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#Post#: 66804--------------------------------------------------
Small claim struck out
By: Vada_nevada Date: April 12, 2025, 2:55 pm
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I am a claimant for a small claim for negligence and breach of
duty of care. I have been through all stages including
mediation, offers and ended up having a preliminary hearing at
court. I was late for the hearing for 3 minutes and was not
allowed in by the judge. Later received a letter saying the
following:
The claim was struck out (see attached). Reasoning is quite
unclear to me, as well as the next course of actions.
I suppose, I can potentially appeal, as I was rushing on weekday
with a newborn and the lift was out of order. The judge was very
rude towards me and also the defendant failed on so many
occasions with providing me documents.
Alternatively, I can start a fresh claim? Please advise.
[attachment deleted by admin]
#Post#: 66808--------------------------------------------------
Re: Small claim struck out
By: roythebus Date: April 12, 2025, 3:06 pm
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The whole legal system is broken, I've had tussles with very
rude and intimidating CC judges over the last 20 years. They
messed my partner around with a substantial claim about 8 years
ago, cancelling at the last minute, next session was som 4
months later at a court in town M, then moved t a day-s notice
to town R, then we were delayed on the way to town R, phoned the
court to advise of delays, only to be told the cae was at a
court in town D starting in ten minutes. we were still 30 miles
away at the time. My partner won her claim but never, ever,
received any paperwork for the case which still remains only
part-paid.
All I can suggest is to get the striking out order overturned if
that is possibly. did you claim through MCOL? they are usually
quite helpful.
.
#Post#: 66825--------------------------------------------------
Re: Small claim struck out
By: Vada_nevada Date: April 12, 2025, 5:55 pm
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Please could you advise how to do overturning? Yes, I applied
through money claim.
It took me almost a year of debating and filing several forms
and letters, mediation, I have all the proof, yet there seemed
to be such a disbalance in justice in my case. Defendant acts in
such a dumb way just denying all legations without any evidence.
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