Defence to letter received from CCBC 09.03.20

Coupon-mad

No, it is absolutely normal and good practice to defence on a 'either/or' basis, such that if a Judge is not with you on one point you says ''even if...'' then throw in another point.  Which can be the polar opposite.

You need to read IMPORTANT - KNOW WHAT HAPPENS WHEN, a red heading in the newbies thread that takes you to bargepole's complete walk-through!   It will stop us wasting time when you are at DQ stage, as we really get fed up when people ask about whether to tick for 'mediation' and all the stuff bargepole covers already in full!

Sabs2020

Coupon-mad said:

No, it is absolutely normal and good practice to defence on a 'either/or' basis, such that if a Judge is not with you on one point you says ''even if...'' then throw in another point.  Which can be the polar opposite.

You need to read IMPORTANT - KNOW WHAT HAPPENS WHEN, a red heading in the newbies thread that takes you to bargepole's complete walk-through!   It will stop us wasting time when you are at DQ stage, as we really get fed up when people ask about whether to tick for 'mediation' and all the stuff bargepole covers already in full!

Can I just ask, are you referring to the thread named - Court Claim Procedur (updated October 2016)? I have read through that but I didn't see explanation to my questions? 
on the question if every point need to be discussed with a judge I can only find: if the Judge is against you on one point, move on to the next - this doesn't confirm that every point will/have to be discussed?
on the question why we insist on hearing in court I can only find: Note: Gladstones are currently including a 'request for special directions' asking the Court to hear the case on the papers only, without an oral hearing. You should oppose this, and include the following text in D1:.... this doesn't explain why we do this? 

I have asked about the mediation as they only info I found was: NO to mediation (they want the whole amount, you want to pay them nothing, so no scope for mediation. This will not go against you) but I wanted to know if you were to choose this option can you mediate 'lower' fee (or original PCN fee) without the additional cost and if you were to do the mediation would any court fee apply. 

Apologies if I got the wrong link. I'm trying to read as much as I can just sometime don't see an answer to my questions. 

Thanks!

Coupon-mad

Can I just ask, are you referring to the thread named - Court Claim Procedur (updated October 2016)? I have read through that but I didn't see explanation to my questions? 

Yes, it tells you what to put on the DQ when you get it, and when your exihibits get sent (with the WS).

on the question if every point need to be discussed with a judge I can only find: if the Judge is against you on one point, move on to the next - this doesn't confirm that every point will/have to be discussed?

Every point doesn't *have* to be discussed if for example, your Judge finds in your favour and tears the Claimant's rep a new one from the off, as sometimes happens!  But in a calmer hearing, yes you will want to cover all your points and most Judges will explain this and you need a bullet point crib sheet on the day to keep you focussed to cover it all.  You only have to win on one point.

on the question why we insist on hearing in court I can only find: Note: Gladstones are currently including a 'request for special directions' asking the Court to hear the case on the papers only, without an oral hearing. You should oppose this, and include the following text in D1:.... this doesn't explain why we do this? 

That's a bit out of date.  Gs don't always try that now, but in the current climate, Courts are moving towards telephone hearings instead. 

But we prefer 'in person' face to face hearings, so the Judge sees you as an honest witness, in person.  Paper hearings are a complete no-no v PPCs because they'll have a solicitor writing a load of tosh that some Judges will lap up because it's written in their language.  Hence you being heard in person, where you can point out the trash in their WS and evidence.

I have asked about the mediation as they only info I found was: NO to mediation (they want the whole amount, you want to pay them nothing, so no scope for mediation. This will not go against you) but I wanted to know if you were to choose this option can you mediate 'lower' fee (or original PCN fee) without the additional cost and if you were to do the mediation would any court fee apply. 

No chance, are you joking?    Do you think people have not tried Mediation before?!

https://forums.moneysavingexpert.com/discussion/comment/70242827#Comment_70242827

LOL, see what I mean?

Sabs2020

Hi, 
I filed my defence on the 9th April (cut of date was 14th) I have received an automated email confirming the receipt of my email and advising if a response is required it will be provided within 10 days (and asking not to re-send duplicate messages) Checking on the MCOL website there is still no update and the latest document still shows as AoS. The newbies threat said to chase if the defence is not received within a few days, do you think I should wait the 10 days or chase this earlier? I'm assuming the email date with my defence is taken as a proof that it was sent over? 
Thanks!

Redx

Sit on your hands but keep checking MCOL

Not sure why you expect a normal service in these extraordinary times

KeithP

Sabs2020 said:

I'm assuming the email date with my defence is taken as a proof that it was sent over? 
Thanks!

The automated email response is all the proof you need - should you ever need proof.

Sabs2020

Redx said:

Sit on your hands but keep checking MCOL

Not sure why you expect a normal service in these extraordinary times

Thanks!
I didn't expect normal service just wasn't sure if I should chase anyway. 
I received a letter today from the court so my defence was received. Just waiting for the next steps!
Thanks for all the help so far!

Coupon-mad

I would forward it again as the CCBC was closed  for a few days and I think it was that week, due to a staff member having the virus.  They are now open again but with a 50% skeleton staff who may have missed that older email, so forward it again and say you are anxious that MCOL has not been updated.

Sabs2020

Coupon-mad said:

I would forward it again as the CCBC was closed  for a few days and I think it was that week, due to a staff member having the virus.  They are now open again but with a 50% skeleton staff who may have missed that older email, so forward it again and say you are anxious that MCOL has not been updated.

Thanks coupon-mad, should I still chase even though I have received a letter by post from HM Court&Tribunals Service saying that they acknowledge receiving my defence and a copy is being served to the claimant? it says that if the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed and the court will inform me what will happen next. 
on the MCOL the status of the latest document is still AoS. The automatic email when I filed the defence did say that due to covid 19 there are delays and they only have 50% of staff. 
Thanks!

Le_Kirk

Now you have a letter, all shuold be well.  It sometimes can take a few days for MCOL to be updated during "normal" times.