DCB Legal Claim

blspuds

Thanks for info, ive read through the judgement in the HHJ case and dont see what I can reference, i presume its in paragraphs 7 and 8?  As im unsure what to add to my paragraph 3 where I reference the Chan case i think ill leave it as it as i dont want to fudge it up! 

Thanks again 

Coupon-mad

You were advised to search the forum and just copy the standard Akande words used dozens of times. Not write it yourself. 

blspuds

Fair point, so how's this please?  Leaving my paras 1-2 as before and then carrying on with 4 after the Akande insert:

3. Two recent persuasive appeal judgments in Civil Enforcement Limited v Chan (Ref. E7GM9W44) and CPMS v Akande would indicate the POC fails to comply with Civil Procedure Rule 16.4(1)(e) and Practice Direction Part 16.7.5. On the 15th August 2023, in the first case, HHJ Murch held that 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. The same is true in this case and in view of the Chan judgment (transcript below) the Court should strike out the claim, using its powers pursuant to to CPR 3.4.  

Chan Insert

The second recent persuasive appeal judgment Car Park Management Service Ltd v Akande (Ref. K0DP5J30) would also indicate the POC fails to comply with Part 16. On the 10 May 2024, in the cited case, HHJ Evans held that 'Particulars of Claim have to set out the basic facts upon which a party relies in order to prove his or her claim' (transcript below).

Akande insert

Coupon-mad

Perfect.  

blspuds

Thanks for the help and confirmation, will get it sent over by email tomorrow.

blspuds

Morning all, email sent and generic reply received, will update on next steps once received. 

blspuds

Hi all,

Finally an update on this.

Received a letter from dcblegal (not the court) today stating: 

“our client intends to proceed with the claim.  The court will direct both parties to file questionnaires etc.  In anticipation of that we are enclosing a copy”. Plus “our client may be prepared to settle the case” etc.  Which I have no intention of doing.

Question on this and the dates though.  I received a letter from Hm Courts and Tribunal Services dated 13/11 saying that:

“the claimant must contact the court within 28 days after receiving a copy of your defence.  After that period has elapsed, the claim will be stayed”. 

The letter received today and direct from DCBLegal is dated 13/12.  Now that is over 28 days and Ive had no contact from the court, only this dcblegal letter and form. 

Any advice welcome.

Many thanks 

Coupon-mad

That all seems like a normal timeline.

You'll get a mediation call in January.  See the first 12 steps in the Template Defence thread for what to say to the Court Mediator. Waste of time. 5 minute call!

blspuds

Just started filling in the N180,  thought would try and get it out the way before Chritsmas!  First page i put my name and first/defendant?

Am i allowed to just put in my name in the signature block? Or print out sign and re-scan?

Last page under signature there is a legal representative for the - followed by numerous boxes, leave these blank or tick first/defendant boxes again? 

Thanks

Le_Kirk

There is a section in the NEWBIE STICKY about how to complete the N180