DCB Legal letter of claim

jenny3260

Coupon-mad said:

You will have to attach a copy of the DCB Ltd letter to your email to DCBLEGAL as they are different companies and the legals won't know what you are talking about.

So I received another “final reminder” today for the other ticket thats still currently with dcbl bailiffs. 

This one hasn’t yet been referred to dcb legal. 

Should I email dcb legal with the attached letter and ask them to pursue them both together as 1 claim? Or am I better ignoring the second one and deal with it when it reaches LOC stage? 

Hope that makes sense 

Coupon-mad

Yes, tell not ask.

jenny3260

Coupon-mad said:

Yes, tell not ask.

Is there a template I should be following when telling them this or just an email with the attached to tell them to combine the claims? 

Le_Kirk

If you search the forum for Henderson or Henderson V Henderson you will find many refences to consolidation.  This has been posted by @Coupon-mad several times and you can use it with some editing as your second case hasn't reach claim form stage yet.  Obviously in your case you are sending it to the claimant.

The rule in Henderson v Henderson is a shorthand for the legal proposition that a party is expected, indeed required, to present their entire case during the course of legal proceedings. The act of raising a line of argument in subsequent proceedings which could and should have been raised in the earlier proceedings constitutes an abuse of process and leaves the subsequent proceedings vulnerable to a strike-out application.

This is what you should send to the Court (edit as necessary): -

The Court is invited to take note that the Claimant has issued a further claim, number XXXXXXXX, against the Defendant on the same date, and with substantially identical particulars, for the same cause of action. The issuing of two separate claims, by the same Claimant and for essentially the same cause of action, is an abuse of the civil litigation process. The long-established case law in Henderson -v- Henderson [1843] 67 ER 313, and more recent authorities, establishes the principle that when a matter becomes the subject of litigation, the parties are required to advance their whole case. The Court is invited to consolidate the two claims to be determined together, and to apply appropriate sanctions against the Claimant.

jenny3260

Le_Kirk said:

If you search the forum for Henderson or Henderson V Henderson you will find many refences to consolidation.  This has been posted by @Coupon-mad several times and you can use it with some editing as your second case hasn't reach claim form stage yet.  Obviously in your case you are sending it to the claimant.

The rule in Henderson v Henderson is a shorthand for the legal proposition that a party is expected, indeed required, to present their entire case during the course of legal proceedings. The act of raising a line of argument in subsequent proceedings which could and should have been raised in the earlier proceedings constitutes an abuse of process and leaves the subsequent proceedings vulnerable to a strike-out application.

This is what you should send to the Court (edit as necessary): -

The Court is invited to take note that the Claimant has issued a further claim, number XXXXXXXX, against the Defendant on the same date, and with substantially identical particulars, for the same cause of action. The issuing of two separate claims, by the same Claimant and for essentially the same cause of action, is an abuse of the civil litigation process. The long-established case law in Henderson -v- Henderson [1843] 67 ER 313, and more recent authorities, establishes the principle that when a matter becomes the subject of litigation, the parties are required to advance their whole case. The Court is invited to consolidate the two claims to be determined together, and to apply appropriate sanctions against the Claimant.

Thank you. Would this apply even if the tickets were given on different dates but in the same month? Just want to be sure that consolidation still stands even if it is for 2 separate dates as the example above says the same date. Thanks for your help 

Coupon-mad

Yes of course it applies.