Set-Aside Hearing Tomorrow....need help!

Chloe_Meow

You're right KeithP, that was discussed. However, we agreed I should send an email highlighting the breach andbringing it to the court's attention.I'm OK with that and yes, I will try to remember to put it in the Witness Statement. Also, confirmed that the letter DCBL sent to me where they agree to the set-aside is still not on court file.I believe they're employing the same dirty tactics as they did when they sent the LBC to the wrong address. Sending half a response pack is another. The court agent was surprised becasue he believed it was the court that normally send out the response pack and the fact that DCBL sent it out, he considered it to be very 'helpful' of them. DCBL being helpful?!!!....hmmm.

KeithP

An Acknowledgment of Service is not required in your situation.

To me, it looks like the Claimant has sent you a load of stuff in an attempt to confuse you.

Just follow the court's instructions - which are simply that you must file and serve a Defence by 4:00pm on 30 May 2023.

B789

You will use the template defence as per Johny86. An example of this is here:

https://www.dropbox.com/s/5r7vbqttho3q948/2023 defence.pdf?dl=0

It may be worthwhile adding a sentence/paragraph in your defence, near the beginning where the extra paragraphs relating to the poor PoC that the claimant failed to provide those PoC in a timely manner in breach of the court order by judge [name] on [date].

You cannot add something you do not include in your defence which is why I suggest adding the above. If you need to expand on it later, you will be able to do so in your WS.

My only concern is that with DCB Legal attempting to subvert the defendant with their unrequested "pack", they are including their own WS even though it has not been requested, perhaps to try and sway the judge who reviews the PoC and the defence before assigning a hearing date. Is it not beyond the possibility that that judge could decide to throw the case out or make a summary judgment at that time?

Chloe_Meow

Thank you B789, just what I need, appreciate it. And, well said. I agree with you completely about trying to sway the Judge. The Judge needs to know that they are trying to subvert not just me but the court process too by sending an incomplete pack. I'm going to try to attach an image of the covering letter. A Judge reading it, may also think they are very helpful. They've also used the same line again as they did with the unfiled-as-of-yet set-aside consent letter: 'We confirm the enclosed has been filed at the Court'.

Chloe_Meow

Boat_to_Bolivia said:

You do not need to do anything with what DCBL has sent you.

You just need to write your defence and email it to the court before 30th May.

@Boat_to_Bolivia, thank you, I missed your post. That's just what I want to hear and confidently put. Thank you for making me feel a little better.

Coupon-mad

As others have said, no AOS is needed.

You just do what that Order tells you to do.

You do not use any forms.

You do email your defence to the local court (AND WE ADVISE YOU APPEND YOUR FULL WS AND EVIDENCE BUNDLE TOO*) and copy in the solicitors. Not the CCBC email address of course.


*see threads by @aphex007 and @SJRRJS

Johnersh

I'd draft the defence and have it ready, but not yet file it just yet. 

When is the letter dated? If it was sent on time such that deemed service provisions assist them, this may all be a red herring. Do check the rules yourself, but one imagines that they'd need to have posted it on 28/04 for deemed service to be 02/05.

If it is properly late then you might want to take the point since C has failed to serve PoC within time. Accordingly, if the claim is to proceed, C would probably need to apply for relief from sanctions, with D making noises about casual disregard for CPR service rules (again). 

Le_Kirk

Now, I received the PoC from DCBL today (05/05/23). Haven't DCBL already breached the Court Order?

Now that you have received the POC, albeit late, are they a FULL POC such that you cannot use the @Johny86 defence which is based on "sparse particulars"?

Chloe_Meow

Thank you Coupon-Mad,I will begin reading through those threads as soon as I can. Johnersh, this is somethng I've been trying to get my head around. Letter is dated 26th April. There is no date stamp of any kind on the envelope, just a pre-printed secured mail format envelope with a Royal Mail code of 'C9 10017'. I cannot determine if this is 1st or 2nd class. Even if it is 2nd class, it took 7-8 business days to arrive from the 26th April! Something not right there. Going by Royal Mail worst case delivery times (self-advertised) for 2nd Class mail which is 4 days, it would have been posted on Tuesday 2nd May (Monday was a Bank Holiday) to arrive on Friday 5th May. What do you think @Johnersh ?

@Le-Kirk, I will scan the PoC this evening and redact the ID bits. It's apparently an 'amended' version of the original PoC. Maybe they've added the breakdown of the amount claimed since that's what I foolishly queried before the set-aside hearing thinking that they may discontinue.

Grizebeck

The postal bit is frankly irrelevant