Money claim letter issued - what next?!

bpps

Hi all,

Back again! The CCJ was set aside, had a telephone mediation and I've received the notice of allocation to my local court, the court date is coming up in a few weeks so I've sent through my Witness Statement as this is due by tomorrow.
One thing I'm slightly miffed about is the fact that the court date has been scheduled during the period I'd requested it not be scheduled in my original DQ. Is this frequently not taken into account? Is a new DQ/no DQ sent through when a CCJ is set aside and a new court date set up? I'm a little confused why they would do it during the period I'd requested not to.
I'm not away or anything luckily but I am heavily pregnant, the hearing date is after my 'full term' date and if I unexpectedly go into labour I obviously won't be able to give the 7 days notice that I can't attend. Anyone ever been in a similar situation?! I've emailed the local court to advise of the circumstances but not sure what to do otherwise. 

Thanks in advance! 

bpps

Just a note that I added onto this thread so the background was visible but if it should be a new post please let me know 😊

Coupon-mad

The hearing date is an error by the court.

But is it a DCB Legal claim for a single PCN?

If yes, and if they have not sent a WS bundle, they'll 99% certainly discontinue this week anyway. Please please show us the attached NoD when it arrives by email or post as we are counting these for the Government but we need the actual NoDs.

  

Or is it QDR?

bpps

Coupon-mad said:

The hearing date is an error by the court.

But is it a DCB Legal claim for a single PCN?

If yes, and if they have not sent a WS bundle, they'll 99% certainly discontinue this week anyway. Please please show us the attached NoD when it arrives by email or post as we are counting these for the Government but we need the actual NoDs.

  

Or is it QDR?

That's frustrating, the court replied to my email this morning but only to confirm they'd received my DQ, not to answer any of my questions about the scheduled date.
Yep, it's DCB and they haven't sent anything or tried to make contact (in previous cases they've offered me alternative amounts to 'settle' the case) so I was hoping they'd discontinue. I'll send the NoD when I receive it!

bpps

Still no NoD and it's my deadline to let the courts know I won't be able to attend! I've got a midwife appointment during the time listed and since they've not taken into account my requested dates, should I just let them know I can't attend? I don't want DCB pouncing on this as a weak point if they get told that I won't be there but not sure what else to do.

Coupon-mad

Send a copy of the midwife appointment and either ask to join the hearing remotely (because the actual appointment won't be more than half an hour I assume, as a Mum of four myself?) or ask them to vacate the hearing because - due to your pregnancy - this date was one which was clearly stated as 'unavailable' on your DQ.

Also ask if the Claimant paid the hearing fee or have they discontinued and not told you?

Make sure it goes to the right hearings email address for your local court and has the claim number and date of hearing in the subject line and the words 'URGENT HEARING DATE ERROR'

Do not cc in the other side this time.

Do email a separate complaint to HMCTS because they deal with complaints quickly. HMCTS will contact your court and help resolve the issue. Do that now.
 

bpps

Thank you so much! I've asked for it to be vacated since I stated I was unavailable and submitted a complaint. I absolutely don't mind going to court if it was any other time, it's just riling me that I did everything I could from my side stating x weeks/x months either side of my due date and it's just been ignored. 

Coupon-mad

bpps said:

Thank you so much! I've asked for it to be vacated since I stated I was unavailable and submitted a complaint. I absolutely don't mind going to court if it was any other time, it's just riling me that I did everything I could from my side stating x weeks/x months either side of my due date and it's just been ignored. 

And did you email a compliant to HMCTS too, which should help sort this out asap.

bpps

Coupon-mad said:

bpps said:

Thank you so much! I've asked for it to be vacated since I stated I was unavailable and submitted a complaint. I absolutely don't mind going to court if it was any other time, it's just riling me that I did everything I could from my side stating x weeks/x months either side of my due date and it's just been ignored. 

And did you email a compliant to HMCTS too, which should help sort this out asap.

I did, yes! Turns out they'd sent the NoD 05/06/2025 but I didn't receive any notification of it. So glad, again thank you for your help! I'll send over the NoD.

bpps

Such a relief!