PCN at surgery - Defence

Le_Kirk

When you submit your defence to the CCBC, they send it to the claimant, who then has 28 days to decide to continue or not.  At this point the DQ is issued.  From your MCOL record, can you see when the defence was sent to claimant?  The claimant doesn't file a defence, you do that.  And, in this post you say you did it at start of March.

vol69

Fruitcake said:

nosferatu1001 said:

If you have a DQ then by definition they're cont8nuing the claim. 

You cannot claim "compensation". You can claim costs, and there isn't a form. You create a summary costs assessment and hope the judge grants it. Same as any case 

This is not ptsiam's thread. See above.

Allow this information to go through this PLEASE, Fruitcake.

Thx in advance

Redx

vol69 said:

nosferatu1001

If you have a DQ then by definition they're continuing the claim. 

You cannot claim "compensation". You can claim costs, and there isn't a form. You create a summary costs assessment and hope the judge grants it. Same as any case 

Isn't it strange at all that I submitted my defense at start of March and I've received a DQ in start of May?
And shouldn't the claimant file my (defendant's) defence?

Thanks nosferatu1001.

No , the covid pandemic has thrown the system into chaos and the CCBC is playing catch-up , so deal with what happens and not the sideshow (it was closed for a while for isolation and deep cleaning)

A defendant files the defence to the CCBC (you) , not the claimant (CEL)

Cel have already filed the claim before you received it , so both of you file a DQ after the claimant tells the CCBC they are proceeding (when they filed their DQ)

Your DQ is filed to show that you are continuing to defend

At no time does a claimant file a defence , unless you have filed a counter claim and paid the fee

KeithP

vol69 said:

That's the only thing in MCOL's claim's history:

"Your defence was received on 27/02/2020

DQ sent to you on 30/04/2020

DQ filed by claimant on 30/04/2020"

All perfectly normal.

vol69 said:

It doesn't show that the defense was sent to the claimant..

Obviously the Defence was sent to the Claimant. They would not have responded by completing a DQ otherwise.

vol69 said:

And I'm wondering, does that mean that the claimant has progressed the case properly?

Yes that's exactly what it means.

vol69 said:

Is there any way to show that the case should be stroke out, ?

No.

vol69 said:

I'd bet (ok, I hope) that the claimant abandoned the case, but for some reason it was progressed by CCBC..

And that 'some reason' is because the Claimant wishes to continue with the claim.

Complete and dispatch your DQ as described in items 8, 9 and 10 on the list in my post on 26 February at 12:02AM.      <<<=== that's a link* - click on it.

*but that is on your old thread - shame you decided to split over two threads.

Redx

Any counter claim should have been filed with your defence

You would need to wait for this case to be concluded and then you have 6 years to issue a court claim

D_P_Dance

... can I sue the claimant for undue stress?

You would need support from your GP, prescriptions for happy pills, bills from you therapist, etc.   IMO, a piddling little parking ticket from an ex clamper is no reason to get stressed.  Would you sue the council for a bus lane infraction?  

Umkomaas

D_P_Dance said:

... can I sue the claimant for undue stress?

You would need support from your GP, prescriptions for happy pills, bills from you therapist, etc.   IMO, a piddling little parking ticket from an ex clamper is no reason to get stressed.  Would you sue the council for a bus lane infraction?  

I thought your mantra was 'Now consider your revenge ......'

Now consider your revenge,

https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/making-a-small-claim/

You never know how far you can go until you go too far.

Are you wavering, Sir? 🤔

vol69

For all the helpful people in this thread, could you please delete your posts in the third tab of this same thread?
After some discussion with a fellow poster, that may be a good idea.
Sorry for the inconvenience..

Umkomaas

Not sure it's clear why you want posts deleted. While I'm not asking who the 'fellow poster' is, but are you certain of their bona fides?  Are they regular advisers on this sub forum? Do they have at least a couple of thousands posts against their username?

KeithP

vol69 said:

For all the helpful people in this thread, could you please delete your posts in the third tab of this same thread?
After some discussion with a fellow poster, that may be a good idea.
Sorry for the inconvenience..

Please be more precise.

Who exactly do you want to delete their posts?

Who has put that 'good idea' into your head?