Claim Form

nosferatu1001

A claim form and a letter before claim are not the same docuemtn

So are you saying the :
NTK states date X
The LBC states date X
but
The claim form states day Y?

CandyManCan

Hi guys

Just to update I gave the forms today to the court and posted first class to dcb legal,
Will now look forward to the hearding date with some nerves but we see what happens, Im sure I will be here again for some advice from you champs.

Now the NTK says date x which is correct,
Letter before claim I cant see anywhere a date reffering to the NTK.
The actual claim form itself which is what they are taking me to court for they have put the wrong date in there 7 months earlier than what the actually NTK says and the pictures they have provided.

I hope that this is a biggie mistake and irreversible and the judge tells them to walk because of it but you never know, it is just an error to be fair, but a very important one. I hope they still dont notice it but I have sent them a witness statement and I have addressed that bu see how it goes.

Coupon-mad

Now the NTK says date x which is correct,
Letter before claim I cant see anywhere a date reffering to the NTK.
The actual claim form itself which is what they are taking me to court for they have put the wrong date in there 7 months earlier than what the actually NTK says and the pictures they have provided.

I hope that this is a biggie mistake and irreversible

It is, that surely wins your case...it is the first thing to question the rep on, but DO NOT agree to an adjournment. They will beg for time to put this right!

Say no, you do not agree. State that you have taken a day off work and have had months of distress over this which is a huge source of anxiety for you and your family, so you want the Judge to decide the case and not offer disproportionate 'relief from sanctions' to a legally represented serial litigator whose claim is meritless and 'fatally flawed'.

The Claimant has had ample time and resources to get their claim particulars right.

In Woodward & Anor v Phoenix Healthcare Distribution Ltd, the Court of Appeal held that there was no 'technical game playing' in the case and that the defendant was not under a duty to warn the other side of a serious error:

https://www.lawgazette.co.uk/law/solicitor-under-no-duty-to-flag-up-opponents-mistake-rules-coa/5070589.article

Make sure you've filed & served your costs schedule, and take a wage slip as proof when you win.

If the case IS adjourned by a Judge, ask the Judge before leaving the room, to order that the Claimant must pay all your costs for this first hearing. Do not be led up the garden path; you need to steer this if you can.

nosferatu1001

Indeed
Dont get bamboozled here. IF an adjournment is alloed - you should strongly, STRONGLY object to this, as it is CLEARLY disproportionate to the size of the claim - then you insist your costs - ordinary costs, time off owrk etc - are paid for THIS hearing, in a costs order. State you have a reaosnable belief the claiment will simply discontinue given this major flaw in their claim, and you will be left without a hearing.

CandyManCan

Thanks everyone,

I will try my best to make sure it does not get adjourned and get this thrown out,

I will get this space updated before I go in,

So far wage slip I will need, can I bring in any additional documents or is that not allowed now?

Coupon-mad

You need to take your entire case papers of course, all your evidence, proof of emailing or posting your WS in case the other side lie to try to make you look in the wrong to get that adjournment by foul means (all too common) and the 3 case law items that flow from the abuse of process argument about the added £60.

CandyManCan

Hi all


I have some interesting news, I submitted the WS to both court and DCB Legal (Representing VCS)
I still got nothing from the claimant,
Contacted court they said they paid for the fee but no statement received either and this was 3 days after the deadline.


I then received an email 2 days ago and it states the following


Our client has taken the decision not to proceed with this claim and accordingly we now attach a notice of discontinuance. Please kindly confirm that the hearing scheduled for xxx has been vacated..


So the attachment does state
discontinues all of this claim and this box is ticked here rather than the part of the claim box..




So I do understand they are not proceeding with this, what I want to know is can they ever take this claim again to court and what about the time I spent gathering evidences for this.
Does it just end here or can I claim expenses even though hearing has been cancelled?




Thanks everyone

Le_Kirk

I believe (from reading other posts on this forum) that they can but it costs money to reopen a discontinued case.

beamerguy

Our client has taken the decision not to proceed with this claim and accordingly we now attach a notice of discontinuance. Please kindly confirm that the hearing scheduled for xxx has been vacated..

I would suggest that it is DCB Legal actually realised that their claim was flawed

DCBL with their current spam out of letters working for CP Plus are all flawed. Soon, they will have to put their money where their mouth is and go to court with flawed claims. That is where the fun will start for DCBL and even a reputation in ruins

As the claim in your case remains flawed, nothing will change if they try to bring it back

DoaM

As to costs, if the hearing had been vacated then I'm not sure if/how you can recover any costs. Of course you could raise a claim against them, but only you can assess whether the time/effort/cost is worth it.