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On Holiday -Claim.form from civil national business centre

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  • Loxy1
    Loxy1 Posts: 61 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Great, many thanks for the help here, I have mailed it and have had an auto reply for the claimresponses email address
  • Loxy1
    Loxy1 Posts: 61 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Hello All, 

    I have received a response back from DCB legal, they have informed that they wish to proceed with the claim and have sent copies of their pre filled directions questionaire. They have indicated that they wish to have the case heard remotely, I will ask for it to be heard locally and hope that it is.

    They have also finally replied to my request for information held, I requested this in October 2023, finally they have sent printed documents along with photos of signage, you can only really make out the direction not to overstay on the signage.

    I take it that given I don't wish to call them to discuss settlement then there is no action required at this stage?

    Thanks in advance
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Loxy1 said:
    Hello All, 

    I have received a response back from DCB legal, they have informed that they wish to proceed with the claim and have sent copies of their pre filled directions questionaire. They have indicated that they wish to have the case heard remotely, I will ask for it to be heard locally and hope that it is.

    I take it that given I don't wish to call them to discuss settlement then there is no action required at this stage?

    Thanks in advance

    You were expecting that weren't you?

    Item 7 on that checklist you were following when you filed a Defence says...

    Items 8, 9 and 10 on that list might be worth another read too.   ;)
  • Loxy1
    Loxy1 Posts: 61 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thank you for your reply, yes I was expecting it but, I still like to check I'm not missing anything and I think I may have been a little confused with the evidence pack the sent, I had attributed this to my request for them to send the details they had of the case in 2023. I highlighted this in my defence and I thought this was associated to that comment but I'm now thinking they probably send all this info as part of the standard claimants directions.

    I'll await the next step to complete my forms
  • Loxy1
    Loxy1 Posts: 61 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Hello,

    Please can I just clarify for the N180 DQ form, I have received this -

    From the advice on here -

    "Except in cases where you have filed a counterclaim (which are allocated to your local court quicker and the CNBC is no longer involved) the completed DQ should be returned by email to the CCBC to this address:  DQ.CNBC@justice.gov.uk.       Cc a copy of your completed DQ to the Claimant (or their solicitor if they are using one).  Their postal address is on your Claim Form but you can find an email for them by searching this forum. "

    I'm being a little paranoid but I want to just ensure that this still holds true and I'm doing the correct thing - I have read form this that I can complete the form by hand, then scan this and I can email it to DQ.CNBC@justice.gov.uk.

    I then need to cc a copy to the claimant, however does this need to be a hard copy or could it also be an email? I read "postal address " so I'm thinking I need to send it by royal mail, however is this not an easy out for them to say they didn't receive it?

    Also the D2 suitability for determination without a hearing, I intend to say no, and that there are factual disputes over signage size etc, does this sound ok?

    Thanks again for any help


  • Coupon-mad
    Coupon-mad Posts: 152,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 15 October 2024 at 12:32AM
    The DQ can be emailed (one email to the CNBC with the solicitors cc'd in).  The N180 DQ can also be found online and downloaded.  Court forms are findable easily as an electronic version.  No need to print and scan.

    Also the D2 suitability for determination without a hearing, I intend to say no, and that there are factual disputes over signage size etc, does this sound ok?
    That's not what the NEWBIES thread says for that question ... but that sounds reasonable.
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  • Loxy1
    Loxy1 Posts: 61 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    My formatting on the submitted documents is better than above! - not sure what happend there.
  • Loxy1
    Loxy1 Posts: 61 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Hello All,

    I've had a letter today, a general form of judgement or order from the local court

    it states

    Before deputy judge x sititng at the county court of Y


    Upon considering the papers on the court file


    IT IS ORDERED THAT

    1 . The matter is transferred to the county court of Z

    2. If this order was made as a result of a without notice application or on the courts own initiative and if you object to the order, you may make an application to have it set aside, varied or stayed provided the application is made within 7 days of service of the order.


    I assume that this is just a transfer to a different (also local ) court and that I don't need to take any action nor would it benefit me to make an application to have it stayed (ie remain at the original court)?

    Any advice on the above is much appreciated
  • Gr1pr
    Gr1pr Posts: 8,798 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 7 February at 7:09PM
    Please go back to the template defence thread and study the 12 steps, you haven't reached step 12 yet 

    I presume that any change of local court is due to the courts being reduced,  or centralised, or due to how busy they are 

    I dont think that I would try to change it,  as long as it's fairly local 
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