Claim received - Acknowledgment sent - Help / Advice with Defense needed.

AlilHelp

Quick questions:

1)  Question D1 on the DQ - Is it best to use a larger Court in Manchester (Civil Justice Centre) or use a local town magistrates court (Where I live / few miles outside of Manchester)? 

2) If I am sending them by email - dose it matter what I put "in the" box for the court name (next to the claim number box)

Redx

Doesn't matter too much what letters arrived in the post , check your MCOL claim history , if it says that the CCBC have posted the n180 form to you , download the pdf version of it from MCOL , fill it in , email it to the ccbcaq email address and copy in elms if they are still involved

File all postal letters

AlilHelp

KeithP said:

That second letter clearly was from the Court. Didn't the letter say so?

It was.

I was confused when redx said I should file the DQ by the claimant , untouched , do not fill it in or email it - that made me think the 2nd letter was from them too. sorry for the confusion 

Redx

Nothing confusing about it

You file the paperwork issued by the claimant or their lawyers

You email a pristine electronic pdf clean version , filled in only by yourself and nobody else , to the CCBC in Northampton

AlilHelp

Done. Will update soon.

Redx

AlilHelp said:

Quick questions:

1)  Question D1 on the DQ - Is it best to use a larger Court in Manchester (Civil Justice Centre) or use a local town magistrates court (Where I live / few miles outside of Manchester)? 

2) If I am sending them by email - dose it matter what I put "in the" box for the court name (next to the claim number box)

You cannot use a magistrates court , it's a civil county court that you need , typically the one in Manchester as you said , these days , so definitely not Tameside magistrates court , possibly Stockport as it was reprieved , or maybe Salford , but usually the main Manchester one !!

So Civil court , not magistrates court

AlilHelp

Update and sanity check

Letter was received in July, general form of judgement, from county court (pic included) asking the claimant to comply with CPR 16.4 (1)(a)

whether the claim is brought under schedule 4 to the protection of freedoms act 2012

And what they are alleged to have happened (contract or trespass) 

Further particulars of claim was sent by claimant. 

1) Was the letter understood correctly? 
Action was needed by Claiment? 

2) The defendant must now resubmit a updated defence by set deadline? 

Thank you. 

KeithP

Now that you have seen their revised Particulars of Claim, you now have the opportunity to file and serve 'a substitute Defence' for the one you filed in June.

In the light of the more detailed Particulars, do you want to do that?

Fruitcake

If you show us the amended particulars of claim, we might be able to help further, although the template defence covers most things that PPCs throw at motorists. 
You may be happy with your (paras 2 and 3) of the defence, or you may feel you are now better able to address the amended claim.

Did the PPC comply fully with the court order? If they now claim they are using the PoFA, did they actually comply with it?
Go through the order line by line and check whether the new PoC comply. If they don't, contact the court to inform them of this and request the claim be struck out.

AlilHelp

Updated

I have received a "Notice of Allocation to the Small Claims Track (no hearing)" letter. 

Part of the letter states " the judge considering that this matter can suitably be dealt with by a disposal without a hearing under CPR 27.10"

If I remember correctly, it is best to rejected this and do a hearing in person? 

Is that correct? 


Thank you in advance.