Letter of claim DCBL/UKPC

teddyinwonderland

I’ve read both the FAQ and the defence template threads couple of times, but I’m just stressing about the whole situation a lot so I just wanted reassurance and a yes or no answer as to whether I need to send something. 

I know it says to wait to receive the N180 form which I’ll submit then 
Thank you for all the help until now…

Sebi_895

Try not to stress, I understand it does hang over you like a cloud but take it from me you just need to follow the process and you'll be fine. As far as I can see your situation is going according to the normal DCBL process. If their N180 is in then get yours over; its a simple form and all the details are in the usual helpful threads. If you need help please shout.

KeithP

teddyinwonderland said:

I’ve read both the FAQ and the defence template threads couple of times…

Then you will have seen this...

What don't you understand there?

teddyinwonderland

Hello all, I completed my N180 form and after all the delay from the courts my case got transferred to Cardiff county court (my home court). I’ve just got a letter from them. The court decided to determine my case without the parties attending the court to give any oral evidence and I know I have to let the court know 7 days prior to the hearing if I think that’s not suitable and why. My case is listen for paper determination on the 12th of June 2023 and UKPC has until 15th of may to pay the trial fee. 

Do I write my witness statement now and tell the court I want to attend a hearing?

KeithP

teddyinwonderland said:

The court decided to determine my case without the parties attending the court to give any oral evidence and I know I have to let the court know 7 days prior to the hearing if I think that’s not suitable and why. 

Are you sure you have until seven days before the hearing to let them know?

I suspect you have seven days from the date of that notice to tell them whether you agree to it or not.

You don't want to agree to that proposal.

Coupon-mad

You tell the court NOW in writing (this week, this objection is urgent) why you do not accept this.

As seen on loads of other threads when you search for wording.  Please don't ask for links.  We'd have to search too!

Your WS bundle is due in May, by the date/deadline the Order tells you.  For that, check out and copy/adapt the WS posted recently by @aphex007 and @SJRRJS

Boat_to_Bolivia

Yes email the court and tell them you are not happy about it at all and want to attend court.

Then get to work on your WS. Current exemplar WS bundles are by @aphex007 and @SJRRJS.

You will have been given a deadline for submitting your WS and you must not miss that dealine.

Le_Kirk

teddyinwonderland said:

Hello all, I completed my N180 form and after all the delay from the courts my case got transferred to Cardiff county court (my home court). I’ve just got a letter from them. The court decided to determine my case without the parties attending the court to give any oral evidence and I know I have to let the court know 7 days prior to the hearing if I think that’s not suitable and why. 

What did you put on the N180 where it asked if you thought the case was suitable for determination "on papers"?  Did you tick NO and give a reason?  If so, then you could include that in your e-mail to the court.

teddyinwonderland

Le_Kirk said:

teddyinwonderland said:

Hello all, I completed my N180 form and after all the delay from the courts my case got transferred to Cardiff county court (my home court). I’ve just got a letter from them. The court decided to determine my case without the parties attending the court to give any oral evidence and I know I have to let the court know 7 days prior to the hearing if I think that’s not suitable and why. 

What did you put on the N180 where it asked if you thought the case was suitable for determination "on papers"?  Did you tick NO and give a reason?  If so, then you could include that in your e-mail to the court.

That’s what I’ve put in my N180 for and 
it the paper I received from the court it does say: 
“I’d any part objects to the case being determined in this way, they should write to the court not less than 7 days prior to the hearing date providing brief reasons why they think such determination is not appropriate” 

But I believe it wouldn’t hurt to let them know now I prefer to attend hearing and explain what I wrote in my N180 form as well?

Le_Kirk

teddyinwonderland said:

Le_Kirk said:

teddyinwonderland said:

Hello all, I completed my N180 form and after all the delay from the courts my case got transferred to Cardiff county court (my home court). I’ve just got a letter from them. The court decided to determine my case without the parties attending the court to give any oral evidence and I know I have to let the court know 7 days prior to the hearing if I think that’s not suitable and why. 

What did you put on the N180 where it asked if you thought the case was suitable for determination "on papers"?  Did you tick NO and give a reason?  If so, then you could include that in your e-mail to the court.

That’s what I’ve put in my N180 for and it on the paper I received from the court it does say: 

“I’d If any party objects to the case being determined in this way, they should write to the court not less than 7 days prior to the hearing date providing brief reasons why they think such determination is not appropriate” 

But I believe it wouldn’t hurt to let them know now I prefer to attend hearing and explain what I wrote in my N180 form as well?

I can clearly see you objected to a hearing on papers, why couldn't the person who was dealing with your case?  You absolutely MUST object to it and your reason is as specified on the N180 and, for their information, here is a copy of the N180 as filed!  I hope I have interpreted what you meant to say as above.