Help/Advice needed regarding PCN

Hot_chocolate20

Hi everyone,
I appreciate this isnt relevant in any way shape or form and I'm sorry about that. Since my last post I, unfortunately caught covid  and almost died from it.
I'm still not fully recovered and the thought of picking my court preparations up just makes me want to crawl into a dark hole.
I'll review the NTK this week and review it against POFA. Before becoming ill 2 months ago I couldn't for the life of me find anything in the NTK to suggest there was non-compliance to POFA but will review again.

Umkomaas

Hot_chocolate20 said:

Hi everyone,
I appreciate this isnt relevant in any way shape or form and I'm sorry about that. Since my last post I, unfortunately caught covid  and almost died from it.
I'm still not fully recovered and the thought of picking my court preparations up just makes me want to crawl into a dark hole.
I'll review the NTK this week and review it against POFA. Before becoming ill 2 months ago I couldn't for the life of me find anything in the NTK to suggest there was non-compliance to POFA but will review again.

The forum has already done that for you, and it is PoFA-compliant. Please see @Coupon-mad's post immediately before yours above. 

Glad you've survived and hope you make some steady progress. 

Hot_chocolate20

Good afternoon All,
My case hearing date is schduled for 25 Feb and as I was pressing on with my preparations with the help of this forum..I received a phone call this morning.
The call was from BankParks Solicitors ..(DCBLegal)
After verifying security..they informed me that their Client would like to settle the dispute and as such they'd like to make a 'without prejudice offer'
Before I even responded the person said they were reviewing my defence it seemed to be a templated defence and wanted to know what the basis of my defence was.🤷‍♂️
My response: I wasn't prepared to receive this call, and as such do not wish to comment on that - what is your client's offer
DCB: a without prejudice offer of £180 (the total in the Claim from was £259)
My response: I'll think about it and get back to them by close of business tomorrow..they've since followed the offer on email.
Please note, before find all your brilliant minds on this forum..I wrote Dcb a letter the day after receiving the claim form to offer £50 as I had just lost my job through redundancy and wanted it to all go away.
The response I received was that proceedings had already commenced and to "address the court documentation" and if I was unsure how to respond to 'refer to the guidelines'
The week after that was when I found all you amazing people on here.
What do I do - offer them the cost of the ticker £0.60p or reject the offer and proceed?
If I eject the offer, I'm mindful that the Practice Direction - Pre-Action Protocols requires parties to try settle disputes before getting to court - the Judge I fear may frown upon my response
Thanks,

Le_Kirk

The protocol to try to settle before court will have been satisfied if they have made you an offer and you have made a counter offer.  Since they wrote "Without Prejudice" it means they cannot bring this up at the hearing.  If they said "Without Prejudice Save as to Costs" they can only refer to it at the end of the hearing if you lost.  The fact they are making an offer means they cannot be too sure of their case.  Ignore that fatuous remark about Internet defences, judges response when that is mentioned is "so what" and I agree.

Hot_chocolate20

Le_Kirk said:

The protocol to try to settle before court will have been satisfied if they have made you an offer and you have made a counter offer.  Since they wrote "Without Prejudice" it means they cannot bring this up at the hearing.  If they said "Without Prejudice Save as to Costs" they can only refer to it at the end of the hearing if you lost.  The fact they are making an offer means they cannot be too sure of their case.  Ignore that fatuous remark about Internet defences, judges response when that is mentioned is "so what" and I agree.

Thank you - I was left scratching my head that they're only just reviewing my defence (less than a month before the hearing).
I think you have a point there about them not being too sure on their case

Le_Kirk

I am sure they will have reviewed your defence before, as they must have advised CCBC that they wish to proceed with the claim; more likely that they have taken it off the "difficult" pile and are trying to see if they can scare up some money without having to go to a hearing.

nosferatu1001

I doutb they review any defence; just auto-continue. Less time spent. 
Totally wrong procedurally but fits the bulk claims model.

Coupon-mad

Stop engaging with them.  You are not required to make offers and your case has not changed.  They may well discontinue so sit on your hands as regards replying to them and tell them to get lost if they phone you again. 

Horrible company to deal with, truly a pariah on the public, these robo-claim legal firms.  A waste of a law degree.

Concentrate on getting your WS & evidence together and show us.

Fruitcake

If possible, block their 'phone number. Why on earth would you answer security questions from a scammer? If anything you should be asking them security questions such as their mother's maiden name, the second and fifth letter from their secure password, and the first and fourth number from their security pin.

Follow whatever they say with, "Sorry, your answers do not correspond to my records, goodbye." 

nosferatu1001

If someone calls YOU, why arent you verifying THEM?! Seriously...