CEL County Court Claim

CEHELL

Thanks for pointing me in the right direction again.

I have read but it's a lot to take in in one hit, I'll re read but I've found the section regarding evidence.

I presume they will have to provide evidence too?

Loadsofchildren123

Yes, after DQs the case gets transferred to your local court and then each party will be ordered to serve statements and whatever documents they rely on.


When you fill in that DQ it might be worth sending it with a covering letter to the court:


Dear Sirs,

I enclose my completed Directions Questionnaire.


I am a perplexed by the Claim I must meet and defend. The Claimant has inserted only very brief Particulars in the Claim Form. I did my best with second-guessing what the claim was about, but it is very difficult for me to defend the claim properly, as is my right, when the Claimant is in clear breach of CPR 16.4 by providing such scant information.


At no stage (either pre-action or post-action) has the Claimant provided me with any meaningful detail of the claim, or how it will evidence it. There was no pre-action correspondence which complied with the Practice Direction - Pre-Action Conduct or the new Protocol for Debt Claims (both of which require a full explanation and supporting evidence to be provided at an early stag).


I ask either that the court exercises its inherent case management powers to order that the Claim be stayed so that more details can be provided, or that the order for witness evidence is that statements should be served sequentially, rather than exchanged. At least then when I come to file my evidence I will know a little about the claim.