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MCOL defence missing

2

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  • Gr1pr
    Gr1pr Posts: 12,201 Forumite
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    Post a copy of the MCOL claim history below,  if possible 

    But as long as the CNBC logged it, you are waiting for developments,  so follow the 8 steps in the defence template thread 
  • Thank you for the help on this one so far. The defence was eventually logged. We submitted the DQ a few months ago, copying in ECP, but did not receive a copy of theirs. I assume they should have done this? 

    We have also just received a letter for the hearing date for the 15th April.

     I am a little confused by the two deadlines for the defendant, namely 24th Feb for ‘all documents to be relied upon’ and 10th March for the witness statement. Does the witness statement not count as a document that is relied on?

    Should we be filling any evidence and WS now, or as late as possible?

    My wife (the actual defendant) is also pregnant, and the hearing date falls two weeks after our due date, there is a real risk we might not be able to make the hearing, do we just automatically ‘lose’ if this happens? It will be the last thing on our minds. 
  • ChirpyChicken
    ChirpyChicken Posts: 2,939 Forumite
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    i will suggest they will discontinue before WS needed so wait
  • I’ve summarised them:
    27th Jan: DCBL submit reply to defence including details of claim 
    3rd Feb: DCBL submit documents to be relied on (but not WS?)
    24th Feb: we submit documents to be relied on (but not WS?)
    10th March: DCBL and us submit witness statements
    18th March: DCBL pay trial fee
    8th April (hearing -7 days): DCBL submit ‘paper bundle’
    15th April: hearing

    Seems a bit silly to me, and I don’t really understand all the differences. Appreciate the advice on waiting, although I don’t think DCB legal have ever emailed my wife (eg their DQ) so not sure they’d start now. Annoyingly the submission for 27th Jan deadline doesn’t instruct DCBL to copy us in (para 7 on the photos) but the others do, does this make a difference?
  • Coupon-mad
    Coupon-mad Posts: 159,274 Forumite
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    edited 14 January at 4:05PM
    The judge has staggered the dates so you can see their evidence first. And this judge probably knows their propensity to discontinue. So just wait until February.

    Canny judge!
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  • Gr1pr
    Gr1pr Posts: 12,201 Forumite
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    Seems a bit silly to me, and I don’t really understand all the differences. Appreciate the advice on waiting,

    although I don’t think DCB legal have ever emailed my wife (eg their DQ) so not sure they’d start now.

     
    We are very,  very sure that they will email her,  before the hearing fee is due,  or earlier  !
  • kryten3000
    kryten3000 Posts: 978 Forumite
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    DCB Legal might try to obtain a settlement by making an offer of as low as £60 but you can ignore that.
    If they try calling, refuse to speak to them and block their number.

    Love the staggered deadlines, more judges should do this :)
    Always remember to abide by Space Corps Directive 39436175880932/B:
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  • Gr1pr
    Gr1pr Posts: 12,201 Forumite
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    Great stuff,  another one for the thread of shame by @Umkomaas
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