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Telephone hearing advice needed

5 replies

mutantninja · 17/03/2020 16:44

Hello, I have tried asking the court and citizens advice but no joy. I am the claimant and put a claim through 'small claims' but the defendant couldn't get their wheelchair into the court building so there is now a telephone hearing scheduled. As the claimant I must arrange a third party provider to record the call. I can do all of this, except I don't have agreement from the defendant on which phone number I should use to set it up. They are, not surprisingly, ignoring me. Any idea what I should do? Thanks for any help, in advance.

OP posts:
Evalina · 28/03/2020 07:36

Why does the defendant need to supply a phone number? Can't you use yours or a Teleconference number and just notify them of it?

PerryMasonsFriend · 29/03/2020 18:07

You should notify the court of what you have told us here in writing and well before the hearing.

The court can then make an order to require the Defendant to provide a phone number. You may want to ask that the court does this in your letter.

If the D doesn't provide a number he will be in contempt of court if there is an order requiring him to do so.

At the same time, I would write again to the D enclose a copy of your letter to the Court and say that if he fails to attend by telephone that you will ask the Court to enter judgment for you in default of appearance.

You may need to prove to the Court that the D was on notice of the hearing and your attempts to contact him so things like (depending on how you are contacting him) email delivery receipts or letters sent signed for are useful - desirable but not essential if you are a litigant in person.

Good luck with your hearing.

PerryMasonsFriend · 29/03/2020 18:09

@Evalina - normally with Court telephone hearings the Court/BT legal/ conference telecom host will do the calling because they hold the Judge's number.

So they call the parties and their lawyers first, get everyone on the phone and then they add the Judge into the call.

In my experience, it is not a conference where the parties themselves dial in.

EnlightenedOwl · 29/03/2020 18:13

ok you do need to set it up there are to the best of my knowledge 3 approved providers. The one we use is Legal Connect if you go to their webpage you can book the hearing through filling in a form or by ringing them. You provide all the parties details inc court and claim number if you haven't got a Judge yet just say so and provide the court's number. Also your number and the defendant's. Then on the day the operator will dial out to you all and join you on the conference. I think they get you and the defendant first then dial out to the Judge last Does that help?

EnlightenedOwl · 29/03/2020 18:16

sorry missed a bit out if you advise legal connect you are awaiting the D's contact number then request this from the D and in absence of a response contact the court, if they are not contactable as posted above judgment will likely be entered in default with costs awarded against the Defendant

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