County Court Claim-QDR solicitors/Met Parking

berseker

1505grandad said:

Just checking  -  Para 24  -  should this be there/correct?:-

"Section 3.6 in the defence."

Good Afternoon, I have removed that part now. I wanted to quote the part in my defence to relate it to the CC but i guess it says the same thing anyway.

berseker

@Coupon-mad In regards to section 36 in my CC. Are the compensation amounts ok to have? Is there anything else i need to add or do i need to remove anything? Thanks

Coupon-mad

I think para 19 should only be in the defence.

Then replace para 19 (first para of the counterclaim) to explain the legal basis for the counterclaim. i.e.

This is a counterclaim for compensatory damages for distress arising from persistent harassment and data abuse, this being in clear breach of x and y Acts.

berseker

Coupon-mad said:

I think para 19 should only be in the defence.

Then replace para 19 (first para of the counterclaim) to explain the legal basis for the counterclaim. i.e.

This is a counterclaim for compensatory damages for distress arising from persistent harassment and data abuse, this being in clear breach of x and y Acts.

I have changed the opening paragraph accordingly. Is the below okay to send now? 

This is a counterclaim for compensatory damages for distress arising from persistent harassment and data abuse, this being in clear breach of the Data Protection Act 2018, the associated General Data Protection Regulation (“GDPR”), the Consumer Rights Act 2015 and Harassment Act 1997.


From doing research, I contact MCOL tomorrow to confirm they have received my defence and then I pay the CC fee?

Coupon-mad

No it's not called the 'Harassment Act'.

Here's another successful counterclaim from this year, worth you reading as it won on data abuse under the DPA and GDPR:

https://forums.moneysavingexpert.com/discussion/comment/79870626/#Comment_79870626

berseker

Coupon-mad said:

No it's not called the 'Harassment Act'.

Here's another successful counterclaim from this year, worth you reading as it won on data abuse under the DPA and GDPR:

https://forums.moneysavingexpert.com/discussion/comment/79870626/#Comment_79870626

I changed the opening CC paragraph accordingly. Unfortunately, the deadline was today at 4 pm, so I sent it before I saw your message. I got the auto-response email from CCBC at 4 pm on the dot! I have just started reading the link you sent and will take notes from it for my WS and my day in court. 

I have just realised I didn't make a note in my e-mail that I would call and pay the CC fee. Is that a problem? I will try and give them a call tonight and make payment, if not I will do it first thing tomorrow. 

Do I now have to just wait until the court gets in contact with me? I have read in other threads that the claimant has 14 + 2 days to respond to my CC and if they don't, it is struck out? Should I keep an eye on this time frame?

Thank you all so much for everyone's help and patience, especially you @Coupon-mad, you have been a life saver.

Coupon-mad

Yes to all of the above.

And as you filed a counterclaim, bear in mind I expect the letter attaching your DQ will tell you to send it to your nearest court (and the solicitors) and NOT to the CNBC.

Counterclaim cases are a bit different.

Did your CC state how much you are counterclaiming for? Hope so.

berseker

Coupon-mad said:

Yes to all of the above.

And as you filed a counterclaim, bear in mind I expect the letter attaching your DQ will tell you to send it to your nearest court (and the solicitors) and NOT to the CNBC.

Counterclaim cases are a bit different.

Did your CC state how much you are counterclaiming for? Hope so.

36.

a). Compensation in the sum of: £500 or such sum as the Court sees fit including any award of aggravated damages at the court's discretion;

b). Court fees: £60.00 filing fee (if the Defendant does not get help with fees: applied for);

c). Interest pursuant to s.69 of the County Courts Act 1984, at such rates / for such periods on the sums found due to the Defendant as the Court may deem fit;

d). Costs to be assessed. As a result of the Claimants’ unreasonable behaviour, the Court is respectfully invited to order the Claimants to pay the Defendants’ costs on an indemnity basis, pursuant to Civil Procedure Rules, rule 27.14 (2) (g). 

The above is what is written/claimed in my CC. I am currently on hold to make payment with CCBC. The person I spoke to stated that a claim between £300-£500.01 costs £50 and a claim between £500.02-£1000 costs £70. I doubt i will get an answer in time but which option should I pick? The compensation sum is £500 but then is the court fee in 36 b) on top of the £500 or included in?

I'll be sure to remember the DQ information when I receive it. Thank you so much

Coupon-mad

Your core claim is £500.

berseker

Coupon-mad said:

Your core claim is £500.

Perfect, so everything I have done is correct. Thank you so much for your help. Hope you had a lovely Christmas break and Happy New Year. I'll be sure to keep you updated when I hear back from the court. Thank you so much once again and to the community.