HELP PLEASE! Residential defence witness statement against PCN claims brought by DCB Legal

Waldo03

I sent email to the court 10 days ago but haven't heard back while the hearing is on August 29. Thinking to call the court on Monday (August 21), after all I should know if it is going to strike out the second claim for cause of action estoppel or consolidating the cases to hear both of them on the same day. Any thought?

Coupon-mad

Has DCBLegal sent WS bundles x2 to you?

Waldo03

It had labeled the witness statement as 'WS Bundle' which it just emailed and later on also emailed a supplementary WS. No physical bundle has come through as of now.

The_Loner

Waldo03 said:

It had labeled the witness statement as 'WS Bundle' which it just emailed and later on also emailed a supplementary WS. No physical bundle has come through as of now.

They won’t send a hard copy, did the emailed bundle open up OK, my daughter had to contact them to resend it.

Waldo03

The_Loner said:

did the emailed bundle open up OK, my daughter had to contact them to resend it.

Yes, it did. However when they sent supplementary WS, there was not any attachment with the email. So, I had to point out and they then sent it.

Waldo03

Got the following message from the court yesterday:

The Judge has considered your email and has directed that:

 

1. If you seek to strike out or consolidate an application using N244 is required
   
   
2. This case is listed in the small claims back to back list and, therefore, a remote hearing it not possible

 

You should seek to agree an adjournment, make an application or you are referred to provisions of CPR 27.9

Do I have to seek agreement from the Claimant for the adjournment?

Coupon-mad

Can you attend on August 29?

And that's just one case?

Just go along and win the first case then use that as leverage to persuade DCB to discontinue the second.

Waldo03

I cannot attend for being out of the country and unfortunately hospitalised also after an emergency surgical procedure (latter a recent development). I had though informed the court about my inability to attend the hearing for being out of the country due to job.

Coupon-mad

Try an email asking the Claimant to agree to postpone the hearing, it being a better use of court time - and saving doubling of a rep's fee for them - to have both claims xxxxxx and xxxxxxxx heard at one hearing.

Make it a time bound email.  Short & sweet asking for a reply by Monday morning 11am at the latest.

I think (hope I'm right) if you get consent from both sides, there's no fee or application needed.

Waldo03

Further to my adjournment request supported by a medical letter about my hospitalisation abroad, the judge issued the following directions at the hearing:

Upon reading a letter from the Defendant, hearing the Solicitor Agent for the Claimant

IT IS ORDERED THAT

I. Trial adjourned to XX November 2023 at 10am. Time estimate 2 hours as face-to-face.

2. Defendant must send to Claimant by 6 September 2023 a copy of the witness evidence he intends to rely on

(the Court noting the witness statement dated XX July 2023 filed at Court) and in default he shall be debarred

from relying on any evidence.

3. Costs reserved.

I am a bit confused about direction 2. I had CC'd claimant in the email while sending WS bundle to the court by the deadline to do so, and in response to it the claimant then issued a supplementary witness statement. Whey has the court then issued this directive? Is this a normal practice or there is some confusion in the court's mind?