DCB Legal - through to small claim. Help would be appreciated...

Gr1pr

Fill it in online,  or download the N180 pdf document,  fill it in and save it,  attach to your email,  2 destinations 

No posting it,  no scans , no pictures,  just a pdf submission 

Follow the 8 steps and the QR code email instructions you received in the post 

Coupon-mad

That question is already covered in the Announcement threads. All the DQ questions are covered. Go back to the 8 steps.

CLAW79

Hi all - after 6 months I've now gone through mediation and have finally been given a court date of 12 August. Unfortunately I have been assigned a date that is while I'm on holiday and is one of the dates I explicitly stated I could not attend on the N180 form.

The wording of the "Notice of Allocation to the Small Claims Track (Hearing)" letter suggests that I need to notify the court that I cannot attend, so the Judge will hear the case in my absence based on the evidence. Is this likely to be detrimental to the outcome? I mean not much I can do as I will be out of the country at the time.

Or is there a good chance it will be moved if I have given my availability and so this is an error in their scheduling?

thanks!

Gr1pr

I doubt that there will be a hearing on 12th August , DCB Legal and I Park are more likely to discontinue before the hearing fee deadline

What date is the hearing fee due ?

What deadline date is your WS due by. ?

CLAW79

All documents to be sent to all parties 21 calendar days before - so 22 July (I believe). Court fee is due 24 July.

I'm away on holiday so won't be able to do anything with this from 27 July - 14 Aug.

CLAW79

I'll contact the court to see if it can be rescheduled (as it's their mistake) and see what response I get.

Gr1pr

You can expect an N279 discontinuation document by email a few days before the 24th July

Sending them your completed WS before 22nd July will probably prompt them to discontinue

CLAW79

thanks - I'll try do that as early as possible.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82056922#Comment_82056922

Yes you should try that first by phoning the local court and not getting off the phone until they vacate that hearing date.

DO NOT accept being told to 'make an application'. Ask for the court manager if the clerk is difficult, and tell the court you'll escalate the complaint with HMCTS if they don't apologise for their error, and change it.

DCB Legal / I Park Services cases are likely discontinued anyway but you don't want to risk it.

CLAW79

So an interesting update.
Court pushed the date back a month, which was great - so thanks for your suggestion. However, this meant the deadlines for preparing my evidence for the hearing fell at a really busy period for me.

Separately I had been contacted by DCB Legal claiming they'd offer to 'settle out of court' for £120 - a reduction to their previous offer of £160. No deal. But I countered for £30 - thinking they'd just decline. They've actually come back today saying that they would accept £30 and drop the case.

1. I know most people on this forum will be shouting "don't do it" as they'll drop the case - but I'm going to be really time poor in August and so settling for £30 to avoid having to prep the papers is worth it to me (as this deadline is before the court fee deadline).

2. I think this supports the view that they were always going to drop the case before the hearing.