PCN, driver not registered keeper DCBL

Le_Kirk

Nosy said:

Le_Kirk said:

Nosy said:

Received a court hearing today. A little confused as to what is happening now. The last time i called the court contact center centre last week they said they still have not had anything from the claimant. I filled the n225 form too but still received the court hearing. Even if the claimant has sent something to the court recently, it is still after the deadline and they have not sent anything to the defendant yet too. 

This a hearing to happen face to face too, concern is that the defendant is not the best person to represent himself will call up tomorrow to see if i can act on defendant behalf with his permission. 

Didn't think this one would get to this stage as its been silence from client since they put the claim in 

Why have you completed a N225 form?  That is a request for judgment against a defendant!  You cannot do this but you can (assuming the defendant is actually there) act as a Lay Rep.

@Coupo@Coupon-mad mentioned its the correct form. It was sent to request judgement for the Counterclaim. 

Sorry - had not read back and seen it was a counterclaim.  I did think that as soon as I had pressed the "post comment" button.

Nosy

Nosy said:

This is what they sent

The contact center said that i can email the court to ask them to process the request for judgement in that hearing. 

Its very difficult speaking with their contact centre with 50 people in a queue and then speaking to someone who sounds like they don't like their job.

I still don't understand why this hearing has been set without the reply to the judgement application. The claimant are still silent. 

Coupon-mad

I still don't understand why this hearing has been set without the reply to the judgement application. 

Nor do I.   Except that courts seem to favour Claimants, and press ahead with hearings anyway, ignoring litigant-in-person counterclaimants until forced to listen to them..

Watch out for the next trick - seen this before with a counterclaim to a PPC - the PPC might deliberately not pay the hearing fee.  You won't know, so you will have to phone up the local court the day after the deadline and ask if the Claimant has paid that £55.  If they have not, then YOU must pay a hearing fee to keep your counterclaim live and heard.  The PPC will hope you don't realise that and will be so relieved when the claim is struck out that you will forget about the counterclaim and it will die a death.

Be ready.  If they don't pay the hearing fee, you must, so that the counterclaim alone is heard.

And in the meantime, maybe a Judge might actually look at your application for default judgment but I doubt it - that falls into the 'too difficult' pile for county courts from what I've seen.  They really seem to have an aversion to upholding counterclaims and want to cut Claimants slack thorughout.

Nosy

I will drop them an email and ask if they can process the application for judgement asap

Eminowa

@Nosy. Any news yet?

Umkomaas

Eminowa said:

@Nosy. Any news yet?

If you read the Order above you will see the next critical date is 26 May (C to pay filing fee), then f-t-f hearing on twenty-somethingth (snopake redacted) of June.  So I suspect that no news is exactly that, no news at the moment!

Eminowa

Ok. I am interested bcos this is almost similar to my wife's situation. Thanks @Umkomaas.

Johnersh

This has to be listed for a hearing since it is a defended claim. That much should come as no surprise.

The defendant/part20 claimant has now requested judgment from the claimant/part20 defendant, but should bear in mind that it often takes time to process the paperwork and until that happens, a part20 defence can be filed (irrespective of whether it is late).

The order does provide for the defendants costs if the claimant doesn't pay the fee, so do make sure the bundle has a costs schedule. Since judgment has been applied for by the defendant/part20 claimant on the counterclaim and no defence filed, there should be judgment on that without strike out if the claimants case falls to be dismissed for non payment of the fee.

Nosy

So DCBLegal called today to try and settle the matter out of court but defendant was too busy to take the call and they were supposed to call back at 1pm but haven't heard back from them. 

I called the court at 1630 and they said they cant see any payment being made by the claimant but sometimes it can take a little longer to upload because sometime claimants wait until the last minute to pay. I will call again on Friday to check if a payment was made otherwise the calim will be struck out. The contact centre said the defendant should receive a letter to confirm if claim had been stuck. 

Fruitcake

The defendant should not be talking to a parking scammer or a scamlicitor on the 'phone and no good will ever come of it. Block their number.