Chases by debt recovery two years after purported offence

crazynana · 2 March 2017 at 12:51AM

it will have a date on that you must return it by you have to sent a copy to all parties

crazynana · 2 March 2017 at 1:00AM

there will be a date on when it has to be sent back by and you have to sent a copy to all parties including the court

Coupon-mad · 2 March 2017 at 1:22AM

MA61 wrote: »

Hello everyone

This is still rumbling on, I filed the AOS and then a Defence Statement which I cobbled together hurriedly based upon one of the model ones on here for Gladstone's.

MCOL now says I have been sent a DQ. I may have explained that I spend most of the time staying at my mum's since my dad passed and still have my place where all my post goes - this means I haven't actually got it in my hand yet.

Can anyone tell me how long I have to respond to the DQ, and any pointers on completing it and preparing my defence please? I don't mean to be high maintenance but I've done a good job of winging it so far and want to get it right now! Thanks as ever for your time.

No need to wing it any more, we will help you get this right.

All your questions are answered by bargepole in his posts I have linked in the NEWBIES FAQS thread near the top of the forum, under the heading 'Small Claim?'. One thread of bargepole's linked there is dedicated to explaining the paperwork processes and what to fill in each document and who to send it to and by when.

MA61 · 2 March 2017 at 9:56AM

crazynana wrote: »

there will be a date on when it has to be sent back by and you have to sent a copy to all parties including the court

Haha, thanks - I did realise that, believe it or not!....It's just that I don't have it in my hand and thought there might be a statutory timescale that would enable me to work out when that date was, as I am going to have to drive 100 miles to go and get the document (and visit my flat anyway) and wondered if I was short of time.

MA61 · 2 March 2017 at 9:58AM

Coupon-mad wrote: »

No need to wing it any more, we will help you get this right.

All your questions are answered by bargepole in his posts I have linked in the NEWBIES FAQS thread near the top of the forum, under the heading 'Small Claim?'. One thread of bargepole's linked there is dedicated to explaining the paperwork processes and what to fill in each document and who to send it to and by when.

Many many thanks, I have read the thread and bookmarked it. Thanks for the encouragement. I will keep you posted on here as I progress - it means a lot to know that people are behind me as I refused to be bullied by these shysters

MA61 · 2 March 2017 at 10:52AM

Well seeing as I have a bit of time this morning I phoned up the place in Northampton and the helpful woman I spoke to is emailing the DQ to me.

Might help others to know for future reference that you can do this.

MA61 · 10 March 2017 at 2:42PM

I am just getting this filled in over lunch.

I have read the below guidance from the FAQ:

After sending off your Defence, the Northampton Business centre will send a copy to the Claimant, and then send a Directions Questionnaire (form N180) to both Claimant and Defendant. You must complete this by the date given, and send it back to Northampton, with a copy to the other side (or their solicitors if they've nominated one as the address for service). The recommended answers to the questions are as follows:
A1 = NO to mediation (they want the whole amount, you want to pay them nothing, so no scope for mediation. This will not go against you)

B = fill in all the details, name, address, etc

C1 = YES to small claims track – this is the limited costs track for claims up to £10,000 in value

D1 = name of your local County Court – unless you are a Ltd company, the case files will be transferred there

D2 = NO to expert evidence (this relates to medical negligence cases and suchlike)

D3 = 1 witness (that’s you) (or more if you are going to get another person to provide a statement)

D4 = Put down the dates of any pre-booked holidays, NO to interpreter (unless you need one).

Note: Gladstones are currently including a 'request for special directions' asking the Court to hear the case on the papers only, without an oral hearing. You should oppose this, and include the following text in D1: “The Defendant opposes the Claimant’s request for special directions, and requests that the case be listed for an oral hearing at the defendant’s home court, pursuant to CPR 26.2A(3)”.

My main questions/ concerns are as follows:

1. Nowhere do I see a 'request for special directions'. So far I have only received:

- Notice of Proposed Allocation to the Small Claims Track
- And an attached form N180 which I will fill in.

2. Nowhere does it say how I serve it on other parties? I assume I just send a copy to Gladstones?

3. If I am serving to them, presumably they need to serve to me - but I have not received anything? Therefore I am worried about that there is a 'request for special directions' asking the Court to hear the case on the papers only, without an oral hearing, which I am not able to respond to?

My deadline for response is 13 March so will need to get these in the post ideally, or at latest tomorrow. With signed for on both?

Grateful as ever for your help! Thank you!

Coupon-mad · 11 March 2017 at 10:39PM

I wonder if they've stopped that Special Directions rubbish then...

Anyway just do what you need to do, yes you can just email a copy to Gladstones and send the original to the court which an also be by email:

ccbcaq@hmcts.gsi.gov.uk

Yes they have to send you their DQ as well. If they request Special Directions then you could always email or post an objection letter to CCBC but the bottom line is, you will have already filled in a DQ asking for a hearing at your local court, and as a lay person, that's what you get.

MA61 · 13 March 2017 at 7:46PM

Thanks for your guidance, as always.

Form was sent electronically to courts and also to Gladstones by email.

Should I start a new thread in respect of preparing for court or just continue here?

Do I need to do concern myself that these disreputable shysters are also fifth columnists who read this forum?

With thanks
A

Coupon-mad · 13 March 2017 at 8:43PM

Continue here please, all in one thread. When you hit reply, we always see your thread at the top again.

Do I need to do concern myself that these disreputable shysters are also fifth columnists who read this forum?

I wouldn't worry. There are plenty of shysters who read this forum. If they are that sad and have nothing better to do without contributing or posting or doing a day's honest work, let them...

Having said that, be careful what you post in terms of who was driving (don't post about it unless that's already admitted).

Chases by debt recovery two years after purported offence

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