DCB Legal Letter of Claim - What Can I Expect Next?

Le_Kirk

PTRed said:

At the end of the N159 form it states "Reply to Court Tick A or B and C" "A - I agree that the claim should be dealt with on the papers alone. or B I do not agree that the claim should be dealt with on the papers alone and C I have sent a copy of this completed form to the other party."

1. Am I supposed to send the actual letter back to the court with the box ticked and just take pictures of the other information for my benefit? Or can I just contact the court over email confirming I do not agree that it can be dealt with on papers alone. 
2. How do I send the claimant a copy of this? Just scan and email? 

I understand having it dealt with on papers alone is a bad idea, so I want to avoid that happening. The letters seem confusing as it's talking about a telephone hearing, but then also has that as a direction and the letter is labelled (no hearing) after being told a hearing is being scheduled. 

I have also been given several deadlines. 

Notify the court office in writing within 5 days of receiving this Order if you are unable to participate. - I can attend so presumably this is not relevant. 

Provide the court with a telephone number at least 7 days before the hearing date - this is fine and easy. 

By 4pm on {3 weeks} each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing. - Can this be emailed? Presumably this will include all photos, videos?

By 4pm on {7 Weeks} each party must deliver to the other party and to the court office the written statements of evidence of any witness.... - this is the Witness Statement, is this 7 weeks after letter or 7 weeks before the hearing? One is in a week, the other in a month and a half. 

Any help here is massively appreciated - I've got a new born in the midst of this, the claimant has messed us about a number of times by missing deadlines with the courts but then submitting things at the last second when it's extended etc. Then these letters just seem designed to confuse - I've got a law degree and I still feel lost, I dread to think what really vulnerable people are being abused by this system.

1.  Fill in your preferred choice (preferably B & C) send to court by e-mail if you have e-mail address.
2.  Take a photocopy or scan for e-mail, one for sending to claimant and one for your records.  I don't think the court have though about how you send one piece of paper to two different address - not everyone has a photocopier/scanner/phone with camera).
You must stick to all deadlines so, 7 weeks before the hearing date (if there is enough time) send to other party and court.  Since the court will then already have it, who knows why you have to send it again 3 weeks before the hearing but the court is in charge!

D_P_Dance

Have you read the newbies?  They tell you what to expect.  Have you complained to your MP?

PTRed

Just as an update for anybody who finds this thread.

I ended up paying before it went to court unfortunately. I am in the middle of a house purchase and although I felt as though I had a good case, my understanding of the judgement is that there would be a window where the judgment would be on file - even if I paid it back in time (it would then be removed, rather than it never have been added). 

I couldn't risk this personally due to those very specific circumstances. 

Coupon-mad

That's a shame because you'd have likely won.

But thanks for coming back to update us and please be encouraged to appeal any in future, because the Government are introducing a new and properly independent appeals service and regulating the industry at last, this year.