DCBLegal + total car parks ltd - witness statement stage (submitted)

Castle

So, was there a separate notice of the actual hearing date?

ScammingIndustry

https://forums.moneysavingexpert.com/discussion/comment/81936739#Comment_81936739

Apologies, thought I had put all the scanned documents on. It was all in one letter.

Coupon-mad

So, if they definitely told you on the phone that they knew the status of the case was set for a hearing on 27th March, then they DID receive that Order.

Send exactly what I said in my last reply and put the cat amongst the pigeons!

Castle

Did they, (DCB Legal), take part in the mediation call?

ScammingIndustry

I am 100% sure they told me, just matter of combing through the calls.

I don't know if i am reading or interpreting this right on the court order.
"IF YOUR CLAIM HAS BEEN STRUCK OUT, IT WILL NO LONGER EXIST. THE HEARING WILL BE VACATED, UNLESS A COUNTER CLAIM SURVIVES BEING STRUCK OUT".

Surely hearing would only be vacated because there was no counter claim until now, or am i reading too much into it.

ScammingIndustry

https://forums.moneysavingexpert.com/discussion/comment/81936794#Comment_81936794

So I was not on the call with DCBLegal at the same time. I was on call with just the mediator and mediator asked for my side of the story (not sure why they want that to be honest). If i remember correctly, mediator said they will call DCBLegal with what I said and call me back.

Coupon-mad

No - that's correct but their application is begging to reverse everything because "we didn't receive the December notice".

But your evidence must tell the judge that they did because they confirmed to you (in a call, recorded by them) that the status of the case was that there was to be a hearing on 27th March.

That hearing is vacated but they want another go and want to avoid a hearing for this application. They want a busy judge to let them off and believe their story.

Put in a WS stating exactly what I said and finish by saying you think the court should order a hearing for this application (and to deal with the case, hearing it only if the application survives) because their phone call confirmed they MUST have had that December order.

The only reasonable conclusion is that the truth is they just hadn't read it properly, and had missed the WS deadline which was earlier than the usual '14 days before'. Yet that isn't what David Croot has stated under a SoT.

That's what you say ^^^

Attach your phone list of all incoming calls from DCB Legal, with dates, and ask the court to order a 2 hour hearing for both the application (and the claim but only if the application succeeds) and to order the witnesses to attend in person and the court should put DCB Legal's solicitor to proof of their recordings of all answered calls.

Coupon-mad

When did you get their WS & evidence?

ScammingIndustry

I got their witness statement and evidence yesterday along with N244.

Another point which may be good to mention is. DCBLegal received my witness statement promptly thus their system or administrators would be aware that they have received my witness statement. Moreover, after rejecting their offers (on call) they would tell me to follow the court order in post.

Car1980

Worth bearing in mind that these are bulk litigators. Therefore the amount of daily court post and filing no doubt increases the chances that they would mislay a letter, if not a small percentage each year by the very nature of their operation.

I would also send a copy of your WS to Total Car Parks directly. They probably don't even know their litigator has lost paperwork and they are trying to cover their incompetence 😂