to the court date thus giving me a chance to dispute their evidence? If they only present their evidence at court can the judge reject it being that they have had plenty of time to submit it to court before the date given?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you in England or Wales?

-What kind of claim is it?

-Has the court made directions?

Customer: replied 1 year ago.
I live in England. The case is for recovery of goods. The goods being a pony that was originally loaned to someone who un known to me disposed of the pony by using it as a payment to a feed merchant/saddler/dealer. That person sold it on to recover their money and then that person again sold the pony. I am told by the British Horse Society that it is the person who has the pony in their posession to make the claim against. I have gone through the correct chanels. My family solicitor gave the person notice proir to filing the court papers. The response to his notice was arrogant, then whe she received the court papers she went abusive on facebook equine sites, all of this being saved. My solicitor advised her to seek legal advice which we don't think she has bothered with. The hearing is in two weeks (21st July), she claimes to have witness statements from the person who had the pony on loan, the person who accepted the pony as payment, the person who then purchased the pony. She also claimes to have a statement from the attending police officer who was making inquiring on my behalf (there is a second pony involved but that is yet to be found). This I know the officer can not or should not do as it is a civil case.At this moment in time I just want to know if there is a cut off time prior to the hearing as to when she can submit her evidence. The pony's passport has been written in by the person who sold her the pony and because I did not sign the transfer of ownership against my name as the pony was not for sale, these entries are classed as fraud by the pony's breed society.Sorry this is rather long but hope you can understand. The claim is for return of goods,in breach of a loan agreement that she willingly signed following my informing her that the pony was my property, sale of goods act "Transfer of Title" Part 111 section 21-(1) Sale by person not the owner. Thank you.
Expert:  Harris replied 1 year ago.

Have there been any court orders or directions made?

Customer: replied 1 year ago.
Not to my knowledge. Looking at my file the papers were dated 10th June and a hearing was issued with immediate affect, that being a date and time set for the 21st July. I can not see any orders or directions on the notice of hearing application. Just the date ,time and the court.
Customer: replied 1 year ago.
My computer says that in my mail box you have replied to the question regarding were there any order or directions made by the court, but I am unable to display it as my computer is having a wobbly on me.Please can you if you have replied display it here. Thank you. My computer is old like me.
Customer: replied 1 year ago.
I have clicked on View Response in my mail box. There is NO response there. PLEASE can you display your answer on this page and if not why not.? I am rather disappointed that dispite an emil saying view response, the response can not be viewed.
Expert:  Harris replied 1 year ago.

Apologies for the confusion. It is usual if it is the first hearing that there is a standard direction for the defendant to file a defence within 14 days of the claim being issued and served on them. If they turn up on the day with their defence then they will need to explain and prove to the court the reasons for non-compliance.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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