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Court Claim Defence

2

Comments

  • Falcon50
    Falcon50 Posts: 14 Forumite
    Third Anniversary 10 Posts
    How long should it take to receive the directions questionnaire from the court?
    It's been 24 days since filing my defence online.
    DCB emailed me their completed DQ after just 10 days, that's 2 weeks ago.
    They said they have also registered it with the court.

    The MCOL last entry shows my defence being registered but nothing after that.

    Are DCB just 'just jumping the gun' on this?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Could be days. Could be weeks. Patience.
  • Falcon50
    Falcon50 Posts: 14 Forumite
    Third Anniversary 10 Posts
    Hi, this has now progressed to a hearing next month.
    I need help with a WS I've received from DCBL, I've also received a claim for costs and a notice of intention to rely on hearsay evidence from VCS. I thought the only costs they could claim was the total amount on the claim form. i.e. the £100 charge, plus the £60 fake extra charge plus all the other costs to the tune of nearly £300.
    Is the costs they claim now extra to that? (see dropbox link)
    I'm currently preparing my WS to be submitted this week which I will post on here for advice as soon have I've completed it.
    Does this mean VCS won't be present as they will submit hearsay evidence? And who are Elms Legal noted on their costs form?
    Here's a link to their WS, costs and hearsay notice. I need advice please on how to counter their arguments.

    https://www.dropbox.com/s/hr7fpdd67ct5hof/DCB WS.pdf?dl=0



  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 16 March 2020 at 11:18AM
    You havent been reading other threads on here that have gone to court , a massive mistake on your part

    VCS are the claimant , Elms legal are representing them in court , read the recent court case from last week by Caspar where Some legal were present 

    Umkomaas has posted what they can claim numerous times on here , plus the abuse of process threads detail what they cannot claim

    Get your WS plus Exhibits plus costs schedule sorted out asap , take heed of her thread plus a dozen other court case threads , including the abuse of costs threads that again you have not read , start getting pro active and not reactive , getting in front of all this, you have a lot to read and to digest , singer a grip and spend a few hours reading , like we do (and we don't have any court claims pending)

    In simple terms , it's

    Fail to prepare , prepare to fail !!
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Do yo ureally have a wS from *DCBL*? the debt collectors?
  • Falcon50
    Falcon50 Posts: 14 Forumite
    Third Anniversary 10 Posts
    Redx, I have been reading posts on here, hundreds of them, I've spent days and weeks trawling through all the info on the forum and copying various witness statement extracts to put together my witness statement.
    From all the info I have gathered I thought I knew what to expect, but I doubt myself when I receive things I don't expect.
    I'm well aware of the recent abuse of process threads and will use that as one of my main arguments.
    I expected it would be DCBL in court, I wasn't expecting another party, also my understanding is that a claimant employee has to be present not just a lay person or rep on the claimant's behalf.
  • Falcon50
    Falcon50 Posts: 14 Forumite
    Third Anniversary 10 Posts
    Do yo ureally have a wS from *DCBL*? the debt collectors?
    It has come (emailed) from DCBL but it is signed by a legal exec (on behalf of the claimant) from Excel who states they also operate VCS.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 16 March 2020 at 1:21PM
    You are under a lot of false assumptions there and some of your questions tell me you haven't understood the basics like costs and who can represent a claimant , hence why you were told to read other recent court cases where some like Elms legally represented the claimant. My opinion is you have failed to retake notice if those threads of haven't even read them, like Caspar7 (Caspar13)


    If I have read them and don't even have a claim , then you should know what I know because you should have read them too

    If you have read the abuse of process threads then you should not be querying the added costs because you already know what can and cannot be claimed

    Get your ducks in a row , asap

    Excel and VCS are owned by the same people , they are sister companies and often fail due to wearing the wrong hat

    Plus I have never seen any case on here where DCBL turned up in court , they never do afaik so no idea where you got that idea from
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 16 March 2020 at 1:04PM
    DCBL using Elms Legal ?????    what a combination ????

    Have a read about Jake Burgess and his squiggle on a witness statement,  REALLY >?
    https://parking-prankster.blogspot.com/search?q=JAKE+BURGESS

    Interesting they are relying on "HERESAY" ?

    You won't be relying on heresay, you will showing the judge THE FACTS about VCS/EXCEL and their constant spankings.   DCBL have added the fakle £60 and Elms Legal have no answer for that
    THE SPANKINGS VCS/EXCEL GET ARE SHOWN HERE ....... FACT NOT FICTION
    https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Why a re a debt collector handing WS for Excel? thats insane.
    Lawyers can of course, if they have Right of Audience, appear and speak for you without you being present. YOU cant represent someone else without them being there, because youre not qualified to do so
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