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CCBC Claim Form recieved

24

Comments

  • Have removed the additional detail as advised and have merged Johny86's paras 4-11 into the March 2022 template defence for a robust 35 paragraph defence. Fingers crossed. 
  • Update - directions questionnaire 'alert' letter dated 20/04/2023 received today from dcb legal. Some wording:

    Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case.

    Letter advises to contact within 7 days to discuss settlement.

    A
    ny thoughts on this? Appears pretty standard from what I have seen previously. What is the overriding objective of UK courts?!?

    I will be ignoring this letter - though I am tempted to offer to settle for the grand sum of a pepper corn. 
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Item 7 on that checklist you were following states...

    Does that help?
    If so, perhaps paras 8, 9 and 10 might be worth another read.
  • Yeah that was my understanding. Ignore, wait for the quistionnare and complete in a timely fashion. Await the WS stage and submit that in a timely fashion. Then day in court unless plug is pulled. Couple of items to confirn:

    1) I can speak on my wife's behalf. 

    2) In the event the court sides with the opposition there will be no CCJ or other impact my wife should be concerned with (any court imposed 'fine' will be paid immediately) 
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 26 April 2023 at 11:10PM
    Couple of items to confirn:

    1) I can speak on my wife's behalf. 

    2) In the event the court sides with the opposition there will be no CCJ or other impact my wife should be concerned with (any court imposed 'fine' will be paid immediately) 
    1) Yes you can. Have a read of The Lay Representatives (Rights of Audience) Order 1999.
    A simple read. Very concise.

    2) That's correct and of course there will be no fine. But have another read of @Coupon-mad's post on your thread on 23 February at 11:54PM.
  • Le_Kirk
    Le_Kirk Posts: 24,702 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    1) I can speak on my wife's behalf. 
    As @KeithP wrote, you can but she has to be in court as well.
  • Update on this one - have received Notice of Proposed Allocation to the Small Claims Track which advises I must complete the N180 by 03/07/2023. Planning to complete this tonight and scan and email etc tomorrow 
  • Umkomaas
    Umkomaas Posts: 43,437 Forumite
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    Update on this one - have received Notice of Proposed Allocation to the Small Claims Track which advises I must complete the N180 by 03/07/2023. Planning to complete this tonight and scan and email etc tomorrow 
    Has that come from the CCBC or from the claimant's solicitors?
    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
  • @Umkomaas I am assuming the court - that's how it appears anyway. Is there any way to tell? Envelope has been binned 
  • Umkomaas
    Umkomaas Posts: 43,437 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    @Umkomaas I am assuming the court - that's how it appears anyway. Is there any way to tell? Envelope has been binned 
    One from the claimant's solicitors is usually completed by them, with a covering letter.  I'm sure yours is from the CCBC. When you come to complete it, refer to the latest advice (below), as the form has evolved slightly since the Template Defence Announcement and NEWBIES FAQ Announcement, second post, were written. 
    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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