dcblegal - Update following hearing

KeithP

landylife said:

Could I just quickly confirm next steps after filing defence next week.

1. DQ N180 form issued out by CCBC (issue back and to Claimant as per Newbies)
2. Await hearing date and this will give date for submission of Witness Statement

In meantime - prepare/read-up on N180 and prep Witness Statement Draft using the PDF here (https://forums.moneysavingexpert.com/discussion/comment/77614685/#Comment_77614685) adapted obviously.

Thanks for those who confirm, just want to ensure i'm prepared for whats ahead.

Why have you abandoned that list you were following? The list that started by telling you how to file your Defence.

Item 6 on that list is... 

6. After filing your Defence, there is more to do.

You still have items 7 - 12 to deal with.

landylife

Of course, the original work list hasn't been abandoned, I am merely trying to determine trigger points for next courses of action.
As you suggested, I am continuing to work on Points 7-12.

Redx

The DQ can be done prior to the actual CCBC DQ letter but after the defence is filed , when it says DQ posted out

The other trigger points are well documented but dates are unknown

landylife

Update 07/01/2021
Interesting turn of events. 
(1) Defence was submitted as planned on 9th December.
(2) Acknowledgment letter from the CCBC for receipt of defence on 11th December.  Looks standard text, as follows:
"I acknowledge receipt of your defence.  A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute.  If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed.  The court will then inform you of what will happen.
Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence.  After that period has elapsed, the claim will be stayed.  The only action the claimant can then take will be to apply to a judge for an order lifting the stay."

(3) 5th January - received letter from dcbLegal (Without Prejudice Save as to Costs) stating client wants to make an offer to potentially conclude the matter.  Asking me to call them with reference number to discuss further.

My assumption is now that i wait this out to see what happens next.  Is this a correct assumption?  I'm not wanting to take an offer, not discuss an offer, so in my opinion (ahead of your expert responses) is to wait this out.

Thanks all, and HNY!

Le_Kirk

A telephone call is worth the paper it is printed on!  You could write back and suggest you would accept £100 and they could pay it straight into your bank account!

landylife

@Le_Kirk haha nice, yeh happy to receive money , not give it up tho 

Umkomaas

My assumption is now that i wait this out to see what happens next.  Is this a correct assumption?  I'm not wanting to take an offer, not discuss an offer, so in my opinion (ahead of your expert responses) is to wait this out.

You're correct, if you're prepared to go all the way to court. No guarantees, but their course of action is often a precursor to a discontinuation. It's a who blinks first game of poker!

Redx

And your date is incorrect , it is now 2021 !! A classic error on cheques that are written after any new year ! 😋😆

landylife

Update 10/01/2021:
Another letter received from dcbLegal dated 08/01/2021, this time stating that:
"Having reviewed the content of your defence; we are writing to inform you that our client intends to proceed with the claim.
The Court will direct both parties to file directions questionnaires in due course. In anticipation of that we are enclosing a copy."

I'm assuming that this is a bit of scare tactic, given that these letters were issued within 3 days of each other, and no attempt was made to allow offer/contact (not that i want an offer of course).
Question - is the letter with offer an attempt to show the Court they have tried to resolve without Court?  

beamerguy

landylife said:

Update 10/01/2021:
Another letter received from dcbLegal dated 08/01/2021, this time stating that:
"Having reviewed the content of your defence; we are writing to inform you that our client intends to proceed with the claim.
The Court will direct both parties to file directions questionnaires in due course. In anticipation of that we are enclosing a copy."

I'm assuming that this is a bit of scare tactic, given that these letters were issued within 3 days of each other, and no attempt was made to allow offer/contact (not that i want an offer of course).
Question - is the letter with offer an attempt to show the Court they have tried to resolve without Court?  

You have to laugh at DCBL.  Yes, if they want to go to court so be it.
REMEMBER .... DCBL are scamming you with fake add-ons and you want a ruling by the judge on this.  You can tell DCBL that so they know you are not a mug.
Given what is happening at the moment in the courts and another legal complaining about judges, this is one point that will tip this in your favour and DCBL will lose.

If DCBL wish to waste their money and their clients money, that really is there problem. It's all good fun to watch and especially when a judge awards your costs