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

B789

Waldo03 said:

B789 said:

I would suggest you send the email again, this time without the WPSATC, asking them to clarify their position. At least them you have a version that can be used to put them on the spot.

Should it be 'Without Prejudice' (not SATC)? Moreover, shall I repeat the contents of my previous letter while asking them to clarify their position? Also, I will really appreciate some tips as how to phrase my email/letter to seek clarity from claimant on my wrongly labelled WPSATC letter and its content? It is important for me to not misstep again 🙏

Do not put anything in the letter that mentions "Without Prejudice". By putting that wording in, all it means is that it can't be used in court... the opposite of what you want.

Waldo03

B789 said:

Do not put anything in the letter that mentions "Without Prejudice". By putting that wording in, all it means is that it can't be used in court... the opposite of what you want.

Okay, got it. What you and other who are kindly helping me in this think if I disclose the full letter to the court saying as the claimant has sought to put a redacted version of this letter before the judge, it is now imperative for me that the judge should see its complete content to avoid any misunderstanding?

KeithP

Hmmm... I am not sure you can send the same letter again, but without the 'Without Prejudice Save as to Costs' tag.
If you were to do that, presumably sending a copy to the court, you are yourself overriding the restriction you have already placed on the original.

But of course I may be completely wrong with that.

Coupon-mad

I agree. You can't do that.

Wait and see if the court vacates the in-person hearing listing which I reckon they will now.

Waldo03

The matter has been referred to a district judge for directions. This is what the court officials have informed both the parties today in response to the claimant's request to have the hearing remotely because the defendant (me) is now residing abroad.

Meanwhile, shall I send the email again, this time without WPSATC, to the claimant's legal reps to ask them to clarify their position as is suggested by B789?

Coupon-mad

No, sit tight.

Waldo03

So, the court has refused the claimant's application for remote hearing as it had refused to me under the same reason back-to-back (multi-case) list.

Now, what should be my next move?

Waldo03

I am thinking to send an email to the claimant's legal rep (DCBL) that had they consulted me before asking the court for remote hearing ostensibly on my behalf, they would not have to do this and wasted court's time as I had already been denied this opportunity. In a way, I would highlight/put on record pattern of their unreasonable conduct.

Moreover, shall I give them more time for discontinuance or just buy my tickets to attend the hearing?

UncleThomasCobley

Is it cheaper to buy the tickets or pay £105 to apply to have the order varied or set-aside?

Waldo03

UncleThomasCobley said:

Is it cheaper to buy the tickets or pay £105 to apply to have the order varied or set-aside?

My best interest is in that the claimant opt for discontinuance as they are just pushing their luck. My traveling will cost me around £1,000.

Also, there is no guarantee that the court will vary or set-aside its order.