Show Posts - ChromeX1

Quote from: DWMB2 on 23 Feb, 2025 11:47Quote from: ChromeX1 on 23 Feb, 2025 11:41Quote from: b789 on 22 Feb, 2025 03:26Please show us the N279.Will do once received The email you shared suggested one was enclosed, was it not?If you can share once you have one (and chase if one isn't forthcoming) that would be appreciated. Our friendly neighbours on the MoneySavingExpert forum are keeping a track of DCB Legal's continuing pattern of late discontinuations.Sorry that's right, I missed that apologies.https://share.cleanshot.com/sq94p4CFIs there anything further that I need to do?

Quote from: b789 on 22 Feb, 2025 03:26Please show us the N279.Will do once received

Quote from: b789 on 10 Feb, 2025 18:19Quote from: ChromeX1 on 10 Feb, 2025 18:17I assume I should still go ahead and submit that letter and complaint as you've advised above and ignore the WS requirement until I receive further letters?Yes@b789, thanks for all your support on the matter. Received an email from DCB this morning confirming they are dropping the case!"We act for the Claimant in the above matter.   Our client has instructed us to discontinue Court proceedings and close our file. Therefore, please find enclosed the Claimant’s N279 Notice of Discontinuance for your records.   The attached has also been filed with the Court.  We will now proceed to close our file accordingly. "Once again huge thanks for the support and for all the work you do against these thieves!

Quote from: b789 on 10 Feb, 2025 15:54Don't worry to much about the WS filing deadline, It won't matter too much in this case if the claimant does comply with the court order and they are required to send you a copy of the amended PoC which you can then. use to put together a WS once you receive it, even if they only submit it by the 26th February deadline.There is a lot of discretion by the court in small claim such as these.The odds of the claimant fulfilling the order are extremely low and they still have the 3rd April deadline to pay the hearing fee, which is even less likely to happen, which means that the claim will be struck out anyway.Thank you - I assume I should still go ahead and submit that letter and complaint as you've advised above and ignore the WS requirement until I receive further letters?

Quote from: b789 on 10 Feb, 2025 15:50Send the following to the court manager at Nottingham County Court:Quote[Your Name][Your Address][City, Postcode][Your Email][Your Phone Number][Date]Court ManagerNottingham County Court60 Canal StreetNottinghamNG1 7EJURGENT: Request for Permission to Amend Defence – Procedural Oversight in Court OrderDear Court Manager,Re: Case No. L0KF4D2J – Euro Car Parks Ltd v [Defendant Name]I write in relation to the above case, following the order dated 5th February 2025 issued by Deputy District Judge Griffiths.The order required the claimant to file further Particulars of Claim (PoC) by 26th February due to the inadequacy of their original PoC to comply with CPR 16.4. However, it does not permit me, the defendant, to file an amended defence in response to the new PoC, despite the fundamental changes this will introduce to the case.This omission appears to be a procedural oversight because:• The court has already found that the original PoC lacked the required detail under CPR 16.4.• My existing defence was drafted in response to the previous defective PoC, meaning I have not had the opportunity to respond to the new case against me.• Requiring me to submit only a witness statement and evidence by 26th February (without an amended defence) is procedurally unfair and does not comply with the Overriding Objective (CPR 1.1).• It is standard practice that when a claimant is ordered to file further PoC, the defendant should be given an opportunity to respond by way of an amended defence.I respectfully request that the court confirms:1. That I am permitted to file an amended defence within 14 days of service of the further PoC.2. If the court considers that an N244 application is required for this procedural correction, please confirm whether:• The court fee applies given that this arises from the court’s own order.• The matter will be considered on paper rather than requiring a hearing.Given the imminent deadline of 26th February, I would be grateful for an expedited response so that I may prepare accordingly.I would appreciate a written confirmation of the court’s position at your earliest convenience.Yours faithfully,[Your Full Name]DefendantIf possible, you can hand the letter in to the court personally but make sure that they give you a receipt for it. Otherwise, you send it as a PDF attachment in an email to enquiries.nottingham.countycourt@justice.gov.uk AND by first class post using free "Certificate of Posting" from any post office.You can also send it using the online complaints form here: https://hmcts-complaint-form-eng.form.service.justice.gov.ukJust make sure that you copy and paste the following in the appropriate boxes and then also upload the copy of the order:Q. Your complaint:QuoteI received a copy of an order dated 5th February 2025 issued by Deputy District Judge Griffiths. The order required the claimant to file further Particulars of Claim (PoC) by 26th February due to the inadequacy of their original PoC to comply with CPR 16.4. However, it does not permit me, the defendant, to file an amended defence in response to the new PoC, despite the fundamental changes this will introduce to the case. This omission appears to be a procedural oversight because:• The court has already found that the original PoC lacked the required detail under CPR 16.4.• My existing defence was drafted in response to the previous defective PoC, meaning I have not had the opportunity to respond to the new case against me.• Requiring me to submit only a witness statement and evidence by 26th February (without an amended defence) is procedurally unfair and does not comply with the Overriding Objective (CPR 1.1).• It is standard practice that when a claimant is ordered to file further PoC, the defendant should be given an opportunity to respond by way of an amended defence.Q: How has this affected you?:QuoteThis has caused confusion and distress.Q. What can we do to put this right?:QuoteI respectfully request that the court confirms:1. That I am permitted to file an amended defence within 14 days of service of the further PoC.2. If the court considers that an N244 application is required for this procedural correction, please confirm whether:• The court fee applies given that this arises from the court’s own order.• The matter will be considered on paper rather than requiring a hearing.Given the imminent deadline of 26th February, I would be grateful for an expedited response so that I may prepare accordingly. I would appreciate a written confirmation of the court’s position at your earliest convenience.All the other questions are self explanatory.Thank you, I appreciate you taking the time to support me on this.Once submitted, is there anything I need to do?

