County Claim CP Plus/ DCB Legal

beamerguy

BellieBe said:

Powerful! Thanks beamerguy.

We now await what rubbish they come back with, it's all good to show a judge 

BellieBe

Have now been allocated to a 30 minute preliminary telephone hearing.

I'm not seeing info preliminary hearings in the telephone hearing thread. Does the full bundle get lodged before this? Thanks

Coupon-mad

Only if the Order says so.  Did you try searching the forum for '30 minutes preliminary' or similar? They happen and are pointless.

BellieBe

I did try searching but didn’t find anything. All the Preliminary hearing notice says to do is tell them the preferred tel number and if can join by phone or explain why not. Then there is a generic sheet stapled to it which says what to before the hearing and it has a blurb about bundles. “Court bundles must be lodged not less than 2 working days before the hearing (not less than 5 working days in respect of final hearings) or at such other time as may be specified by the judge. Trying to call the court to get some clarification.

BellieBe

I’ve had the witness statement. So much to get through but first question if someone can please help?:
They are including several PCN’s that weren’t on the Particulars of Claim. They had originally listed some PCN’s that didn’t exist (as well as some that did.) which I pointed out in the defence. Can they change them like that?

Umkomaas

They can only claim what is shown in the Particulars of Claim on the N1 claim form for this case. That's not to say they won't make a further claim(s) for the others at a different date. 

Coupon-mad

So what's the deadline to get your WS & evidence in?  Two days before, as per the Order, it sounds like.  Start your WS.

They are including several PCN’s that weren’t on the Particulars of Claim. They had originally listed some PCN’s that didn’t exist (as well as some that did.) which I pointed out in the defence. Can they change them like that?

Nope.

BellieBe

Date is Nov 9th so looks like the 5th for WS in that case. I see that there is a new template for Abuse of Process Defences. Do I try and tie that into my WS since my defence was done before that?

Redx

Abuse of process is not a defence , it's an objection section to added spurious charges incorporated into an actual defence

If they added them in your case , you are objecting anyway

Coupon-mad

You are not at defence stage.  Why aren't you simply adapting the example WS in the NEWBIES?  There is only one.