Defence Claim for Input

Coupon-mad

Do not remove the statutory CoP!  It has not been withdrawn indefinitely, far from it!

I am on the Govt Steering Group and the final steps are imminent (anticipated this Summer) to reinstate it and overcome the Judicial Review blockers.

This is why I edited the Template Defence to reflect the current position.  Add that after Johny's paragraphs (I realise he used the old version but you should use the new edited version).

bms0921

Thank you @Coupon-mad - I am SO glad to hear it's not been removed. Will add it back in as I think it's critical in this Defence. 

Thank you for all the help! Will take another look before submitting around the deadline but a good 'task' done. Very irritating however... 

bms0921

Hi

I'm about to email my defence. Can anyone confirm if I need to send it directly to the Claimant at the same time? It's not clear to me from the Court Process thread? 

Umkomaas

bms0921 said:

Hi

I'm about to email my defence. Can anyone confirm if I need to send it directly to the Claimant at the same time? It's not clear to me from the Court Process thread? 

Just email your defence to the CCBC, they'll copy it to the Claimant's solicitors. At the end of last year we were recommending also copying the Claimant as there seemed to be a glitch at the CCBC causing some defences not to be copied to the C. Now appears to have been resolved. 

bms0921

Hi! 

I received confirmation from the Court on May 2nd that my defence has been filed and sent to the Claimant and that they must confirm to the court within 28 days if they want to proceed. 

I received a letter from DCB Legal on May 18th saying: 

Having reviewed the content the content of your Defence, we are writing to inform you that our client intends to proceed wit the claim. The Court will direct both parties to file directions questionnaires in due course. In anticipation of that we are enclosing a copy. 

Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our Client may be prepared to settle the case. To discuss settlement please contact us. 

I do not want to settle but I have not heard anything else from the Court and it's now been over 28 days and I'm nervous about missing something. I have tried contacts the Court but keep getting stuck on hold and not getting through. 

Should I keep trying to contact them by phone? Should I have expected to receive something by now?

B789

Nothing new there and it is already pointed out to you in the 12-point checklist from the defence template thread. Just keep checking your MCOL for when your own N180 DQ is sent and then just download one, complete it and send back to CCBC and a copy to the C' sols.

Coupon-mad

This is all normal.

Getting your DQ takes about 2 months at the moment, going by all the other threads ahead of you.  Worth you reading a few to gain confidence.

And that letter is already in the Template Defence first 12 steps anyway, so everything is as expected..

bms0921

Me again!

I contacted CCBC and they told me that on May 3rd the Directions Questionnaire was sent to Keoghs, my solicitor who is acting on my behalf and I should reach out to them directly. I have categorically not engaged the services of a solicitor. I submitted my defence directly and I have no idea what is going on. 

Have you experienced this? Any advice?

Coupon-mad

bms0921 said:

Me again!

I contacted CCBC and they told me that on May 3rd the Directions Questionnaire was sent to Keoghs, my solicitor who is acting on my behalf and I should reach out to them directly. I have categorically not engaged the services of a solicitor. I submitted my defence directly and I have no idea what is going on. 

Have you experienced this? Any advice?

Ring the CCBC or preferably email them again and demand to know what the heck they are talking about.

Download a DQ and attach your completed one to the email to the CCBCAQ email address, and copy in DCBLegal stating that you are NOT using a solicitor (never were) and that this is a CCBC error.

For how to complete a downloaded N180  please read the NEWBIES thread and please don't ask us about the 'new questions in the DQ'.

This thread - New Questions on the N180 Form - should help.

DO NOT DO NOTHING.

At the moment the CCBC thinks you are a month late sending in your DQ.  You will get a CCJ this way, if you fail to challenge their error.

Le_Kirk

bms0921 said:

I contacted CCBC and they told me that on May 3rd the Directions Questionnaire was sent to Keoghs, my solicitor who is acting on my behalf and I should reach out to them directly. I have categorically not engaged the services of a solicitor. I submitted my defence directly and I have no idea what is going on. 

Did they really say that?  Don't they speak English at CCBC? As for advice, it would seem that they have confused your case with another, did you give them any reference numbers against which they could check or just a name?