PDC - Property Debt Collection Claimform

[AndyOrch]

Well they only had to file it by the 22nd Jan (yesterday)....allow a few days for post...a lot of claimants dont even bother serving a copy of the DQ on defendants.

 

" Silly question I guess but given that we have entered a defence, would the court be able to enter judgement without a hearing considering we have documentation and paperwork to show their failings?"

No its not even been allocated to track yet...hence the DQs

[nervousneris]

Yeah, just spoken to the court and they said it is not unusual

- they (the court) are about a week behind so we don't know if they have complied or not.

 

However, we have been advised to write into the court and advise them of the failure/s to comply with the DQ being sent to us and also to include the failings with regards to complying with the SAR and also the s10 Cease notification (both are with the ICO at the moment).

 

They are complete incompetent idiots.

[AndyOrch]

Well leave that to the ICO...they are not connected to claim.....the court will know whether the claimant has failed to submit its DQ without you writing to tell them......and if so they will strike out their claim.

 

as per your post#49

 

So Notice of Allocation is next ...if they fail to submit DQ there will be no Notice of Allocation...just Notice the claim was struck out.

 

Therefore nothing for you to concern yourself with...except exercise a little patience:-)

[nervousneris]

First of all, fair comment re the "patience" lol.

 

The Court asked for us to write in, actually, just sent an email to the address they gave us.

The chap I spoke to said that it was a common problem and the court documentation is very clear in that they "must" follow the procedure too.

 

We were told to write in to complain as everyone who has this issue is being advised to now.

I guess the more complaints they get the court will pay attention to it.

 

It seems very underhand and somewhat unprofessional of these people to not follow procedure but be allowed to get away with it.

I guess that's why they are telling people to write in and complain.

Anyway, thanks.

[AndyOrch]

Complain about what ? What if they have already sent it and its the staffs fault..... as per your previous post........

 

" they (the court) are about a week behind so we don't know if they have complied or not "

[nervousneris]

We haven't received it Andy therefore that is what the complaint is about.

Nothing to do with the Court staff.

 

The letters sent out by the Courts clearly state "must" serve on all parties.

That's what the complaint is about. Not about the court or them receiving it or not etc...

 

The Claimants are apparently not serving it on the defendants (as you know) and the court staff told me they are not happy about it, so complain.

The more people that do the more it will be addressed.

Either way, it is a quick email and costs nothing for us.

 

The DQ should have been served on us by the 22nd Jan and the Court,

I don't know if the Court has received it yet but we haven't / or anything else requested from the idiots.

The Court paperwork is very clear so it should be followed to the letter by all parties.

[SuperVillain]

Don't get hung up on not receiving a copy of their DQ.

 

You filled in the document so you know the kind of information it asks for i.e. mostly procedural information to assist the Court and nothing of relevance to your Defence.

 

If you really want a copy, write to them and tell them they haven't served it on you, and ask them to send it to you.

 

A better use of your energy may be to begin preparing your witness statement. As a starting point, gather up all the documents you want to rely on and then note down a timeline of what happened, how the issues first arose, leading up to the issue of proceedings.

[AndyOrch]

The DQ should be submitted to the court by the 22nd...the claimant can if they wish serve you a copy anytime...no time limit is specified.

 

A stated above ...its irrelevant anyway as it wont tell you anything...what is important is they file it with the court by 22nd otherwise they get their claim struck out...thats all that is important to you.

[nervousneris]

Don't get hung up on not receiving a copy of their DQ.

 

You filled in the document so you know the kind of information it asks for i.e. mostly procedural information to assist the Court and nothing of relevance to your Defence.

 

If you really want a copy, write to them and tell them they haven't served it on you, and ask them to send it to you.

 

A better use of your energy may be to begin preparing your witness statement. As a starting point, gather up all the documents you want to rely on and then note down a timeline of what happened, how the issues first arose, leading up to the issue of proceedings.

 

I have all the paperwork. A statement is already written.

 

I’m not hung up on anything, I just believe that if a rule is here it should be followed. By all parties, as per the wording of the court document.

 

We’re well prepared for a hearing. Personally, I’m very happy to appear and give the account of their idiotic, deceitful and dishonest account of their failings.

 

We’re also raising a private Prosecution for harassment as well. Something that would normally be a Police Prosecution but the CPS won’t take it on.

 

Since my day as a Cop the CPS has got all PC. Might be a cost to us personally but it will make people think before doing this type of thing. Even if we lose, it’ll be worth it.

 

Our local councillor and press is also on side as well and we have another 22 residents with complaints and now a formal group against them.

[nervousneris]

Just as well we made the complaint to the court.

 

Just received a letter stating that the court failed to send a copy of the defence to the claimant.

 

The court has stated that they sent it to the claimant on the 25th January 18, 3 days after the cut off for the return of the directions questionnaire.

 

As yet the claimant hasn’t filed a DQ.

The court have apologised but I think a further letter needs to be sent to the court to get answers as to how this is allowed to happen.

