VCS issued PCN after 25 days, I told them where to stick it, now DCB Legal have sent me an LBC

Redx

what you are talking about is not a counter claim

its your costs schedule , that goes in at the same time as your WS plus exhibits , a few weeks before the hearing , the counter claim (if any) goes in with the defence, plus the fee from you

many people dont seem to get this aspect of the topic

a counter claim could be for a DPA breach , or harassment and stress , but is harder to prove and a much higher bar to get over , plus you must decide the amount claimed and pay the appropriate fee

I dont think you have thought this through nor understood the differences


they have 6 years to bring a court case , same as if it was a bill for a new boiler or a builders charge, or a landlord chasing you as tenant for rent , so 3 years is par fopr the course and it could have been almost double

Le_Kirk

But the point is you are only claiming for costs NOT counterclaiming which is a different matter and comes with its own fee. Just submit a costs schedule later along with your WS and evidence.

Redx

this thread may help you understand


https://forums.moneysavingexpert.com/discussion/5910821

Garyswork2

Just filing my DQ and have a question about D1 Hearing Venue.
The claimant has named their home court as their preferred venue and the DQ requires a reason why my home court may be appropriate. I've looked it up on CPR, but can't find a way to justify why they should choose my home court over the claimants?

Redx

because they are a business so rarely travel in person to a court, but use a third party firm to do so, whereas you are a LiP and its a long way for you to travel as a private individual, whereas its standard practice for a private LiP to nominate their own local court


so what the business wants is rarely accepted, its the defendant that gets to choose, as long as its not company vs company

KeithP

The reason you choose your nearest court is... err... because it is your nearest court.

Now what was difficult about that?

Garyswork2

So I posted my DQ to the court on Sept 30th, but it has not been updated on MCOL, so I emailed them asking to confirm receipt, but I'm not convinced that this couldn't go against me?

My email to them:-
Would it be possible to confirm that my completed DQ has beed received for case *********.
I posted this on Sept 30th and the tracking shows it as delivered, but it has not been updated on MCOL.

Their response:-
Please be advised that at the moment we are currently working on Directions Questionnaires (DQ's) that were received on 30.9.19. We are unable to search for anything received after this date. I note that you had until 4.00 pm on 7.10.19 to return your DQ and can confirm that no further actions have been entered on the claim at this time.

The court will be in touch with you in due course regarding this matter regarding if the case is to be transferred or sent to mediation.

Umkomaas

So I posted my DQ to the court on Sept 30th, but it has not been updated on MCOL, so I emailed them asking to confirm receipt, but I'm not convinced that this couldn't go against me?

Posted on 30th Sept, not likely to be received until 2nd October. They've said they're only working on receipts on 30/09. Why are you concerned, they've not reached 02/10 mail yet? I don't understand it!

Garyswork2

Umkomaas wrote: »

Posted on 30th Sept, not likely to be received until 2nd October. They've said they're only working on receipts on 30/09. Why are you concerned, they've not reached 02/10 mail yet? I don't understand it!

Because they set a deadline for me to respond by 7/10, but have not updated the case.
So what's the point of the deadline. It just makes it look like I haven't sent the DQ.

KeithP

But you know you have sent it.

In the unlikely event of any query on that, just wave your Certificate of Posting at them.
If the item was sent First Class, it is deemed delivered two working days later.