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  • #1

    Summons for Magistrates Court

    A bit unusual and not much info found. Has anybody any pointers?

    A colleague has had some work done on a party wall, with an agreed Party Wall surveyor. Unfortunately, last minute costs have been awarded to a neighbour with additional costs for the surveyor. There is no breakdown of costs, despite many requests - with the retort ' my estimates pay up or else' .

    Now a Magistrates' Court Summons has been received. The court hearing is next Tuesday, so the surveyor has been sitting on it for over a month since its issue.

    Is there not a minimum time between service and hearing in Magistrates' Courts?
    Tags: act, bill, breakdown, costs, council, council tax, court, court summons, courts, criminal, debt, ing, legal, loss, magistrates, paid, pay, rates, risky, summons, tax, third party, withdraw
  • #2
    Re: Summons for Magistrates Court

    Sorry julian, I don't have a clue. Maybe PM PlanB?
    Let your smile change the world but don't let the world change your smile

    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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    • #3
      Re: Summons for Magistrates Court

      So is this a criminal manner?
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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      • #4
        Re: Summons for Magistrates Court

        It seems to be a particularity of the Party Wall Act that an unpaid bill related to the Award can be dealt with within 6 months as a Summary Offence for debt in a Magistrates Court. The bill is unpaid because no evidence of loss or breakdown costs relating to the bill, in the guise of an Addendum, has been provided. The neighbour being a chancer and the surveyor unprofessional.

        I suppose it is similar to a Council Tax Summons. The CPR does not appear to stipulate other than a "reasonable time", but 5 days including a weekend does not seem reasonable.
        Last edited by julian; 3 March 2017, 10:46.

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        • #5
          Re: Summons for Magistrates Court

          Why not check with Jo? Get a legal point of view....
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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          • #6
            Re: Summons for Magistrates Court

            Originally posted by Pixie View Post
            Sorry julian, I don't have a clue. Maybe PM PlanB?
            No PM received yet

            Di

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            • #7
              Re: Summons for Magistrates Court

              Originally posted by julian View Post
              A colleague has had some work done on a party wall, with an agreed Party Wall surveyor. Unfortunately, last minute costs have been awarded to a neighbour with additional costs for the surveyor. There is no breakdown of costs, despite many requests - with the retort ' my estimates pay up or else' .

              Now a Magistrates' Court Summons has been received. The court hearing is next Tuesday . . .
              Would your colleague like to join the forum to get help?

              Advice to a third party via a go-between is risky for both the advice giver and the advice taker.

              Di
              • 5 likes

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              • #8
                Re: Summons for Magistrates Court

                I heard it went OK, albeit after a very busy few days sorting out the very limited legal precedents. A couple of calls to the court, and nobody could respond re the legality as the Magistrates Court Act only says serve summons in 'reasonable' time, which is in the Magistrates' opinion. With quaking knees he entered and the bench apologised. No swift beheading, but has day in court in a few months, to the chagrin of he complainants who expected to walk away with costs, and now need to pay £500 for a trial..

                He expects them to withdraw.

                Job done. Thanks all.

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                • #9
                  Re: Summons for Magistrates Court

                  As a rider. The majority of the specialist firms dealing with summonses expect a criminal case, not a civil case, and cannot advise. The majority of specialist firms re party walls contacted do not have expertise in enforcement of the debt aspect only HSE and HRMC where massive finesn are levied. The Court Solicitor also has no interest or support as it a non-custodial offence.

                  Another string to your bow.
                  Knowledge is power.

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