Eversheds- court hearing - NOT!greenspun.com : LUSENET : Repossession : One Thread
Eversheds are now in the process of taking me to court (in Cardiff). miles away from my home town. are they allowed to do this Knowing that my financial circumstances will not allow me to travel all that way . Could someone please tell me if the hearing should be held in our local county court where at least icould be able to defend myself. Maybe this is just dirty tricks on Eversheds behalf!!
-- Gary Parton (firstname.lastname@example.org), May 30, 2001
This is in direct contravention of the "level playing field concept" but wholly typical of Evershite's tactics, so I hear. You should immediately contact the Court and your local CAB who will assist you to lodge a complaint about the location on hardship grounds. Copy the letter to Evershed's, recorded delivery. A fundamental tenet of the Law is that any defendent has the inalienable right to defend his or herself. You are being denied this opportunity and should object vociferously. Evershed's you are disgraceful.
-- Too scared to say (email@example.com), May 30, 2001.
I assume that you have received a claim form from Eversheds through the Court? If so, then complete the form to say that you are defending the claim and send it back to the Court. It is my understanding that the case will automatically be moved to your local county court.
If the branch of Eversheds that you're dealing with is in or near Cardiff, then it would be understandable that the claim is issued out of Cardiff County Court. As far as I am aware, all defended claims are moved to the defendants local court automatically.
If you don't have much time left to make your defence, then you can issue a "holding defence" - this is basically saying that you've got a defence but need a little more time to put it together. Then you'll get extra time.
Courts aren't supposed to give legal advice, but they can tell you procedure, and if you give them a call, they'll be able to confirm what you need to do.
If you can afford to, see a solicitor for help, most firms still do a half hours free advice scheme (not necessarily linked to Legal Help) which may be enough to put you onthe right track.
Hope this helps.
-- pendle (firstname.lastname@example.org), May 30, 2001.
I can confirm what Pendle has said. We live in Devon and our summons was issued through the court in High Wycombe, we put forward a defence and it was automatically transferred to our local court.
-- jacky jones (email@example.com), May 30, 2001.
Just for the record Gary, Eversheds seem to issue all proceedings in Cardiff, and this is because their Debt Recovery Unit is based there.
Have you had any proper legal advice?
-- bluemoon (BlueMoon@mcfc.co.uk), May 31, 2001.
"Eversheds are now in the process of taking me to court (in Cardiff)."
I would love to see a copy of this claim form. What are Eversheds taking you to court *for*, exactly? By the way, is is anything to do with repossession? You don't actually specify!
Or is just actually threats, emanating from Cardiff, which you worried by? Please say, and more people may be able to contribute a response.
-- Eleanor Scott (firstname.lastname@example.org), June 01, 2001.
Pendle is spot on. If the summons/claim is not issued from your local county court then it will/should automatically be transfered to your local court (been there-got the tee-shirt). If they do issue one, please make sure you reply otherwise the judgement will be made in default making it difficult to get future credit.
-- (email@example.com), June 02, 2001.