DCB legal claim form

Gr1pr

I never mentioned those, because they are always required, my point was that the one liner SoT you posted earlier was binned over 5 years ago, and that new 3 liner replaced it

I never mentioned anything else in your draft

Sparky1056

https://forums.moneysavingexpert.com/discussion/comment/82045545#Comment_82045545

So this correct one? It’s copied from jackr1’s? It was also the same as in my redrafted WS posted earlier tonight, apart from the 2 line spacing

Gr1pr

This is what you posted at 8.56pm

STATEMENT OF TRUTH

I believe that the facts stated in this witness statement are true.

That 12 word statement was retired during the pandemic, so I have no idea why you posted it nearly 2 hours ago

The one in the JackR1 statement is correct, 3 lines, 40 to 50 words

Personally I don't understand why people have started using a defunct SoT recently

apart from that topic, I made no comments about the rest of your draft

But the document definitely must be signed and dated at the end, after the longer SoT, regardless , otherwise its inadmissible in court

Coupon-mad

That's a really good WS now!

There's a LOT of repetition though, so go through it & hack out all the repeated stuff about '£5.50/£2.50' (it only needs saying once!) and the remove the conclusion. Not needed.

Remove this because parties are not allowed to talk about offers made during litigation & mediation:

"Upon becoming aware of the alleged tariff difference, the Defendant took proactive steps to resolve the matter.

1. The Defendant offered to pay the alleged shortfall of £3.00, being the difference between the amount paid (£2.50) and the amount the Claimant alleges was payable (£5.50).
2. This offer was made during mediation and was also repeated on multiple occasions during telephone conversations with the Claimant’s solicitors, DCB Legal.
3. The Defendant recalls offering to pay the alleged shortfall on at least three separate occasions when contacted by DCB Legal, in addition to discussions during mediation."

Sparky1056

Brill, I’ve done as suggested and sent off to the court and DCB.

Still no WS from DCB, the court directions letter says it must be sent to each party and the court. If they don’t send by the deadline 26th does this mean it will get thrown out?

Gr1pr

Not necessarily, they may come up with excuses for a late WS ( there is far too much leeway in small claims. )

HOWEVER, if it gets to a hearing, you would bring it up as a preliminary matter

The judge decides if the case is dismissed or not

Coupon-mad

As long as you emailed your WS to DCB Legal (not 'Ltd') then that should give them a push to send you the NoD that we need to see please!

Le_Kirk

Witness statement are written in the first person, so not "the defendant" but "I"

Sparky1056

NoD received today, no WS submitted from DCB and court fee due Friday. N279 attached.

Thanks for all the information and advice, I have another case with CEL so will use all I’ve learned here to hopefully earn another N279 to my collection 😀

Thanks again!

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82061289#Comment_82061289

Yay, as expected but at last, you won - congrats!

ANOTHER ONE BITES THE DUST!

Calling @Umkomaas

😅