Has he forgotten already?

Robinson way Hoist Portfolio court action

It’s been just a couple of weeks since this poor OP went to court and left with a CCJ, despite the fact that the claimant had failed to produce the agreement: OP loses in court and gets CCJ. Nemesis45 is, once more, saying simply:

No agreement no enforcement.Nem

Really? Has he ever heard about Arrow v Frost by any chance? Probably not!

Fact is, you can’t just make a blanket statement like that, which is precisely how poor Nicki, mentioned above, lost in court.

Also, an extension to file your defence is something agreed by both parties, saying that they want the extension to be able to locate the documents is neither here nor there. Many claimants used to refuse point blank to agree to an extension, despite not complying with the defendant’s requests in time. This type of behaviour doesn’t make them look their best in the eyes of the court; much better for them to offer to agree to an extension of time, which is why they do it.

In the end, filing a defence is the beginning of the process, not the end. The claimant will have plenty of time to come up with the documents. In a small claims case, this will be 14 days before the trial date. They have 28 days to respond to the defence, then come the directions questionnaires, etc. The trial date is likely to be at least four months away, they will have plenty of time to come up with the documents, 14 days won’t make or break their case.

Trouble is, when you submit a defence based purely on no documents received, then what happens if they find them? Nemesis45 never asks further questions regarding the history of the account, etc. which could be useful to defend the claim other than just relying on them not sending them documents. As has been seen in Nicki’s case, unless a LIP (Litigant In Person) is well prepared, they can easily lose even without the claimant having come up with the goods.

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