DCBL - Letter of Claim - Defence to be filed

Redx

Your defence can be done as a Pdf , no need for printing , signing and scanning , just attach an electronic signature to it , it will be emailed

So word to PDF , emailed as an attachment

Maybelle

@Coupon-mad - is it too late to do a counterclaim now? The MCOL service is once again offline for essential work. If this is going to be a regular thing I need to ensure I file my defence ASAP

Thankfully I've been working from home otherwise I could have easily missed this and had a default judgement entered

@Redx - thank you so much! greatly appreciate it. I'll endeavor to send it off by end of next week

Redx

You add the counter claim to the defence document

There is plenty of time to email the defence , their website being down is irrelevant to emails

You have until 24 may to file it , read the KeithP reply thoroughly , this is a marathon not a sprint , stop rushing

I hope this is not you ?? Lol

https://m.youtube.com/watch?v=qlLqNcd5rQY

beamerguy

DCBL seem to have really entered into complete incompetence .... more so than usual

Assume they have added their fake £70

Has the statement of truth on the claim form been signed by YASMIN MIA ?

Maybelle

@Redx Hahah perhaps I can become Lil Maybelle and tour the world with Big Maybelle on the £250 I'm awarded in counterclaim. Speaking these things into existence now but I'm not rushing, I know KeithP said I have 4 weeks but I'd rather submit it sooner rather than later. I wouldn't want to tempt the universe by leaving it until the nth hour. Of course, I'll make sure that everything is spic and span and share here for thoughts !

@beamerguy ding, ding AND DINGDONGDENG! Yes you've knocked it out the park. It's like they're not even trying. Honestly, Yasmin needs tp be put on garden leave because how can you they genuinely think I'm the keeper or driver when their own documentation shows I'm neither! 

KeithP

Maybelle said:

The MCOL service is once again offline for essential work. If this is going to be a regular thing I need to ensure I file my defence ASAP.

Pay attention please.

I said, and I hope you read, that you will be filing your Defence by email.
Filing a Defence by email is in no way dependent on the availability or otherwise of the MCOL website.
In fact, you have no need to do anything more on the MCOL website.


Do you understand that emails arrive at their destination within minutes, if not second of being sent?
Do not rush and panic into sending a half baked Defence when you have weeks to hone it to perfection if needed.

beamerguy

Maybelle said:

@beamerguy ding, ding AND DINGDONGDENG! Yes you've knocked it out the park. It's like they're not even trying. Honestly, Yasmin needs tp be put on garden leave because how can you they genuinely think I'm the keeper or driver when their own documentation shows I'm neither! 

Lying to the court is very serious and is contempt of court.
Such contempt can carry a penalty of prison ..... where there are gardens to tend

A counterclaim is mentioned.  Putting in a counter keeps the case alive meaning DCBL cannot discontinue 
I would keep it the minimum like £100 with a note for the Judge that you will rely on him/her considering that such action from DCBL is unreasonable

Amendments to the Civil Procedure Rules bring mandatory changes to statements of truth

https://www.dacbeachcroft.com/en/gb/articles/2020/march/amendments-to-the-civil-procedure-rules-bring-mandatory-changes-to-statements-of-truth/

Maybelle

@KeithP - thanks for your response - no I completely am aware that you said to file via email. I haven't forgotten! Whilst I know emails arrive within minutes, I also know that IT (in my experience anyways) can fail and anything could happen between now and 24th May. I tried to file my acknowledgment of service on the 23rd but sent an email as MCOL website was down. It wasn't recorded as being sent until the 26th. I appreciate this is most likely due to the weekend but I rather not leave it until the final hour to send it off regardless of whether it's via email or not.

 That's why I want to ensure I get my defence sorted within the next week or so (of course, if I need more time I'll take it as I have 4 weeks) but correct me if I'm wrong, my case is pretty straight forward no? I can't be held liable because I'm not the driver nor keeper and even if I was the double recovery of the claim makes it an abuse of process and therefore the claim should be struck out (I don't have a legal background so apologies if these aren't the correct terms - I'm paraphrasing for now)

I intend to use the template kindly shared by Coupon-Mad on the newbies thread with the first 2 bullet points amended to highlight I am not the driver nor keeper. In addition to these points the mainstay of the defence will be the abuse of process (which is covered in bulk in the template).

Please let me know if I've misunderstood anything

KeithP

Maybelle said:

I tried to file my acknowledgment of service on the 23rd but sent an email as MCOL website was down. It wasn't recorded as being sent until the 26th.

You were lucky then.

If you had filed your AoS on 23rd April you would've deprived yourself of three whole days of Defence preparation time.

Stop rushing. 

Redx

abuse of process is not a defence to the main charge, only if a judge decides they have abused the process then its different , you are nowhere near a court room yet, that would be in several months time

your main defence is that you were neither keeper nor driver so have no liability whatsoever, plus they have been told this, so nothing to do with abuse of process, unless a judge finds that as a matter of fact it is an abuse of process

not only that, they have used your data so it may be a DPA violation, especially after they were told you were neither keeper nor driver

dont get ahead of yourself, this process evolves over time , so set yourself say 2 weeks to email it , if that suits you better, forget about weekends and bank holidays , the CCBC is closed anyway, plus a lot of them are working from home due to at least one major covid outbreak there last year

think about your main defence points , leaving the rest of the coupon mad template as is, no changes apart from paragraphs 2 and 3 , dont blow it now on things you do not understand , let the regulars here do the critique, after you do your homework, thats how it works, otherwise it will be 96 tears by Big Maybelle, for you, slow down , take a chill pill, learn instead of typing