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

Coupon-mad

Include it anyway as they might be corporate members of the BPA and also out of the 2 Trade Bodies you can state in your opinion that the BPA promote better practice and are a longer standing association which has a tad more respect of MPs and the public.

Jenni_D

And try your best not to burst out laughing if you have to say that. 🤣

FizzyCharlie

Coupon-mad said:

Include it anyway as they might be corporate members of the BPA and also out of the 2 Trade Bodies you can state in your opinion that the BPA promote better practice and are a longer standing association which has a tad more respect of MPs and the public.

Will do - Signed and sent off via email... Fingers crossed! Thanks for all your help so far :-)

FizzyCharlie

Jenni_D said:

And try your best not to burst out laughing if you have to say that. 🤣

Lol, will do my best, I'll keep it in until, hopefully, it goes in my favour...!

95Rollers

Some very interesting points and resources in this post. Just commenting so I can locate them in the future to assist with my own case and see the Judges comment when this one inevitably gets struck out.

FizzyCharlie

95Rollers said:

Some very interesting points and resources in this post. Just commenting so I can locate them in the future to assist with my own case and see the Judges comment when this one inevitably gets struck out.

Here's hoping! I'll update as soon as I get any further information, been totally silent for a couple of weeks, waiting for a letter from DCBLegal backing out....!?

FizzyCharlie

Quick update: Stage three hearing notice received, only two weeks notice and it is one the phone :-( From the information below I can assume that DCBLegal is responsible for the Court Bundle - We've already shared our WS back in October so I guess I just leave them to it or wait until they contact me... I think my WS is just on 6 pages (not including the index and evidence) Anything I am missing I would be grateful to know but otherwise I'll check out the Newbies to prepare!

Coupon-mad

The bundle is down to the solicitors, as long as this is a hearing of a PCN claim and defence, and not a hearing if a Defendant's application to set aside a CCJ.

i.e. If this is their hearing then they do the bundle.

FizzyCharlie

Coupon-mad said:

The bundle is down to the solicitors, as long as this is a hearing of a PCN claim and defence, and not a hearing if a Defendant's application to set aside a CCJ.

i.e. If this is their hearing then they do the bundle.

Thanks for the clarification @Coupon-mad, I've still not heard a thing from DCBLegal about the court bundle and the hearing is on Monday... Guessing they have what they need from me? On the plus side, I've had a landline put in my office at work so won't be missing any calls this time!

Coupon-mad

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.