County Court Defence - Review Please

RubyRhubarb

Just received Notice of allocation to small claims track and preparing documents & WS. The claimant was asked by the court to supply an amended Particulars of Claim as the original did not comply. I however did not send in a substitution defence, and have just noticed that the claimant seem to be claiming a different amount? Their amended particulars just say £100 contractual charge, £50 debt recovery costs, interest at 8%, and "Costs" but no amount specified. Can I still use the £160 global sum argument?

Amended particulars of claim says:

" claimant is entitled to seek the following:

- The contractual charge, as referred to within the Terms and Conditions.

- The debt recovery costs of £50.

- Statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8% PA.

- Costs"

Coupon-mad

The debt recovery costs of £50.

Odd.  You will have to mention this in your WS then, if you are out of time to amend your defence to draw it to the court's attention.

RubyRhubarb

Looking at the cover letter that came with the amended particulars of claim, the balance due is £10 less than the amount due on the original claim (below). Yet in the amended particulars of claim they state that the claim is for £100 contractual charge plus £50 debt recovery costs - is this the same as legal representitive's costs?

It's not very clear to me?

--

On the original claim form, particulars of claim were:

Monies due in respect of a PCN: £100 plus 8% interest

The claimant also claims £60 contractual costs pursuant to PCN terms and conditions

Legal representative's costs £50

Court fee £25

RubyRhubarb

Also with regards to the WS:

- shall I submit videos as files or links?

- because the PCN was issued at a relatives address, shall I include a proof of address? and shall I include supporting statements from them with regard to being told they have right of access? (although they will not be witnesses in court)

Le_Kirk

RubyRhubarb said:

Looking at the cover letter that came with the amended particulars of claim, the balance due is £10 less than the amount due on the original claim (below). Yet in the amended particulars of claim they state that the claim is for £100 contractual charge plus £50 debt recovery costs - is this the same as legal representative's costs?

It's not very clear to me?

--

On the original claim form, particulars of claim were:

Monies due in respect of a PCN: £100 plus 8% interest

The claimant also claims £60 contractual costs pursuant to PCN terms and conditions

Legal representative's costs £50

Court fee £25

RubyRhubarb said:

Also with regards to the WS:

- shall I submit videos as files or links?

- because the PCN was issued at a relatives address, shall I include a proof of address? and shall I include supporting statements from them with regard to being told they have right of access? (although they will not be witnesses in court)

Debt recovery costs, contractual costs, admin costs (or whatever they call them) are not allowed, whereas they can claim filing fee, hearing fee and legal representative costs.  Video files must be supplied on a durable medium, i.e. one that cannot be altered after you have supplied it, therefore links are out as they can be altered.

RubyRhubarb

Ah OK that makes sense, thanks. So the same arguments hold on my defence, only they are now charging £50 'extra costs' instead of £60. They hadn't informed me of any change of amounts due.

KeithP

RubyRhubarb said:

Also with regards to the WS:

- shall I submit videos as files or links?

Evidence must be sent on a 'durable medium' to both the Claimant and the Court.

A 'durable medium' is something that once sent cannot be altered by the sender.

In the case of video, that means you are effectively limited to either a CD/DVD, or memory stick/card.

A video file as an attachment to an email is another example of a 'durable medium', but you might need the explicit agreement of the court and the claimant to accept evidence that way.

A link to a Dropbox file, a Youtube file, or indeed a link to anywhere, is not acceptable as you could alter that file after the link has been sent.

You also need to consider how you are going to show the video at the hearing. Take a laptop or tablet with you that is capable of playing the chosen durable medium.

That was written when real hearings were taking place. You need to adapt it to cover telephone or video hearings, but the principle remains - you cannot send a link to a file wherever that file may be.

RubyRhubarb

Ah right! Glad you said to bring a laptop. If I send a video attachment by email, will they let me know if this is not acceptable? or shall I ask first?

Coupon-mad

I would ask the court for permission to show a video and ask how that will be facilitated.  I can't see it working in a phone hearing...

nosferatu1001

1) you can use links, but it needs to be a transfer such as we transfer where they can confirm receipt.  It cannot be someth8ng you can later change by yourself. 

You've got almost no chance of being able to send a video via email. 99% of email providers just won't give you enough attachment allowance to do so. So work it out. Now 

2) obviously you point out that somehow there debt recovery costs have magically reduced from 60 to 50, so you'd love them to be able to substantiate this and provide a proper accounting. If you know the debt covpmpany is for example DRP, then you IN YOUR WS point out and include the fact they offer no win , no fee, and as you're at court clearly they didn't win, so there is no fee...

keith - see above. Courts use file transfer sites.