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DCBL - county court

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Comments

  • Le_Kirk
    Le_Kirk Posts: 25,175 Forumite
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    Your witness statement should back up and support your defence.  As you have said in your defence that you cannot recall who was driving "on an unremarkable date NN months/years ago" your WS backs this up with evidence that other people (hopefully family members) were/are insured to drive the vehicle or can/could drive it on their own insurance where this permits.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    And if you are using the one by @jrhys then the WS is never going to be short, because it talks about the added false costs and lack of landowner authority as well.  And even though you know nothing about the place, you MUST put the C to strict proof of the clarity of their signage as well (all of which is in @jrhys' version).
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  • Bizzle17
    Bizzle17 Posts: 46 Forumite
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    edited 5 July 2021 at 8:13AM
    Morning, since my defence was submitted on 01/06 and AOS submitted (slightly late) on the 28/06 and received (29/06) nothing has been done by the claimant..I would think by now they should of submitted an N180?
  • Umkomaas
    Umkomaas Posts: 43,830 Forumite
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    Bizzle17 said:
    Morning, since my AOS was submitted (28/06) and received (29/06) as well as my defence submitted (slightly late) on 01/06 nothing has been done by the claimant..I would think by now they should of submitted an N180?
    Those dates look confused - your AOS comes first - 28/06 - your defence comes later (up to 2-3 weeks later) but you say that was submitted a month before your AOS. 

    The claimant has 28 days after receipt of your defence to decide whether they want to proceed. Do you know the date the claimant received your defence?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • Bizzle17
    Bizzle17 Posts: 46 Forumite
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    Umkomaas said:
    Bizzle17 said:
    Morning, since my AOS was submitted (28/06) and received (29/06) as well as my defence submitted (slightly late) on 01/06 nothing has been done by the claimant..I would think by now they should of submitted an N180?
    Those dates look confused - your AOS comes first - 28/06 - your defence comes later (up to 2-3 weeks later) but you say that was submitted a month before your AOS. 

    The claimant has 28 days after receipt of your defence to decide whether they want to proceed. Do you know the date the claimant received your defence?
    Ive just corrected it, I emailed the AOS on the 28/06..the receive date is 29/06..theres been no update since on MCOL
  • Le_Kirk
    Le_Kirk Posts: 25,175 Forumite
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    Bizzle17 said:
    Umkomaas said:
    Bizzle17 said:
    Morning, since my AOS was submitted (28/06) and received (29/06) as well as my defence submitted (slightly late) on 01/06 nothing has been done by the claimant..I would think by now they should of have submitted an N180?
    Those dates look confused - your AOS comes first - 28/06 - your defence comes later (up to 2-3 weeks later) but you say that was submitted a month before your AOS. 

    The claimant has 28 days after receipt of your defence to decide whether they want to proceed. Do you know the date the claimant received your defence?
    Ive just corrected it, I emailed the AOS on the 28/06..the receive date is 29/06..theres been no update since on MCOL
    Do you mean 01/07?  It is unusual to submit your defence nearly a month before completing the AoS.
  • Bizzle17
    Bizzle17 Posts: 46 Forumite
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    Here is the screen grab of the recent transactions

    https://ibb.co/LvvVzRm
  • Le_Kirk
    Le_Kirk Posts: 25,175 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Bizzle17 said:
    Here is the screen grab of the recent transactions

    https://ibb.co/LvvVzRm
    Good, that states that you submitted the AoS in APRIL not JUNE, which a) makes more sense and b) means your defence was probably late - just.  You had better hope the claimant has not requested judgment by default.
  • Bizzle17
    Bizzle17 Posts: 46 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    Le_Kirk said:
    Bizzle17 said:
    Here is the screen grab of the recent transactions

    https://ibb.co/LvvVzRm
    Good, that states that you submitted the AoS in APRIL not JUNE, which a) makes more sense and b) means your defence was probably late - just.  You had better hope the claimant has not requested judgment by default.
    Yes, sorry about that..clearly im not with it! Im just wondering, its been over a month now since the last update..at which point can I assume the claimant has decided to drop the claim?
  • KeithP
    KeithP Posts: 41,296 Forumite
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    Bizzle17 said:
    Le_Kirk said:
    Bizzle17 said:
    Here is the screen grab of the recent transactions

    https://ibb.co/LvvVzRm
    Good, that states that you submitted the AoS in APRIL not JUNE, which a) makes more sense and b) means your defence was probably late - just.  You had better hope the claimant has not requested judgment by default.
    Im just wondering, its been over a month now since the last update..at which point can I assume the claimant has decided to drop the claim?
    The CCBC sent you a letter saying the Claimant had twenty eight days to consider your Defence.

    What you don't know is when the CCBC sent a copy of your Defence to the Claimant. 
    It follows from that that it is not known when the Claimant has to respond to the CCBC. 
    Further, we don't know what delays there are in the CCBC that means they don't send you a DQ as promptly as you might like.

    Can I suggest that you keep checking your MCOL Claim History and as soon as you see that the CCBC has sent a DQ to you, you are ready to download a DQ, complete it and fire it back to the CCBC, remembering to send a copy to the Claimant of course.
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