Letter before claim

Coupon-mad

You conveyancing solicitor will know where he/she stored or sent the lease.

Dutch81

To The Deep,
Yes I did read that link, thank you. Some very useful info there.

To Coupon-mad,
Thanks for this, I’ll request a copy of this from the solicitor.

Cheers

beamerguy

12. For all or any of the reasons stated above, the Court is invited to dismiss the Claim in its entirety, and to award the Defendant such costs as are allowable on the small claims track, pursuant to Civil Procedure Rule 27.14. Given that the claim is based on an alleged contractual parking charge of £60 - already significantly inflated and mostly representing profit, as was found in Beavis - but the amount claimed on the claim form is inexplicably £160, the Defendant avers that this inflation of the considered amount is a gross abuse of process.

You are not making full use of the £60 scam. You need to let the judge see without any doubt that this is ABUSE OF PROCESS
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

KeithP

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

Dutch81

beamerguy - thanks for that and noted.

KeithP - Issue date was 26th June 2019, and yes it has come from the County Court Business Centre in Northampton.

Thanks

KeithP

Dutch81 wrote: »

Issue date was 26th June 2019, and yes it has come from the County Court Business Centre in Northampton.

With a Claim Issue Date of 26th June, you have until Monday 15th July to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 29th July 2019 to file your Defence.

That's over four weeks away. Loads of time to produce a perfect Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Dutch81

Thank you for the above info - I have now submitted the AoS.

The Solictor I used for the sale of the property has been approached for the lease, and they have advised that they will attempt to source and provide me with this.

I'll now spend some time perfecting my defence as per post #10.

Thanks again all for the valuable advice.

Dutch81

*UPDATE*

Hi All,

I have now received a 'Notice of Allocation to the Small Claims Track Hearing' letter. My hearing has been scheduled for January 2020.

I will now start finalising my Witness Statements, using the advice in the Newbies Thread.

Do I need to send my statements & evidence to the parking company as well as the court? (Submission deadline is end of October).

Can I email these or is it better to post - or both?

Any advice or handy tips for this stage would be great!

Many thanks

KeithP

Dutch81 wrote: »

Do I need to send my statements & evidence to the parking company as well as the court? (Submission deadline is end of October).

Does your Notice of Allocation say something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Dutch81

Sorry for the delayed reply - I got carried away with the fun of preparing my witness statement and evidence!

The letter did say that, so all good there.

*Also - VCS have now written to me offering a lower charge to settle out of court. Is this normal?

Many thanks