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3 years between PCN and Court presence demanded

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Comments

  • System
    System Posts: 178,371 Community Admin
    10,000 Posts Photogenic Name Dropper
    Was assuming that the defence was as per posts #7 and 16

    We know that the defence was but not the particulars. Perhaps the judge disagreed with the OP with regards to the vagueness of the claim and there was detail in the pack that made it clear the OP knew what it was about - and failed to defend it.
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  • There is nothing about what I can do next, alternative actions, outcomes, my options, right to appeal. Everything stated in the letter has already been posted in this thread, however I will double check and confirm once I am back home from work.

    Hence my questions on to this forum. I can't believe there is a pathway which leads here; apparently there is!
  • Would it help if I also post my filed defence again so that you can see it? (Minus the specific details to me, obviously)
  • System
    System Posts: 178,371 Community Admin
    10,000 Posts Photogenic Name Dropper
    Everything stated in the letter has already been posted in this thread,

    Incorrect. Where are the particulars - Middle left box on the claim form
    There is nothing about what I can do next, alternative actions, outcomes, my options, right to appeal.

    Incorrect again. Both LoadsofChildren and Johnersh have advised. Personally I think you are wasting your time but it is your time.
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  • Thanks Loadsofchildren123

    I am within the 7 days but there is nothing further stated in the letter. I will follow your advice and ask why the court has failed to inform me of my rights and has itself breached rule 3.3(5)(b).
  • Coupon-mad
    Coupon-mad Posts: 155,476 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    So the letter doesn't give either party seven days to apply to set that aside?
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  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    You are within 7 days but the letter does not state that?
    DO we have a picture of the letter? That would REALLY REALLY help, as we can ensure you have not missed it

    If truly it does NOT give you a time limit to apply for a set aside, then the court itself is in breach of its own rules. Now practically I dont think this alters anything - you would still need to apply for a set aside

    What WOULD help is seeing THEIR particulars and for you to confirm that the defence at posts 7 and 16 is EXACTLY what you sent. WE HAVE NOT SEEN THE PARTICULARS so it could be an unusually good set!
  • Incorrect. Where are the particulars - Middle left box on the claim form



    Incorrect again. Both LoadsofChildren and Johnersh have advised. Personally I think you are wasting your time but it is your time.

    Unless you have seen the letter (which you haven't) how you can tell me what is incorrect about my description of said letter?
    I will post a picture of it tonight to show you; there is absolutely no call to action, no timeframe, or no right to appeal stated in the letter. Note: This point is what is stated in the letter, not what my default legal position is.
  • You are within 7 days but the letter does not state that?
    DO we have a picture of the letter? That would REALLY REALLY help, as we can ensure you have not missed it

    If truly it does NOT give you a time limit to apply for a set aside, then the court itself is in breach of its own rules. Now practically I dont think this alters anything - you would still need to apply for a set aside

    What WOULD help is seeing THEIR particulars and for you to confirm that the defence at posts 7 and 16 is EXACTLY what you sent. WE HAVE NOT SEEN THE PARTICULARS so it could be an unusually good set!

    Thanks again for the response.
    I will post a picture of the latest letter and will post my defence.

    What are the particulars, is that what I have been sent by the DW Legal spelling out why they think I am guilty? Sorry - I am not familiar with the terminology.
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 26 July 2018 at 4:26PM
    Unless you have seen the letter (which you haven't) how you can tell me what is incorrect about my description of said letter?
    .


    Your OP refers to the claim form you received


    That is where to look for the POC! (Asked for in #48 - people are trying to help you not annoy you!)
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