Quote from: b789 on 10 Feb, 2025 15:10You won't be attending any hearing because they will discontinue. However, the DDJ has made an error in the order because they have ordered the claimant to provide further detailed PoC without giving the defendant an opportunity to submit an amended defence in response.Have you shown us ALL the pages from the Notice of Trial Date (the order)? It looks like there may be a page or more missing.Thanks, so is there anything I need to do? Sorry for the silly question but just want to make sure any actions on my behalf are covered.Yes there were a couple extra pages but it a FAQ sheet, see attached.https://imgur.com/a/ohVa2MNThanks for the support.

Quote from: jfollows on 10 Feb, 2025 14:482pm on 3 April 2025 is the date for your diary, when DCBL won’t pay the court fee and the case will be struck out.Ignore everything from DCBL. And DCB Legal’s offers to settle.Thanks, do I have to attend?What about the requested documents? I previously submitted a deference statement that @b789 / @DWMB2 kindly drafted. Do I submit the same one again?

Hello @b789 and @DWMB2,Just an update on the case, it seems it's been passed to the court and I have a hearing date set - is this part of the process?Images of the letter/email received.https://imgur.com/a/d2cokT2Just want to confirm, is the expectation that I submit the same defence statement to the court again or do I need to prepare anything different this time around?Do I have to attend?Also received an email from DCB Legal with a proposal to pay £255 to close the claim - which I assume I should also ignore.Thank you for your time and support as always

Quote from: b789 on 13 Jan, 2025 17:21Yes. All going to plan. Is Nottingham your local county court?Thanks for confirming, and yes

Quote from: b789 on 13 Nov, 2024 18:03For any claim issued since May this year, it is now mandatory to "attend" a mediation phone call. This is not part of the actual judicial process. There is no judge or lawyers involved. The only requirement is to "attend" the call.So, you offer £0 and it is over in minutes. Do not agree to settle anything. If the mediator tries to persuade you that you should consider any offer or that if you don't you may not win, you must report that person in a complaint. They are not legally trained and must not be giving any legal advice or suggestion.So, offer £0 and carry on with your life.Hello @b789 and @DWMB2,Just an update on my case, I received the below following my participation in the mediation phone call.Is this all going to plan still?https://share.cleanshot.com/vkH6mmyD

Quote from: b789 on 13 Nov, 2024 18:03For any claim issued since May this year, it is now mandatory to "attend" a mediation phone call. This is not part of the actual judicial process. There is no judge or lawyers involved. The only requirement is to "attend" the call.So, you offer £0 and it is over in minutes. Do not agree to settle anything. If the mediator tries to persuade you that you should consider any offer or that if you don't you may not win, you must report that person in a complaint. They are not legally trained and must not be giving any legal advice or suggestion.So, offer £0 and carry on with your life.Brilliant, thanks for confirming.

Hello @b789 and @DWMB2,I have just recieved the following. Is this normal? Do I attend the Mediation Appointment? any tips on what I should do please?https://imgur.com/a/sGwA8k5

Quote from: DWMB2 on 24 Sep, 2024 16:25Yes, all part of their standard procedure. Just keep going - I wouldn't bother calling them to discuss settling, you're not interested in paying anything.Great thank you for confirming so quickly! Much appreciated.

Quote from: b789 on 17 Sep, 2024 10:14You are done with MCOL and it should only be used for checking your history until it is referred to a court local to you. The only action needed to make with MCOL was the AoS.You defence will be sent from your own email address ideally.Hello @b789 and @DWMB2,Defence was submitted and I have received the following email from DCB. is this normal?https://imgur.com/u4xFYIVBare in mind they have sent this email to my personal address (when I asked them to provide the original PNC). The email on the AoS is different.

Quote from: b789 on 17 Sep, 2024 06:39You can just send the defence from your email address. As long as the autoresponse is received, that’s all that matters.If your brother completed the AoS and did it all in your name, is what is important. Did he use his Government Gateway ID or yours to access MCOL?Thanks; I'll make sure all comms are from his account. I logged onto the MCOL but I did not perform any actions.