Help Needed re Small Claims Track

[Didsbury Dave]

I know we have legal eagles on here and wondered if anyone had experience with the smalls claims track. I' do have quite a bit of court experience but have a new problem I'm not getting an answer on.

My wife and I are the claimants and confident of our case which comes up in July of this year. We had a date given by the court as normal to provide our evidence bundle to both the court and also to the other party. We did that. However we got no evidence bundle sent to us from the defendant. We contacted the court who have received his evidence bundle but we've chased the guy who's just rude and absuive (and illiterate) with "i sent it - not my problem" type messages. My wife's been contacting him via email to ask for the evidence but is either being ignored or getting these messages, which obviously we have kept.

What do we do next? We can't conduct a case without seeing his evidence and he's legally bound to provide it but hasn't. Now he's practically sticking his middle finger up at us. Can we apply for the case to be judged by default?

Any help gratefully received as I'm struggling to find the answer to this question anywhere.

 

[Blue Smarties]

That’s a real shame mate. I consider myself a real legal eagle after studying law at a levels and thinking of continuing my studies at university before going on to become a global legal eagle for the rich and famous. I ended up ditching my a levels halfway through and my well thought out advise to you is to brick his windows and torch his house.

 

[blue b4 the moon]

I'd guess you'll end up in court, tell your story of not getting the bundle, it'll get adjourned and then you'll have to go again.

Can you not talk to someone higher up than the clerk?