PCN for Camponile hotel - DCB Legal

Mut12345

https://forums.moneysavingexpert.com/discussion/comment/81877025#Comment_81877025

Hello,

Thank you for the advice,

With the witness statement is this the defence made earlier plus any extra evidence? And is it sent to the same courts email address?

I am really worried I don't get any response, on the advice of the contact centre I've already sent an "URGENT" email with evidence showing I had made every effort to change my address and have the court moved, but they didn't reply to either of my December emails. Also if they are to say the hearing date stands what should I do?

Coupon-mad

Please do the HMCTS complaint first. Within the hour. Today.

Google for HMCTS complaint.

Mut12345

https://forums.moneysavingexpert.com/discussion/comment/81877215#Comment_81877215

Hello,

So I have sent the complaint to HMCTS and they say they respond within 10 working days which is after my scheduled hearing on 18th Feb,

Just wondering how do I go about putting together the WS please? Also in your estimation is there little chance DCB legal still drop the hearing? Apparently they have paid the £27 or something for the hearing fee.

Regards

M

Gr1pr

If the fee was paid, then TCP want it to go to a hearing, so assume that it will happen

Study the newbies sticky thread in announcements regarding your WS plus Exhibits

Coupon-mad

TCP are a Claimant who do want DCB Legal to continue to hearings. We've seen this from them before.

So the hearing will happen unless you can find a working phone number for staff actually at St Helens Court (not a central call centre line) to stop it - and get angry about this treatment of a consumer!

Do some solid Googling to find a working number. There must be one. Maybe an old number that still works, or a number for law firms only, or applications or family cases. Use it!

Do what I advised, get your WS in anyway (by Wed lunchtime at the latest) with a covering email telling the St Helens court that you have complained to HMCTS and after endless calls and emails you are once again asking for the hearing to be vacated and the case moved to Swansea, where you live, in the interests of justice. Say that you didn't even get the Hearing Order and only found out from DCB Legal, and that your postal address is SWANSEA ADDRESS.

Was this claim 'signed off' on the back by Sarah Ensall?

If yes, copy & adapt a WS with Mazur v Speechlys (which you should know that you obviously need too if you've been keeping up with threads here - it's new case law from September).

My notes of good examples recently, include:

@maxim024

That one was a good WS with sub headings in a DCB Legal case, my notes say. And it included Mazur v Speechlys so you can work with that one. Adding your own facts instead.

The NEWBIES thread post 2 tells everyone which other exhibits to include.

Work on this tomorrow. Get it in to St Helens & cc in DCB Legal by Weds lunchtime, which is a week before, with the important covering email. Subject line:

URGENT - Claim no xxxxxxx - Formal Compliant and submission for the hearing on 18/2/26 which should be immediately vacated and moved to Swansea Court.

Mut12345

Thanks for your help @Coupon-mad I'm going to look through some other WS and draft one tonight and hopefully post here,

I'm in a bit of a precarious position though as I thought I had photos of the signs and the payment machine (which was locked up behind a closed reception at the time), however, i can't find anything on my phone 🤦🏻

It was pitch black and pelting it down with rain at the time so I might not have even been able to take photos, but obviously the hotel is miles away and I can't get back there to get any photos before next week.. What would you advise I should do ?

My defence was genuine that the signs were unclear in the dark /rainy night and that the only payment terminal was inside & inaccessible due to reception door being closed at the time of leaving which was around midnight.

Coupon-mad

Find some daylight images on Google Streetview and just go into detail about the pitch black, unlit site and the appalling weather, and point out that their photos are not taken in darkness (bet I'm right?) and it turns out that the only payment terminal was inside & inaccessible due to reception door being closed at the time (around midnight) so the contract was void for impossibility.

Mut12345

Hello, so to update I sent the witness statement, cover letter and complaints as you said.

I have had a reply from the complaints with the paperwork and telling me that it has actually been allocated on the small claims track for a telephone hearing,

I'm in work during the allocated time but might be able to do the hearing if its 30mins or less, could I email them to say I can only possibly attend the hearing and that I remain disadvantaged?

Coupon-mad

Yes, reply and say that.

But do answer your phone all day and keep it with you. It will firstly ring BEFORE they are ready, as the Court Usher will check both parties are present. This could even be an hour or two AFTER the stated time because hearings get delayed.

Ralph-y

bit late now ….. wish I had seen this earlier , I am localish to St Helens so could have printed off / hand delivered to the court …..