Claim form received from County Court

Le_Kirk

snowlucas said:

Hi

The MCOL now says DQ received from claimant and “DQ sent to you” at the end of last month. 

I haven’t received anything. I tried calling HM courts and tribunals but the wait is too long and I suspect I don’t really need to speak to them. 

I assume I should just proceed with filling out the DQ? Is there a time limit on the DQ as is he rather annoyed if I go past it because they failed to post anything.

There is a time limit for returning the DQ and that will be on the form N149A but, as you didn't receive it yet, you won't know what it is!  Just do the N180 straight away, it shouldn't take long and you can follow the guidance that @Keithp pointed you at. 

snowlucas

Ok sent off the DQ tonight. I'd be pretty miffed if I've missed some unknown cutoff because some post went missing.

KeithP

snowlucas said:

Ok sent off the DQ tonight. I'd be pretty miffed if I've missed some unknown cutoff because some post went missing.

Don't worry about that.
From what you have said it doesn't sound like you have missed a cutoff, but even if you had, the CCBC would have written to you giving you another seven days to file a DQ.

snowlucas

KeithP said:

snowlucas said:

Ok sent off the DQ tonight. I'd be pretty miffed if I've missed some unknown cutoff because some post went missing.

Don't worry about that.
From what you have said it doesn't sound like you have missed a cutoff, but even if you had, the CCBC would have written to you giving you another seven days to file a DQ.

See its stuff like that which is invaluable and greatly appreciated!

Redx

But check your email inbox folder and spam folder for the email auto receipt from the CCBC as proof of receipt

It's not submitted until they confirm receipt

snowlucas

So quick update.

I have received a notice of discontinuance by email. I assume this means they are dropping everything? Do I need to do anything now and if not should I expect further information from the court?

Am I able to claim for costs? I've already arranged for a day off work and obviously invested time in defending this scam. I was almost looking forward to meeting the judge and seeing the outcome through. Looks like its up to the judge to decide on costs and it's highly unlikely as it was going through small claims?

Background since last post for anyone following along. I received a court date. Few weeks later DCB legal called me leaving a message that I had till 4pm same day to agree to their offer (no details left). I ignored this as firstly I wasn't going to agree to anything but also giving someone 5 hours to agree terms isn't a real attempt to negotiate.

Overall this whole thing is pathetic. The whole business model seems to rely on targeting vulnerable people, using scare tactics and hoping they get enough payouts to cover the inevitable losses. It's sad but I'm very grateful for the help here and I would be delighted if this post helps someone else feel comfortable enough to defend their case.

Le_Kirk

It means you have won, just wait for the official word from the court before you open the bubbly!  You could claim costs if you had already entered a counterclaim when you submitted your defence or you could ask the court for the hearing to continue as a costs hearing.  How far in advance of the hearing was the notice of discontinuance?  There are some rules (CPRs) that determine what is reasonable behaviour by the claimant.

snowlucas

Just over 28 days. 

I’m glad I hadn’t started writing my statement. What a waste of time that would have been. 

Umkomaas

snowlucas said:

Just over 28 days. 

I’m glad I hadn’t started writing my statement. What a waste of time that would have been. 

Costs for discontinuation only really come into play if seven or fewer days notice is given before the date of the hearing. A month's notice won't excite a Judge. 

Coupon-mad

Anyway you won!  WELL DONE! 

Another one bites the dust!