Excel - Set aside WON & CASE WON - Excel defeated AGAIN!

milkybk

Coupon-mad said:

If you have any Spring/Summer 2023 dates you can't do for the PCN hearing, email your court now while they are looking at DQs.

Hey Coupon  - Do you mean in case the Claimant does submit the questionnaire before Jan 5th? I do have a holiday booked in the Spring for 2 weeks and also in the Summer, so can do.

Coupon-mad

I'm glad I asked.

milkybk

Haven't heard anything yet from the courts to confirm whether or not the claimant submitted their questionnaire etc. I tried calling a couple of times but was on hold for over 40 mins both times and unfortunately was pulled away before the court could answer. Will try again this week, as I want to provide the dates etc I'm away as @Coupon-mad suggested. Not sure if the court will reach out again via letter to let me know e.g. the claimant hasn't responded. I assume they will, as I get an opportunity to counter-claim.

Coupon-mad

You can't counterclaim if you already put in your defence.  And the court will not tell you whether the C put in their DQ.

I meant for you to email the local court RIGHT NOW with your unavailable dates because the next thing you hear will be a hearing date, out of the blue.  You must just email the local court immediately; there is nothing to chat about over the phone.

If you have holiday booked you must of course add three days or so either side of the actual dates for obvious reasons!

milkybk

Coupon-mad said:

You can't counterclaim if you already put in your defence.  And the court will not tell you whether the C put in their DQ.

I meant for you to email the local court RIGHT NOW with your unavailable dates because the next thing you hear will be a hearing date, out of the blue.  You must just email the local court immediately; there is nothing to chat about over the phone.

If you have holiday booked you must of course add three days or so either side of the actual dates for obvious reasons!

We haven't filed defences yet or witness statements, only the N180 questionnaire was requested from the court at this point (this is for the original charge itself, already won the set aside hearing and had the CCJ expunged). I do have them prepared though from last year, when I assumed Excel would submit their forms etc instantly. I mentioned counter-claim due to the recent court letter I posted stating it was an option if the claimant failed to file their form by Jan 5th - So I can claim costs etc, was what I thought it meant.

Ok will email them right now, thank you. 

Coupon-mad

Costs is not a counterclaim.

milkybk

Coupon-mad said:

Costs is not a counterclaim.

Ok, well then I'm unsure what the original letter was referring to then tbh.

Coupon-mad

It was referring to your right to claim costs.

milkybk

Coupon-mad said:

It was referring to your right to claim costs.

Ok cool - sounds like I've just misread it, thanks for clearing that up  . I only have one question then, if the claimant didn't submit the form and therefore I was allowed to claim costs, how would I know I could if the court doesn't contact me to let me know Excel failed to file in time (which was last week)?

Coupon-mad

You'd be told eventually by a court Order but they take weeks.

Better to presume they filled it in (why wouldn't they?) and proactively inform the court if any additional unavailable dates that were not on your DQ.