CRA 2015 s62 10 Defence - No real opportunity of becoming acquainted with T&Cs

FizzyCharlie

Coupon-mad said:

Unless the Order says they can do it THREE days before (in which case they are still in time):

Email the court and state that the Claimant's solicitor has failed to comply with the Order to provide the bundle, and neither have they supplied a notice of discontinuance so you would like this email drawn to the attention of the Judge.

State that you are copying in DCBLegal and should they now discontinue just 3 working days before the hearing that you have taken a day's leave for, this will be wholly unreasonable and you wish for the hearing to continue as a costs hearing to assess your costs.

Attach a wage slip or P60 or proof of daily rate and any proof of taking the day off, as you can claim loss of salary or leave.  If self employed, attach whatever proof you can.

If you are retired you can't claim loss of salary or leave but should still email the court and DCBLegal the first bit, but only after they are too late to comply with the Order.

Appreciate the update @Coupon-mad, the Order says two clear working days but still not seen anything today... Just to confirm, should I be expecting DCBLegal to have contacted me in relation to the bundle or might they have sent it directly to the court without informing me (they already had a copy of my WS)? I'm just a little surprised that I haven't heard anything from them!

I think I've done my bit, sent them a number to contact me and back-up number, court has my WS, hoping I've ticked all my boxes...

Luckily I've managed to find time in my working day so not had to inform my employer of this whole situation so won't need to claim costs.

Coupon-mad

They still have time and yes, they have to copy you in.  They are not late yet.

FizzyCharlie

Hi, still no word from DCBLegal, they must be late now!? Did receive this today, no idea what the implications are, any ideas? Just a mistake on the letter being corrected? Thanks!

Le_Kirk

FizzyCharlie said:

Hi, still no word from DCBLegal, they must be late now!? Did receive this today, no idea what the implications are, any ideas? Just a mistake on the letter being corrected? Thanks!

What date did the original order give for submitting witness statements to court and each other?  Check that and you will be able to work out if they are late.  I think, as you surmise, the order is just correcting a "slip".

FizzyCharlie

Le_Kirk said:

FizzyCharlie said:

Hi, still no word from DCBLegal, they must be late now!? Did receive this today, no idea what the implications are, any ideas? Just a mistake on the letter being corrected? Thanks!

What date did the original order give for submitting witness statements to court and each other?  Check that and you will be able to work out if they are late.  I think, as you surmise, the order is just correcting a "slip".

Hearing is on Monday 22 November and it states that 'No later than 4pm two clear business days before the hearing the responsible party shall send to court by email... (the documents for the hearing)'. DCBLegal and I exchanged WS ages ago prior to the 26th October so they have mine and I have theirs - The court has both but not as a bundle as far as I am aware?

Coupon-mad

Ok it will say who us responsible for the bundle.

That Order is just correcting a wrong type of hearing, yours is a small claim hearing not a 'stage 3 whatever.'

Le_Kirk

You and claimant exchanged documents on 26th October (and to the court) but the claimant is being asked to submit a "bundle" via later order, it would seem that you are correct and they are now late assuming they had to send a copy of the bundle to you also.

FizzyCharlie

Okay, I've calmed down a little but I've just received the bundle through the post. This is the first time I have seen it and it has already been submitted to the courts. I have had no input on the Summary (which clearly contains more detail on behalf of the claimant's case) and they have withdrawn their original WS and replaced it with a new one. Fuming is putting it lightly so I was wondering if there is anything I should bring to the courts attention other than an angry tirade...

There is also included, at the very end of the bundle, a 'Draft order' stating the defendant 'is hereby ordered' to pay the sum claimed plus attendance costs - Is this just a pathetic attempt by DCBLegal to sway the judge or has a judgement been made without me knowing about it?

Coupon-mad

Fuming is putting it lightly so I was wondering if there is anything I should bring to the courts attention.

Yes, ask the Judge on Monday to strike out the 'new' WS and entirely disallow it, because this is wholly improper.

They have swapped their original WS and replaced it with a new one just 2 days before the hearing, without asking for relief from sanctions for the switch which is in breach of the previous Order that required all WS to be filed and served by October. 

They can't just switch it for a new one in the bundle two days before!

There is also included, at the very end of the bundle, a 'Draft order' stating the defendant 'is hereby ordered' to pay the sum claimed plus attendance costs - Is this just a pathetic attempt by DCBLegal to sway the judge or has a judgement been made without me knowing about it?

It's the former, in bold.

FizzyCharlie

Much appreciated @Coupon-mad, you've brought me down from a fuming level of 9 to a 5! TBH, now I've had time to look through their second WS I can't actually see any difference but I'll have a more detailed look over the weekend to see if there are any minor changes. Phew, glad it is what I thought with the Draft judgement, was a little worried a judgement had been made when I missed the call!

Thanks again, any words of wisdom for Monday would be welcome but otherwise thanks for everyone's help, will report back on Monday!