Problems with money claim hearing

[mydogisthebest]

DH is a gas engineer. Last April a customer issued a money claim against him.

In June he was told that it would be a hearing over the telephone and asked for dates to avoid for the next 6 months.

He gave his dates but did say he was not totally happy with a phone hearing as he has hearing problems.

He was given a date in November but the day before it was cancelled.

In January he was given a date of 24th February. This is a problem as we are going to be away. We will be in the UK but DH is not keen on having to talk about this either in our hotel or out somewhere. He is more likely to struggle to hear and also doesn't really want other people to overhear.

He contacted the Court who said the date could only be changed if the Claimant agreed. DH wrote to the Claimant, sending the letter as signed for. They have never replied.

The Court don't seem interested but how can they originally ask for unavailable dates and then just give a date? Also why are hearings like this still having to take place over the phone?

Any ideas on what he can do, if anything?

Bumping this for you, OP.

The courts are shit. This is their standard bollocks.

I would contact them and say he needs a reasonable adjustment under the Equality Act because he has a disability (hearing problems) and needs an in person hearing.

@Stringervest

The courts are shit. This is their standard bollocks.

I would contact them and say he needs a reasonable adjustment under the Equality Act because he has a disability (hearing problems) and needs an in person hearing.

Thank you. He is going to try to phone them today although when he has tried before he has had no success.

I also meant to ask if anyone know if DH doesn't manage the phone hearing (we have no idea who the phone reception is like where we are going to be staying) will the Court automatically find in the Claimant's favour?

If it is a trial and your DH doesn't attend then yes, it probably will.

You can make an application to move the trial date but whether it will be looked at in time will depend on how far away the date is. There is a pretty huge backlog in most county courts at the moment.

Sorry, I've just seen you've put the date. I think it's best to call them in the first instance as an application may not heard in time, plus ok pretty sure the application fee is £250.

It just seems unfair and ridiculous that they originally ask for unavailable dates up to the end of 2021 and then give a date in 2022!

It is just bad luck that we happen to be away that week and it was arranged some time ago.

He can try phoning the court.

Is there any equipment he can only access at home in relation to the hearing impairment? If not he is as well doing it wherever you are staying as anywhere else. He could also find a quite spot in the car the day before and do it there if he is worrying about people you are staying with overhearing.

@eurochick

He can try phoning the court.

Is there any equipment he can only access at home in relation to the hearing impairment? If not he is as well doing it wherever you are staying as anywhere else. He could also find a quite spot in the car the day before and do it there if he is worrying about people you are staying with overhearing.

He has tried phoning the Court. They either don't ever answer or are just unhelpful.

They told him the date cannot be changed without the Claimant's consent but the Claimant doesn't reply to his letters.

He was going to use the landline as he can hear clearer on that.

We are not going by car so he can't sit in it to use his mobile. We have no idea what the signal is like where we are going and his phone often has a weak signal wherever he is

Write to the Court, mark it urgent, explain the history about fixing the date, enclose a copy of the letter to the Claimant and any evidence that the Claimant received the letter, request an in-person hearing as a reasonable adjustment under the Equality Act for his hearing disability, provide any evidence you can of that disability (eg. GP letter). Address the letter to the Court Listing Office and to the Clerk to the Judge who will conduct the hearing (if you know his/her name) or else to the Senior Judge.

This is good advice. The main thing is you want to get the relevant info onto the court file in time for the trial so that if the hearing goes ahead and DH doesn't attend or can't hear the judge knows the background. Also, you could try taking the call for DH. Judge probably won't let you speak on your behalf but it allows you to explain the position re his hearing in the event that the judge isn't already aware of this.

I am going to write a letter now and send it today. Hopefully they will have the courtesy to reply.

It's like banging your head against a brick wall.

Write to the court, send it by email with a read receipt. Tell them that the claim is not suitable for a hearing by telephone. Your reasons are that the defendant is a litigant in person who has a disability requiring reasonable adjustments. Request that the hearing be vacated and relisted for an in person hearing.

In a separate paragraph inform the court of any dates to avoid for the next six months (including this holiday) and ask them to relist for an in person hearing on the next available date.

Send a copy to the claimant and tell the claimant that they have 7 days to confirm their agreement to the hearing being vacated and relisted in person and if you do not hear from them you will make an application to the court and seek your costs of doing so.

If you are staying in a hotel and you can't sort it out with the court I am sure most hotels would understand and have an office / private room you could use.