Excel claim - defence advice

nosferatu1001

2 as having one won't be an issue. 

The appendices not getting to the C isn't an issue. It's for the courts benefit. 

Le_Kirk

You just put down the maximum number of witnesses you think you might have, it is only for the court to decide what size of room you might need .  It doesn't matter if you put FOUR and only TWO turn up.  The only way to know for sure if your defence included appendices is to check what you sent, your system should keep a copy in your SENT folder and it should be possible to see an attachment on it.  You don't send your defence to the claimant, that is done by CCBC.  Pick the court that suits you best.

Troubled42

Hi @nosferatu1001
Regarding the Claimant receiving the appendices, we are just following the advice from here on point #10:
https://forums.moneysavingexpert.com/discussion/comment/76880595#Comment_76880595
@Le_Kirk
We know for sure the attachments were sent but again from the link above it seems to suggest on point #10 that the Claimant might say they haven't received the appendices. Obviously they should've - we did send my defence as 1 PDF & then 3 separate PDFs as the appendices because it made the forms more readable, rather than the cropped versions in 1 document.
Here's the email sent to the court;

In hindsight I could've merged them but it is what it is!

nosferatu1001

Yep, but it doesn't matter too much. The court will use those records, not the c, and it's the ccbc responsibility to send them on 

Le_Kirk

It would appear you have proof of sending them.  If the claimant doesn't now receive them (or claims not to) that is down to the CCBC not sending to the claimant.  Also I seem to recall (now you mention it) Coupon-mad suggesting that defences are sent to claimants when using the new defence template.  Apologies for forgetting, so yes, send all to the claimant by e-mail if they permit service by e-mail.

Coupon-mad

I suggested a few times that people attach Appendix C (the Approved Judgment) again at DQ stage too, then you can be sure the court and the C has seen it. 

You can ask in the main body of the email that the case be reviewed by a Judge at the earliest opportunity, because there is sufficient information in the hands of the court already, to activate their duty under s71 of the Consumer Rights Act 2015 and strike the claim out, as has been happening at courts as diversely spread as Southampton, Caernarfon, the IOW, Skipton, Luton and Warwick.

I doubt a Judge will review it yet but keep asking at every stage for a strike out.

Troubled42

Just to confirm folks - the DQ was submitted on 21st april to the court & a copy provided to the C.
we appreciate this will be a stage to wait a while but will the MCOL be updated? It still says we're at defence & that the DQ was sent 15/04.
No harm in dropping the court a chase email at this point although I'd imagine they are pretty swamped?

Redx

there is no court allocated at the moment, just the CCBC

The CCBC will update the system in due course and hand it over to the court of your choice, which is when the nominated court is allocated

sending a chase email will go to the bottom of the queue plus I read they had computer issues recently too

Troubled42

Hi all,
Logged into MCOL and noticed it has been transferred to our local court.
Anticipating further papers in the next few days and I'll be back here going over the WS no doubt. A little surprised they are continuing but that's the C for you! I really wouldn't be surprised if its discontinued after both WS' are submitted but more so banking on the court realises the abuse of process ongoing here esp with the appendices to back this up and move for an early strike out.
On behalf of my relative they are just concerned we have not specified that we actually purchased a ticket. We are right in thinking that it really wasn't relevant in the defence stage and is more for WS. They just wanted reassurance that they wouldn't be penalised for leaving this out of defence.

Stay safe all!

nosferatu1001

It doesn't provide a strict defence so didn't go in your defence. It will not give you issues