New direction questionnaire from a stayed case in March 2020!!

Debunked

Hello all, long time no post. 
I hope you are all well and able to help. I have received a directions questionnaire from Luton small claims court dated 22nd September, for a case I assumed I won 16 months ago! 
Here is the link to the thread with the judgement. 
https://forums.moneysavingexpert.com/discussion/6084523/premier-park-county-court-claim-northampton/p6
The judgement clearly stated that claimant had 7 days to change their claim. Otherwise it was finished. Or am I wrong? 
I need some advice on how to proceed if possible as I thought this was done and dusted. Hopefully it's a clerical error by the court. 
Please help
Kind regards
Debunked

KeithP

Have you received a copy of "the amended Particulars of Claim"?

Debunked

No I don't recall seeing that. 

Debunked

Or receiving it. 

Coupon-mad

Then you complete snd sign the DQ and reply telling the Judge that you were not served with an amended Particulars of Claim and were entitled to think the claim was dead, given that under the CPRs, there are only four months to serve a claim (or claim particulars, if separate).

Remind the Judge that this Claimant has warehoused the case for xx months and is in breach of the previous Order, far too late to furnish the court with an amendment now.  In view of this snd the fact they failed to send a copy to you, the court is invited to strike this dead claim out.

D_P_Dance

Thet have wasted yout time, when this is done and dusted consider wasting theirs, read this

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/.  

Debunked

Thank you for your help I will send the DQ back with that statement attached. I thought it was a bit of a fast one they were pulling. Hopefully the judge sees it the same.
Thank you again
Debunked

Debunked

Hello all, 

I have filled in the DQ and written this covering letter. I will drop in person to the court tomorrow. Is this sufficient? 

The person addressed on the letter is not a judge, but a civil servant maybe I have made the letter out to him. 

Thanks in advance

Dear Mr C Kovary,

Firstly I apologise for the lateness of this reply, but I was completely unaware of this becoming active again. 

I have not been served the amended particulars of Claim, so I was entitled to think the claim was dead, given that under CPRs, there are only four months to serve a claim.

The claimant has warehoused this case for 18 months, and is in breach of the previous order (Photocopy attached). I believe this is far too late to furnish the court with an amendment now. In view of this and the fact they have failed to send a copy of amended particulars of claim to the myself the defendant, I invite the court to strike this dead claim out. 

I look forward to hearing from you regarding this.

Kind regards,

Christopher Littlejohn

Coupon-mad

Add something like:

It is lucky I hadn't moved house, missed this latest development and got a CCJ if I'd failed to see this DQ in time. This unfair and untimely treatment of me by this claimant cannot meet the overriding objective, I suggest.

Resurrection of this dead claim due to the above omissions appears to be neither dealing with the matter justly nor at minimal cost to any party, nor the court.  There must be finality and I urge the court to strike this claim out under the circumstances. 

Please kindly pass my email with my DQ, to a Judge to consider if they agree that the Claimant has breached the order and should not receive any relief from sanctions.  

Debunked

Brilliant thanks @Coupon-mad. 

Debunked

Hello all, 

Sorry to be bothering you all again, because that does indeed mean I have received a hearing date. Sad news as I thought this had gone a long time ago.
I am unsure of a few things now. Do I have to re-send the witness statements and defense?
The case ref. is still the same as the original. And if I do re-send docs when is this done by?

I will post pics of the letter with any sensitive info blanked out. 

Kind Regards 

Debunked