Small claims court guidance from UKPC and DCB Legal

Coupon-mad

You can get the CNBC on the phone in the dot of 8am weekdays (beat the queue).

Do not be fobbed off and if need be demand to speak to the court manager about compensation. Tell them you thought bailiffs were coming round, etc.

Ameliebear23

Hi all, I just thought I’d give a quick update with regards to my case. Shortly after the last comment on this thread I received a letter from the CNBC saying that I did file my defence in time and that the erroneous judgement was filed in error. As such we are now back on track and I have just received a Directions Questionnaire (Small Claims Track) N180. On the information in previous threads It specifies how to fill it out. However, in the D section on the form I only have a D1 and not a D1, D2, D3, D4 as specified by prior posts. My D1 question does not coincide with the D1 mentioned previously. Mine says: ‘Do you consider that this claim is suitable for determination without a hearing, such as: by a judge reading and considering the case papers, witness statements and other documents?’ It then says if no, please state why. It also says ‘relevant reasons include that there are factual disputes which will need the judge to hear from witnesses directly (in which case please specify the factual dispute and the relevant witnesses) or that the issues are so complex they need to be argued orally. What should I put here? Any help would be greatly appreciated as always. 

KeithP

Case determination without a hearing?? Why would you even consider that?

You would be allowing a trained legal advocate to present their version of the truth without you having any opportunity to interject.

Also your absence would obviously remove any possibility of the judge asking you questions for clarification.

Ameliebear23

KeithP said:

Case determination without a hearing?? Why would you even consider that?

You would be allowing a trained legal advocate to present their version of the truth without you having any opportunity to interject.

Also your absence would obviously remove any possibility of the judge asking you questions for clarification.

Hi @KeithP

I thought that myself but just wanted to make sure. Did you see my question on another thread regarding this matter which I tagged you in? My local court is Bedford which is a paper determination court. Should I change courts and would I be asked to prove why I am asking for a different court? Or should I just stick with Bedford and give a reason as to why I want a proper hearing? Will it make a difference to DCB Legals decision to discontinue the claim if they know it’s a paper hearing as opposed to a face to face hearing? My thoughts are if they think there is more chance of winning IE through the papers then they’ll be less inclined to discontinue the claim. Thanks for your help. 

Coupon-mad

This new question isn't so new and is already covered in the NEWBIES thread.

My local court is Bedford which is a paper determination court.

Give a NEW address in/near Luton if you know anyone there.  Luton court is great.

Ameliebear23

Coupon-mad said:

This new question isn't so new and is already covered in the NEWBIES thread.

My local court is Bedford which is a paper determination court.

Give a NEW address in/near Luton if you know anyone there.  Luton court is great.

Thanks @Coupon-mad, given that Luton is still a pilot paper determination court will I get the opportunity for a face to face hearing if I say no or are these courts non-negotiable when it comes to that? Will that influence DCB’s decision to continue the claim if they know it’s being executed through paper rather than a hearing or are they likely to discontinue before this stage regardless? 

Coupon-mad

I was thinking that Luton is more likely to strike the claim out. But in fact Bedford court does too I think (they might even have the same Judges).

Ameliebear23

Coupon-mad said:

I was thinking that Luton is more likely to strike the claim out. But in fact Bedford court does too I think (they might even have the same Judges).

My guess would be that they do have the same judges. Same county and only half an hour away from one another but what on earth do I know? So, on that basis then should I still select no and give a reason as to why I want a face to face hearing or is this pointless because of the courts pilot paper status? 

Coupon-mad

I'd still tick 'no' with reasons.

Ameliebear23

Coupon-mad said:

I'd still tick 'no' with reasons.

Thanks @Coupon-mad , I really appreciate your help. The work you are doing to help ordinary people like me is commendable. 

If it’s rejected and it goes through on paper, are DCB more likely to continue the claim because of a higher likelihood of winning do you think?