DCBLegal/CCPC County Court

Redx

No evidence is submitted with a DQ !!

The CCBC is just a government office going though the preliminary stages and procedures before your local nominated court get involved

So why on earth would a clerk or civil servant at the CCBC dealing with the processes be interested in anything you say or submit ? Other than ticking the boxes before issuing the paperwork to your local court ?

FineFighter

Hi all, 
time to update this thread now as I've finally had the case allocated by the court. 
I first received a date for the lesser case (for £300) at the end of June (dated 16th June) for 19th September, so thought great, plenty of time to apply. The second case shouldn't be earlier than that!

Cue today, when I get a letter dated 29th June, with a court date of 4th August (10am, when I have a fertility appointment in the afternoon and have to pray it gets heard/dealt with before then!). I'm absolutely livid about this date, especially as I have to organise a day off work with short notice AND do the witness statement and any other document 14 days before the hearing (ie in 7-8 days time).

Is there anyone I can complain to about this? and ensure that the case is heard in a timely fashion?
They've allocated 1h (each) for both cases, which seems very short, and I worry will mean we get bumped down the list compared to the trials they've allocated more time to.....
I've called them during this process, and it gets taken through to a central call centre. They've previously advised emails have a 5 week backlog too. 

I know the judiciary, like all public services atm, are in disarray but I wasn't quite expecting this shambles!

Le_Kirk

When you returned your DQ - N180 form did you specify the dates that you could not do?

FineFighter

Yep, but I submitted the DQ about 9 months ago and this appointment has come since then. 
I did also tell them repeatedly in correspondence I'd need 6 to 8 weeks notice to organise cover for work (I work as a doctor) and have updated dates to avoid a few times


EDIT: Also to add its still two claims despite Henderson v Henderson, so presumably something to bring up to the judge at the first hearing?

Coupon-mad

Send a polite email to the local court's (advertised on the court website or court finder - or ring them up to ask for it!) hearings email,  explaining about your fertility appointment the same day, and pointing out that there are 2 hearings for duplicate facts PCNs (claim no xxxx hearing date xxxx and claim number xxxxx with a hearing date of xxxxxx).  

Given the difficulty with the Defendant's urgent medical appointment and potential extra costs caused by the Claimant in unnecessarily or negligently filing two separate claims that should have been pleaded as one, you would not object if the court exercised its discretion and overriding objective (to deal with cases justly and at minimal cost) if the August hearing be vacated and both cases be listed for the already-set September date, it being changed if the court sees fit, to a 2 hour hearing.

You have copied in the Claimant's legal team and trust they do not object either to consolidating the hearings into one in September, given their error in filing two duplicate facts claims that would otherwise waste court time and increase costs.

A copy of the medical appointment is attached as proof of the Defendant's predicament, and for the avoidance of doubt, the Defendant does NOT agree to any proposal for a decision 'on the papers' as there are matching facts and significant issues that the Defendant wishes to be aired in oral evidence about all the parking charges and can attend the September date.

FineFighter

Thank you so much @Coupon-mad , I'm going to send just this!

Tried to call the court to get their hearings email, but they only signposted me to the enquiries email, and that seems to be taking 2 months or so to get a response. I plan to ring the enquiries number tomorrow and see if they have any other details (0300 123 5577) 

Thank you again for the fantastic wording and suggestion

FineFighter

Just received the email from DCB about settlement, which I can only assume is a good sign and means they might pull out
Having said that, will still send C-m's recommended letter and see what happens

atothep

FineFighter said:

Just received the email from DCB about settlement, which I can only assume is a good sign and means they might pull out
Having said that, will still send C-m's recommended letter and see what happens

I received a call from DCB about settlement and after telling them to 'eff off the case was discontinued 2 weeks later. I think for many of their cases it's their last big play before giving up. Hopefully this will be the case here.

FineFighter

atothep said:

FineFighter said:

Just received the email from DCB about settlement, which I can only assume is a good sign and means they might pull out
Having said that, will still send C-m's recommended letter and see what happens

I received a call from DCB about settlement and after telling them to 'eff off the case was discontinued 2 weeks later. I think for many of their cases it's their last big play before giving up. Hopefully this will be the case here.

Thanks for sharing, I hope so too!

They asked me to call them to discuss, I replied back saying put it in writing and I'll consider it. 

I saw the court order asks them to pay for the court fee, although one is £80 and one is £180.... I'm assuming they're close to cutting their losses, considering my case is pretty strong, but prepared to go to court and fight if necessary 

Coupon-mad

Hmmm...hold off the email until Monday.

Instead email DCBLegal back and say nope - put up or shut up.  I think they'll discontinue tomorrow afternoon. They often discontinue on a Friday.