Help/Advice needed regarding PCN

Hot_chocolate20

Le_Kirk said:

What does the draft order say?  To whom is it addressed?

It's a draft order that the Cs have 'produced' and attached as a separate doc to the bundle sent earlier today ahead of the hearing next week

Le_Kirk

Well that is weird, a draft order like that is normally seen for a set-aside and is usually produced by the defendant.  I've not read of this being produced by the claimant.  Perhaps they are just trying to help out the judge!  Not from the court then!

nosferatu1001

Le-kirk theyre just desperately trying to avoid an actual hearing
OP - theyre trying to scare you, and seeing if the Judge bites. It costs them nothing to do this, but they might win. 
For a start there is zero chance of you paying advoicates costs merely for ahving filed a defence. You KNOW they can only get costs if your behaviour is unreasonable. CPR27.14(2)(g)

Le_Kirk

nosferatu1001 said:

Le-kirk they're just desperately trying to avoid an actual hearing

Let's hope they don't get an apprentice judge then who might just fall for it.

Fruitcake

I wonder if the defendant should fire off a counter draft order stating the claim should be dismissed for unreasonable behaviour as defined by CPR XX.X and is to pay the defendants costs. of £ YYY

Hot_chocolate20

nosferatu1001 said:

Le-kirk theyre just desperately trying to avoid an actual hearing
OP - theyre trying to scare you, and seeing if the Judge bites. It costs them nothing to do this, but they might win. 
For a start there is zero chance of you paying advoicates costs merely for ahving filed a defence. You KNOW they can only get costs if your behaviour is unreasonable. CPR27.14(2)(g)

It would be a bit silly for a judge to fall for that... the Cs have lied on several occasions in their WS..including having a redacted LOwners agreement signed by someone who isn't a director or comp secretary..and making the agreement date conveniently 1 month before the 'incident'
they've also incorrectly quoted the D in their WS...
If a judge agreed D would Appeal

Hot_chocolate20

Fruitcake said:

I wonder if the defendant should fire off a counter draft order stating the claim should be dismissed for unreasonable behaviour as defined by CPR XX.X and is to pay the defendants costs. of £ YYY

That's really tempting @Fruitcake

Coupon-mad

As long as you filed & served your own 'bundle' (WS and evidence  & costs assessment) in good time, you have done nothing wrong and that Order is sent to scare you.   It is so objectionable that consumers are treated this way.  

The more important thing to read is surely their WS and evidence and note all the errors, omissions and lack of evidence/unclear signs that it reveals.

Hot_chocolate20

Coupon-mad said:

As long as you filed & served your own 'bundle' (WS and evidence  & costs assessment) in good time, you have done nothing wrong and that Order is sent to scare you.   It is so objectionable that consumers are treated this way.  

The more important thing to read is surely their WS and evidence and note all the errors, omissions and lack of evidence/unclear signs that it reveals.

Thanks @Coupon-mad I filed everything in good time. The WS they emailed me contained no such 'draft order' it's been sneakily put in the bundle they sent to myself and the Court yesterday.
Wish me luck, I'll update next week 👍

nosferatu1001

Raise that with the court - completely unacceptable.