UKPC Set Aside Hearing

Chesterfield1970

@Coupon-mad I will make sure i do this over the weekend.  Thanks

Chesterfield1970

@Coupon-mad quick update, UKPCs solicitors haven’t responded to my witness statement etc by the deadline set by the court. 

Coupon-mad

Chesterfield1970 said:

Second part

Oh goody!

They don't dispute any if your WS then!

  

Chesterfield1970

@Coupon-mad

No so next stage is the hearing on 16th January

🙂 

Chesterfield1970

@Coupon-mad lol I thought I’d check with the court that they hadn’t received anything and they have advised me that the solicitors have contacted the court the day after the deadline to say I haven’t sent them anything.  They can do that but didn’t bother to check their mailboxes for my email sent on time and for which I have a delivery receipt

Chesterfield1970

@Coupon-mad apparently my non compliance with the court order has been passed to the judge so I need to provide evidence of sending the documents.

I sent the bundle of documents to the courts email address and the email address I found on the solicitor’s website(is that ok or have I messed up)

in this respect I have written the following to send to the court and would appreciate your thoughts.

Further to my telephone conversation today, where I rang to inform you that I had not received anything from the Claimant. You advised that the Claimant had contacted you to inform that I, the Defendant, had not complied with the Court Order.

This is not the case, please find attached proof that I delivered to the Claimant a Witness Statement and a Draft Defence, as per the court’s instruction by XXXX. 

The email was sent at XX on XX and acknowledged by the Claimant within 1 minute at XX on XXXX.

 Please be aware that XX Solicitor’s email address for sending email correspondence is advertised on their website  XX (extract below) and I would ask that it is recognised by the Court.

 In addition, I would also ask that it is considered that XX solicitors are quick to advise the court on XXX (the day after the Court Order deadline) that I have not complied with the Courts order yet do not consider it prudent or correct to check their own systems before doing so, especially when the Claimant sat on this case for 4 years and only then issued proceedings. 

XXX must have a legal obligation to check their systems for incoming correspondence before advising the court incorrectly that I have not complied with the Court Order, but this ‘fast and loose’ approach is what has put me in this position in the first instance, causing me great concern and upset.

Had I not checked with the Court earlier today, the learned judge may have dismissed my case thinking I had not complied with his instruction

Coupon-mad

I think I would put all that in a Supplementary Witness Statement (signed & dated under a statement of truth) with the email and the email receipt as an exhibit.  Also attach proof of emailing the bundle to the court too (just in case the Judge is swayed by a solicitor, and minded to think you didn't do that either).

Putting assertions into the body of an email isn't great in a court context. This needs a statement of truth IMHO.

Then in the body of the email, explain briefly the phone conversation and why you are sending this extra submission for the urgent attention of the Judge, and are again copying in the solicitor, as you already did in good time.  Proof attached.

Point out that you were informed by the court clerk that the solicitor had contacted the court behind your back (you were not copied into any email) and are horrified that they are making secretive and seemingly random contact with the court, without copying in the Defendant/N244 Applicant.

This course of conduct appears to meet the Dammermann v Lanyon Bowdler LLP  high bar of wholly unreasonable behaviour by the Claimant's legal representatives, only discovered by pure luck when you called the court, to report that you had not received anything from the Claimant (it is they who are in breach).

As such, you ask the Judge to consider the attached evidence and the submission and evidence already filed and served in good faith, in accordance with the Order, and award your costs in full and strike out the claim and set aside the CCJ because it is the Claimant who has breached the Order.


Errr... is this QDR or DCBLegal?

Which email address did you use?

Hopefully, you visibly copied them into the email you sent to the court as a cc?
You didn't email it separately, surely?
The whole point of doing one email to BOTH is so they can't play these games!

Chesterfield1970

@Coupon-mad QDR enquiries@qdrsolicitors.com and yes I sent them separately, silly mistake I realise now.

Coupon-mad

Chesterfield1970 said:

@Coupon-mad QDR enquiries@qdrsolicitors.com and yes I sent them separately, silly mistake I realise now.

Looks fine. The fact you emailed them and got an acknowledgement is deemed 'served'.

They can't say it wasn't, IMHO.

The court was happy to receive the pre-hearing submission by email - as per the Order - and QDR should have expected to be emailed too.  They had your contact details and had not told you otherwise.

Have you sent this Supplementary WS today?  Really urgent to alert the Judge and to say what I said in the body of the email. Visibly cc QDR using that same email address because it is all you have.

Chesterfield1970

@Coupon-mad I have sent the Supplementary Witness Statement to the Court today and copied QDR into the email.  I have proof of delivery as well. 

The SWS included proof that the draft defence  and SWS were submitted in accordance with the court order and on time inclusive of delivery receipts from both parties.  

I have highlighted the SWS for the urgent attention of the judge and included the wording you provided earlier in the body of the email.

I am hoping he tells them they haven’t complied with the order but we will see.

it’s amazing they can contact the court within a day of the deadline without checking the mailbox they provide for sending emails. 

Thanks again!!