Northampton Court Claim arrived (MCOL)

JackBasta

That's pretty good. I'm right up for that. Let's see if I win first...

JackBasta

ok, after sending my defence, I got an acknowledgement of receipt of the defence from the courts.

And today now, I've received a letter from Gladstones saying they've notified the court of their client's intention to proceed with the claim, and enclosed a copy of their filled in practice directions questionnaire and their standard request for special direction for the case to be heard on papers alone.

Now from bargepole's sticky, I know I'm supposed to fill in a practice direction questionnaire myself where I deny their special direction and ask for it to be heard in my local court.

Do I now just wait for the questionnaire to arrive from the court? Does the court wait until they hear off the claimant before they send it out to me? Just want to make sure I'm not missing any deadlines.

Coupon-mad

Wait for the DQ. I expect Gladstones send a template version DQ to victims, ahead of even getting theirs from the court!

And read hopsfield's thread or Gin and Milk's thread, for examples of how to hit back with a covering letter with your DQ, kicking out the 'special directions' and having another stab at getting the claim struck out.

JackBasta

ok. I sent in my DQ denying Gladstones special directions, and again asked for a strikeout due to incoherent POC's.

I've now recieved a letter from my local court:

Before District Judge Bennett sitting at county court etc.

IT IS ORDERED THAT

1. The Claimant send to the court and the Defendant a fully particularised Particulars of Claim by 2pm on 2nd Feb 2017. In default of compliance the claim will be struck out without further order.

2. The Defendant send to the court a fully particularised defence by 2pm on 16th Feb 2017.

Upon compliance with the above directions, the matter will be referred to the District Judge for further allocation/directions.

So I guess the Judge has understood that Gladstones are being a bit unfair, but instead of striking out, he's given them the opportunity to put a proper claim in and then giving me the chance to properly defend it.

So as I've already sent in a blanket defence, I guess now, my new defence will be JUST defending on whatever they put in their detailed claim?

Coupon-mad

1. The Claimant send to the court and the Defendant a fully particularised Particulars of Claim by 2pm on 2nd Feb 2017. In default of compliance the claim will be struck out without further order.

That is a result...you may find Gladstones don't achieve that timeline. Nice one!

And yes, you need to see their 'fully particularised' statement before you can respond to it with your own witness statement and evidence. Come back and update us if you hear anything.

JackBasta

Just got the more detailed POC's back from Gladstones with a day to spare. I now have 2 weeks to defend. Any thoughts?

Redx

read GIN AND MILKS thread and take note of what was said about costs and W/S etc

JackBasta

The bit that strikes me first is that they're saying they're going after me as the driver or registered keeper persuant to POFA 2012. Which was not in force in 4 months after the event. Are they allowed to do this?

Actually as an edit to this, has anyone got any information on the exact date POFA came into force? I had it in my head it was October 2012, but now I seem to be reading May 2012?

JackBasta

And also, they've sent a photocopy of the sign from nearly 3 years later than the event.

JackBasta

And incredibly, they now seem to be claiming a different amount to the original Claim form. The original POCs stated the original bill was for £125, plus £42.25 interest making a total of £167.25 So why now is it £100? Is that because they could only find a picture of a sign from 3 years later with £100 on it?