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

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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I don't think you need to resubmit your Defence, but it can do no harm to do so.

    Does this paragraph in that Notice answer your other question?...


    I suggest you send a copy of your Defence, your Witness Statement, your evidence and your Summary Cost Assessment to both the Court and the Claimant by that date.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 13 December 2021 at 7:30PM
    Item 6) 5th January , even though the hearing is in July !

    Read the order , it answers your questions

    The court should already have your Defence

  • Debunked
    Debunked Posts: 108 Forumite
    100 Posts Third Anniversary Name Dropper
    Thanks for your swift replies. I have forgotten so much of the process just wanted to not make any mistakes. Will send copies of all the paperwork to court and claimant. 
    Do I send docs via that online court thing is it called moneyclaim?
    Can't remember sorry. 
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Debunked said:
    Do I send docs via that online court thing is it called moneyclaim?
    Can't remember sorry. 
    No.
    The County Court Business Centre play no further part once a case is transferred to a hearing court.

    Surely that Notice has the email address of the Court Office. If not you'll have to ask them.
  • Debunked
    Debunked Posts: 108 Forumite
    100 Posts Third Anniversary Name Dropper
    Thanks I will sort it 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Debunked said:
    Thanks I will sort it 
    Check the court order paperwork. , Plus check the court website

    Nothing to do with the CCBC and hasn't been for months , as KeithP says
  • Debunked
    Debunked Posts: 108 Forumite
    100 Posts Third Anniversary Name Dropper
    edited 13 December 2021 at 9:29PM
    Ok I have amended my defence with these couple of points, and will submit the original court order and first letter from the court dated 22nd September as evidence. Unless any of you think its a waste of time.

    2.2 The Claimant has already received a stern order from the court regarding a substandard particulars of claim, citing 'amending in plain English' as a main problem on the construction of the document. Obviously the Claimant must have applied for a stay in the required time as we are at this point. I would like evidence of this if possible, because the Defendant has not had any correspondence from the Claimant at any point between the receipt of the original court order (attached) dated the 4th of March 2020 up until the 22nd of September 2021, this is when the Defendant received a letter from the court! (attached)

    2.3 No copy of the revised particulars of claim has ever been received by the Defendant from the Claimant. The Defendant received a copy of this from the court. After it was requested by the Defendant. It is truly rather lucky that the Defendant had not changed address, as things could've been much more severe for the Defendant who would have been completely unaware of the situation. 

    Thanks for your time on this. 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 13 December 2021 at 9:54PM
    If you are allowed to submit a revised defence , then ensure the court and claimant get copies in their relevant bundles by that January date. ( Normally no changes are allowed , unless ordered by the Court , so did the court order it ?  )
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Debunked said:
    Ok I have amended my defence... 
    Oh, I didn't read anything in that Notice giving you permission to amend your Defence.

    I would strongly urge against that.

    I simply suggested that it would do no harm to resubmit your Defence, but altering your Defence before resubmitting it is definitely not allowed.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    KeithP said:
    Debunked said:
    Ok I have amended my defence... 
    Oh, I didn't read anything in that Notice giving you permission to amend your Defence.

    I would strongly urge against that.

    I simply suggested that it would do no harm to resubmit your Defence, but altering your Defence before resubmitting it is definitely not allowed.
    Agreed , I just checked those 3 pictures again and there is no mention of an amended defence , just revised P.O.C etc by the claimant
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