 

Ever experienced this before?

[AndyOrch]

Not sending the claimant a copy of your defence is not grounds to not submit their DQ...the claimants themselves inform the court to issue DQs if they wish to proceed .

[nervousneris]

That’s what I thought but I wonder if it will make any difference?

 

I suspect not and the claimant will get away with not following procedure.

 

I’ve attached the main part of their response.

 

I think it’s gone up twice, I’m mobile so not able to use the system properly.

[AndyOrch]

Did not receive and did not send are two completely different matters....anyone can say they did not receive.....gains a few weeks breathing space.

 

Oh and its not the Notice of Allocation which is sent...that comes after DQs have been submitted...Its a Notice of Defence has been submitted along with a blank DQ.

 

CCBC Rules....

 

5.9.3 The CCBC shall enter a valid defence to the system. The CCBC shall then serve a copy of the defence on the Centre User, together with a notice in schedule format. Where the Centre User wishes to continue with the claim, he must respond to the court within 28 days after service of the defence on him: failure to do so within the time limit will result in the claim being stayed. Any application to remove the stay is ‘without notice’ with the appropriate fee and the application will be referred to a District Judge.

 

5.9.4 Where a claim has been defended, the claimant has 28 days from service of the defence to confirm that the claim should continue. The CCBC will then send a notice to all parties giving a date to which the Allocation Questionnaire should be filed with the CCBC.

 

5.9.5 The Centre User shall produce an Allocation Questionnaire to be returned to the CCBC with, if applicable, the court fee and response to the defence / counterclaim. The Centre User shall identify the appropriate local court to transfer the claim to on the Allocation Questionnaire as follows:  where the defendant is an individual, to the defendant’s local court  where the defendant is not an individual, and where the claimant is represented, transfer to the claimant’s representative’s local court  where the defendant is not an individual, and where the claimant is not represented, transfer to the claimant’s local court.

 

The CCBC will send a Notice of Transfer to all parties 5.9.6

 

Then a Notice of Allocation complete with Court Directions

 

Andy

[nervousneris]

I agree. Did not receive is just a way of buying more time.

 

Now is the interesting part though, how do we challenge this and push the court to follow their own documented procedure?

 

If we flip the coin, had it been us who did not comply I suspect the court would have issued by default.

 

Do you think ramming their own procedure down their throats is going to work or would you suggest another tactic?

 

Personally I want to write and tell the court that the claimant failed by default of the courts action protocols but there may be another way you may have suggested previously.

 

This case has been shambolic from the start 7 years ago when it was messed up by the claimant then.

 

We have 10 days to go back and question it and request a review so if anyone has any thoughts then we’d be grateful to hear them.

[AndyOrch]

I dont think there is much to be gained apart from turning the court against you...wrong but true.....I am simply pointing out the response you uploaded is self evident that the author is not aware of the correct procedure.

 

To satisfy a complaint you must know the procedure in the first place to identify any errors.

 

Wait and see if they submit a DQ ..if they do wait and see if they follow directions and comply...witness statements evidence and of course paying the hearing fee......a few more hurdles for them to comply with before you push for strike out.

[nervousneris]

Agreed. Perhaps it may be worth responding to the errors they have made and identify the response is flawed?

 

Though there is a certain amount of anger here on my part we have some time to consider a response.

[nervousneris]

The claimant has been sent an order to comply with the DQ by the 20th or it will be SO.

 

Well update again once we know what happens next.

[AndyOrch]

[nervousneris]

Claimant has filed DQ and heading for mediation. Not dealt with mediation before so not so sure what to say. Certainly won’t be admitting liability for anything. Any thoughts?

[andydd]

Ive had 2 lots of mediation..both bit pointless..the mediator phoned me and the claimant in turn and we both stuck to our guns and wouldnt budge so it went to court..sometimes its a clear black n white argument where there is no real compromise..but it does of course look good if you can budge a bit.

[nervousneris]

Mediation was supposed to take place on Monday 12th March. However, the mediation team haven’t been able to get hold of the claimant. Just wondering if this is a way to push for strike out given the horrendous lack of care the claimant has given. Any thoughts?

[AndyOrch]

No.....not participating in mediation is not a valid reason to make application to strike out

[nervousneris]

Isn’t mediation supposed to be something the court encourages to reduce costs and time etc? Surely it won’t look good on the claimant that they first of claim;

 

They didn’t receive the defence, it was served on them and the court by us;

Then they failed to submit their DQ on time and had to be reminded by the court;

Now they have failed to comply with the mediation service (which I know is voluntary but preferred by the court pre trial).

 

One thing after another and claimants can get away with being late and I suspect lying about not receiving the defence.

[AndyOrch]

All relevant points which you can raise when it actually gets in front of a judge.

[nervousneris]

Hearing date set and they’ve paid the heating fee. Date is 1st June. We have to disclose everything we wish to rely on, 14 days prior to the hearing. Assume the claimant has to as well? Court have advised they don’t??