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Another DCBL Claim

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  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 3 February 2022 at 8:17PM
    blackmath said:
    No sign of DQ. 
    Did you see this in @Redx's reply?...
    Redx said:
    blackmath said:
    Defence submitted. Now waiting for DQ which I expect to receive soon.
    Expect the DQ in about 6 to 10 weeks ! Not soon

    blackmath said:
    Any phone number I can call on Monday to see if I can press for the claim to be stayed in case they haven't actually responded to the CCBC on time.
    Isn't there a phone number on your Claim Form?
    Although having said that, I think you should continue to wait patiently.

    The CCBC sent you a letter, or will send you a letter, saying the Claimant had twenty eight days to consider your Defence.
    What you don't know is when the CCBC sent a copy of your Defence to the Claimant. 
    It follows from that that it is not known when the Claimant has to respond to the CCBC. 
    Further, we don't know what delays there are in the CCBC that means they don't send you a DQ as promptly as you might like.
    Can I suggest that you keep checking your MCOL Claim History and as soon as you see that the CCBC has sent a DQ to you, you are ready to download a DQ, complete it and fire it back to the CCBC, remembering to send a copy to the Claimant of course.
  • blackmath
    blackmath Posts: 95 Forumite
    Ninth Anniversary 10 Posts Name Dropper
    edited 3 February 2022 at 11:13PM
    I mean if it is possible to get the claim stayed because they missed the deadline, I'm gonna go for it. Not sure what waiting an extra few weeks achieves.

    If they made the deadline, then they made the deadline. I may even find out when was or will be. Get rid of all the uncertainty.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I think you are being hasty, and here's why...

    OK so your Defence was marked as received by the CCBC on 29th December.

    From here on this post is going to be almost a repeat of my earlier post, but here goes...

    Let's assume that the CCBC were being super efficient and sent your Defence to the Claimant the very same day that they received it - 29th December.

    It will have been deemed served on the Claimant five days later - 4th January (3rd Jan was a Bank Holiday).

    The Claimant has twenty-eight days to respond - which brings us to Tuesday 1st February.

    Let's once more assume that there are no delays in the CCBC and they send a Directions Questionnaire to you that same day. Allowing for two days Royal Mail delivery, you could expect to receive that DQ today - Thursday 3rd February.

    You seem to thing that the CCBC are sitting around just waiting to progress your case. They are not.

    You are being totally unrealistic.
  • blackmath
    blackmath Posts: 95 Forumite
    Ninth Anniversary 10 Posts Name Dropper
    edited 3 February 2022 at 11:24PM
    KeithP said:
    I think you are being hasty, and here's why...

    OK so your Defence was marked as received by the CCBC on 29th December.

    From here on this post is going to be almost a repeat of my earlier post, but here goes...

    Let's assume that the CCBC were being super efficient and sent your Defence to the Claimant the very same day that they received it - 29th December.

    It will have been deemed served on the Claimant five days later - 4th January (3rd Jan was a Bank Holiday).

    The Claimant has twenty-eight days to respond - which brings us to Tuesday 1st February.

    Let's once more assume that there are no delays in the CCBC and they send a Directions Questionnaire to you that same day. Allowing for two days Royal Mail delivery, you could expect to receive that DQ today - Thursday 3rd February.

    You seem to thing that the CCBC are sitting around just waiting to progress your case. They are not.

    You are being totally unrealistic.
    It would show up on the MCOL portal though more quickly.

    You may be right, but I have nothing to lose in checking. I received a confirmation letter from the CCBC dated the 29th, it is entirely possible that was when the defence was also posted, just like the letter I received.

    If nothing on MCOL by Monday I'll try the number on that letter.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    blackmath said:
    KeithP said:
    I think you are being hasty, and here's why...

    OK so your Defence was marked as received by the CCBC on 29th December.

    From here on this post is going to be almost a repeat of my earlier post, but here goes...

    Let's assume that the CCBC were being super efficient and sent your Defence to the Claimant the very same day that they received it - 29th December.

    It will have been deemed served on the Claimant five days later - 4th January (3rd Jan was a Bank Holiday).

    The Claimant has twenty-eight days to respond - which brings us to Tuesday 1st February.

    Let's once more assume that there are no delays in the CCBC and they send a Directions Questionnaire to you that same day. Allowing for two days Royal Mail delivery, you could expect to receive that DQ today - Thursday 3rd February.

    You seem to thing that the CCBC are sitting around just waiting to progress your case. They are not.

    You are being totally unrealistic.
    It would show up on the MCOL portal though more quickly.
    If you are relying on your MCOL Claim History, then the fact that it doesn't show that the CCBC has sent you a DQ means one of two things -
    1) they haven't received the Claimant's returned DQ, or
    2) they aren't dealing with matters with as much haste as you might like.
  • blackmath
    blackmath Posts: 95 Forumite
    Ninth Anniversary 10 Posts Name Dropper
    Finally transferred to local court. Better start preparing WS then.
  • blackmath
    blackmath Posts: 95 Forumite
    Ninth Anniversary 10 Posts Name Dropper
    Have heard nothing since the transfer. Will I get told if they don't pay the hearing fee?
  • Umkomaas
    Umkomaas Posts: 43,386 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    blackmath said:
    Have heard nothing since the transfer. Will I get told if they don't pay the hearing fee?
    Nope. When was your WS to be submitted by?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • blackmath
    blackmath Posts: 95 Forumite
    Ninth Anniversary 10 Posts Name Dropper
    Umkomaas said:
    blackmath said:
    Have heard nothing since the transfer. Will I get told if they don't pay the hearing fee?
    Nope. When was your WS to be submitted by?

    Haven't been asked yet.
  • Umkomaas
    Umkomaas Posts: 43,386 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    blackmath said:
    Umkomaas said:
    blackmath said:
    Have heard nothing since the transfer. Will I get told if they don't pay the hearing fee?
    Nope. When was your WS to be submitted by?

    Haven't been asked yet.
    As this has been dragging on for some time, tomorrow, I'd contact your local court to where the case has been allocated, and ask what the current position is (including whether the Claimant has paid the hearing fee as directed). 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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