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Messages - Eryobotrya

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1
Oh, hang on a mo. The directions refer to my daughter as the defendant. Isn't she now the claimant?

2
That's what I thought.

 
Quote
From:
enquiries.bromley.countycourt@justice.gov.uk
To:
Xxxxxx Xxxxxxx
Cc:laurent@dcblegal.co.uk,

Thu, 18 Dec at 15:22

Good afternoon,

Thank you for your email dated 08/12/2025. This along with the case file was referred to the Judge for further directions. Please see the Judge’s comments below.

'Defendant needs to make formal application on form N244.'


Kind Regards,

Miss Hadia Hanif
Civil Back Office
The County Court at Bromley

3
The judge has directed completion of form N244.
Need some guidance re. Q's 1&2. Am I answering as her legal rep, or as the claimant?

And before we proceed any further, do you know if there is a fee for filing this form?

TIA, and Merry Xmas

5
OK, thx.

All done bar the sending. Before I send the letter to the court, do I cc DCB Legal?

7
OK, got it. Thx.

And phew! Good to know all that hard work (ie, yours) hasn't gone to waste.

8
Sorry, back again.

OK, so I tried to amalgamate your draft letters to the court posted at #141 and 144 into a single letter, and it's fairly clear to me from those drafts that the only costs I can claim appear to relate exclusively to post-discontinuance time spent. But as already advised, that was all my time - not the defendant's - which you have told me cannot be claimed.

The defendant spent approx. 4-5hrs of her time on this claim, but that was all pre-discontinuance. If she cannot claim pre-discontinuance time, doesn't that remove the raison d'etre for the letter to the court? The complaint to the SRA is looking like the only valid option available to us in this case - unless you can explicitly confirm that pre-discontinuance costs can be claimed.

I'm not sure how DCB Legal can be held liable for those costs, and I don't want to submit a fraudulent claim just to make a point about their non-compliance and ignorance of process.

9
No, not worried about anything as such. Just thought it might look a bit odd if the signatory was different from the e-mail a/c name.

OK, thx for all the advice. About to file the complaint & claim now - at last. I'll assume you want me to report back on any progress/response from the court as I get it, unless you tell me otherwise.

Thx again for guiding me thru this. Really appreciated.

10
OK, thx.

Again, can it go out from my email account but with her typed name as the signature?

or ...

Should I prepare the correspondence for her to send from her email a/c?

If only I could claim for your and my time too  :-\

11
Well b789, you must deal with at least dozens of cases every week, so I wouldn't necessarily expect you to remember the particulars of every case you have ever handled.

But no, this is muggins fighting on behalf of his daughter, who would just cough up on first sight of a PCN for the sake of an easy life if it was left to her. She doesn't have the time for all this, and, of course, I have nothing better to do. So ........

1. OK, so she can claim for ALL the time she personally spent on this, right? If you include the two round trips to the site, the two lists of facts, and numerous exchanges with me on WhatsApp, etc., I estimate time spent to be iro 5.00hrs, give or take. But it's only an estimate. No precise records were kept. Would that be acceptable to the court, or should we deliberately underestimate to be on the 'safe' side?

2. Is the correspondence with the court, etc., to be conducted via email or hard copy via post? 

TIA.

12
Sorry, but I just can't reconcile what appears to be a direct conflict in your advice. In comment #130, you said:

Quote
Only the defendant can claim costs. Any request for costs must be made by the defendant and can only relate to their own time.

In comment #144, you then list a schedule of costs for time that I spent on behalf of the defendant, and for which you already said she cannot claim. It was my time, not hers, although she has spent other time defending this claim that you haven't listed.

For example, she prepared a bullet-point list of the facts surrounding the circumstances of the alleged infraction of the PPC's Ts&Cs - twice in fact, cos the first one was lost when Pepipoo went AWOL. She also returned to the scene of the 'crime' twice to obtain pictures of the signage for the same reason. She also spent time answering my questions whenever you posed a question that I couldn't answer without asking her, etc. Some of it is a matter of record on WhatsApp. But none of that time relates directly to dealing with DCBL. All of that was done by me.

Under those circumstances, does she have a claim for costs? IOW, can she claim for all the other stuff that predates my communications with Lauren Travis/DCBL? If not, then we will have to forgo the claim for costs and just make this a complaint about process, no? 

13
So presumably compliant then?

14
Thx mate, and hopefully this link will take you straight to the redacted N279:

https://ibb.co/NdTdwzcC

15
Seems IMGUR is no longer available to UK users. Care to suggest an alternative hosting site?

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