UK PC Claims received

LionsShare

@Coupon-mad thankyou for the above. 

Just preparing for the hearing on 16th and reading through some of the other threads on set asides. 

I noticed that @Jack5656 sent skeleton argument to the courts beforehand. Do I need to be sending anything to the courts prior to the hearing on Weds or do I just do as you have said above and just take a draft defence along with me?

Coupon-mad

A skelly isn't required.

Do be ready to state which Rule you are applying under.  CPR 13.2 or 13.3.

LionsShare

Ok, thankyou

LionsShare

Just got back from my hearing at Luton!

The judge decided to set aside the claim! 

She was very pleasant and asked about my previous addresses and when I had moved / if I had informed the DVLA etc.  I had written down all dates etc. so I explained all this to her.

I told her I would have been easy  to find with a soft trace as I had kept all my records up to date. I took evidence of change of addresses but she didn't ask to see it.

All was going well until we got to the part about acknowledging the claim and at first she said  (because I had acknowledged) that actually shows that the claim was served correctly which means she'd be unable to set aside. But then she mentioned something about CRP 13.3 and that she could use her discretion.

Then we talked about why I hadn't filed my defence and again I was worried by her reaction to this. I mentioned my letter to DCB requesting required documents in order to defend (with no reply) and my subsequent email also with no response (I took copies of letter and email sent plus the proof of posting which I had kept. She asked to see the copies of this) and in the end she felt that was enough of a reason to excuse the fact that I hadn't filed defence on time. She said  "it is a serious breach...but how can you defend your case without the required information?"  The fact that all this was done in timely way was to my advantage too.

She asked why I had paid the judgements and I then I explained that it was under duress / my credit rating etc.

So she has set aside judgement and ordered DCB to provide the required documents within 28 days. If they do not - the case will be struck out.  If they do I will be able to file my defence and counterclaim for my money to be returned.

I am confused about how I will get my money back if the claim is struck out. The judge spent quite a while thinking about this and then did come up with a solution but I'm still confused about it. Hopefully when I receive correspondence from the court it will be clear.

Very happy!!

Thanks so much @Coupon-mad and everyone for your help with this. 

Coupon-mad

I think she will have stated that 'costs are reserved' meaning that if they discontinue or breach an order you can pounce, without needing to apply again.

FANTASTIC NEWS

LionsShare

Thanks @coupon-mad
  

LionsShare

New Update!

Today on checking my bank account I noticed that DCBL has paid back both my claims!!!!  I can't believe it!!  I was so confused (and of course delighted) to see that my bank balance was £5500 higher than expected this morning and then on further inspection I saw that it was due to x2 payments from DCBL!!  Yay!!!

Do you think they're not going to bother with anything further?  I've expecting their documents & info through the post as per the recent Order from the judge. 

Do I need to do anything? (other than celebrate that is )

Woohoooo!

Umkomaas

Nice. 

I suspect they will go on to discontinuation. But, there's nothing guaranteed in this game. Don't fall asleep on it. Follow precisely any order given by the judge until such time as you receive confirmation from DCB Legal or the court that the claim is discontinued. 

Coupon-mad

This is great news!

You are back to where you were and can either defend the claims or they might give up. But for a 4 figure claim I don't think they will discontinue.

Wait for the written Order to understand what the Judge wants both parties to do next.

LionsShare

Thanks both. This is the Order received:

https://www.dropbox.com/scl/fi/lj6pglhe8gagoxx8o77oi/Order_redacted.jpg?rlkey=ss0r0d2giofbar8s1gmdagv74&dl=0