Claim against client that country hops

[Desperate Daniella]

Thank you, The Mould.

 

I shall suggest to my daughter that she uses Godzilla for awesome.

 

A very Happy New Year to you too.

 

DDxx

[sequenci]

Thank you Mr Mould - and to you and yours

[Desperate Daniella]

Hi everyone, and Happy New Year!

 

I'd like your thoughts please.

 

The system at CCMCC is running way behind because of the holidays and they are only today processing anything they received on 20th December.

 

The deadline for filing the DQs was 30th December and the backlog probably means that if she sent in her DQ by the deadline it won't appear on the system until next Tuesday.

 

However, she didn't send me a copy of her DQ by 30th December - Monday - as ordered, and we don't have any problems with the post as far as I can see.

 

I sent in the Reply to Defence with my DQ and the letter asking for a judge to see the file as she hadn't put in a proper Defence. That is not on the system yet although CCMCC received it on the 23rd (signed for), so think it should be on by tomorrow.

 

The girl I spoke to today suggested that I could email them pointing out that she has not sent me a copy of her DQ so has failed to comply with the order.

 

Do you think I should do this? Or in light of the letter asking for the file to be put before the Judge, is it over-egging the pudding?

 

DD

[Ganymede]

You can do but probably all the Court will do is just send an Unless Order to the Defendant to file and serve the DQ.

[Desperate Daniella]

Hi Ganymede,

 

Thank you. I know they won't strike it out, or anything like that, but if I do let them know that she hasn't sent me her copy, does it just add to the picture of her being flaky?

 

She has never replied to anything I sent until the very last minute - LBA, etc., - and she is doing the same with the Court; emailing the Defence without a signed statement of truth on the last day but one of the deadline, and just getting it in on the last day. The DQs were sent out on the 12th December. I got mine on the 14th and she probably did too. Bearing in mind she had only to fill in the DQ and send it straight back it appears she is running true to form - everything done as late as possible to drag things out for as long as possible.

 

DD

[Mike_hawk]

I'd bubble her, not much relief from sanctions to be had for tardiness since the reforms started kicking in last year

[mjt2013]

Bubble?

[Mike_hawk]

Bubble?

 

Grass

[Desperate Daniella]

Thank you.

 

It's now well overdue and I'm just going to send a simple email to the Court saying that she has not sent me a copy of her DQ, and I'll ask politely if they could send me a copy.

 

DD

[Desperate Daniella]

As expected she's been given another 10 days to provide her DQ but I'm glad I wrote to them because it just backs up what I have said about her ignoring letters or answering on the very last day of a deadline, just as she did with her Defence.

 

What is more worrying is that when I spoke to CCMCC yesterday they confirmed that my DQ was on the system but there was no mention at all of the letter I sent with it asking for the file to be put before a judge because the Defence didn't properly reply to the Claim. The lady I spoke to said I should email it which I have done, but do they actually get judges to look at files at CCMCC? When the local Courts dealt with money claims you could just drop in with a letter like this and they would deal with it on the day. It was just so much easier.

[Desperate Daniella]

Just another thought for all you legal experts:

 

(Not to do with this thread.)

 

I've noticed on several CAG threads that where caggers have not got their defences/acknowledgments in on time a judgment seems to go through the very next day. These are usually cases where someone is dealing with a solicitor on behalf of Lowells or another DCA. How are they managing to do this? Presumably they have to go through CCMCC and CCMCC work on a five day processing deadline. Do solicitors get priority over LiPs?

[Mike_hawk]

Just another thought for all you legal experts:

 

(Not to do with this thread.)

 

I've noticed on several CAG threads that where caggers have not got their defences/acknowledgments in on time a judgment seems to go through the very next day. These are usually cases where someone is dealing with a solicitor on behalf of Lowells or another DCA. How are they managing to do this? Presumably they have to go through CCMCC and CCMCC work on a five day processing deadline. Do solicitors get priority over LiPs?

 

 

Nope, they view slightly different data to the likes of us on their MCOL accounts and automate much of the process....... I think I read somewhere that Lowells, AG etc have circa 10,000 cases each on the go at any one time so it would be difficult [and costly] to manage effectively without some automation.

[Desperate Daniella]

Thank you.

 

Good Lord!

[Desperate Daniella]

Hi everyone,

 

Just a little update.

 

Does this woman ever stop messing around? She finally sent in her DQ and completed the form saying she wanted to try mediation and she would "try and make [herself] available." When the mediator called her this morning she said she had ticked the box by accident (and filled in the entire form by accident???) and doesn't want to try mediation.

 

More delaying tactics?

 

The Court informed me the file was going into a DJ on the 9th but from other threads I can see that it can take several weeks before you get a response. I'll update as soon as I hear anything.

 

DD

[Mike_hawk]

Hi everyone,

 

Just a little update.

 

Does this woman ever stop messing around? She finally sent in her DQ and completed the form saying she wanted to try mediation and she would "try and make [herself] available." When the mediator called her this morning she said she had ticked the box by accident (and filled in the entire form by accident???) and doesn't want to try mediation.

 

More delaying tactics?

 

The Court informed me the file was going into a DJ on the 9th but from other threads I can see that it can take several weeks before you get a response. I'll update as soon as I hear anything.

 

DD

 

Not really helping herself is she.....

 

Won't do you any harm to include reference to it within your w/s when the time comes at trial. Costs are very limited on the sct so her conduct may yet prove useful to you.

[Desperate Daniella]

Hi Mike,

 

I hope that a judge will pick up on all of this. The girl who phoned about mediation seemed to get it.

 

Do you know how the CCMCC actually works? I'm very confused.

 

Everything has to be sent to Salford, but it comes under Northampton County Court. Where is the actual file? If something arrives by post where does it go? If something arrives by email how and when does it go on the file?

 

If the file was sent in to a DJ 10 days ago, how will it get updated if it is a paper file and he's in Northampton and the post goes to Salford?

 

It was so much simpler when claims were dealt with through the local courts.

 

DD

[Ganymede]

All the post goes to Salford and there are Judges sitting there to deal with requests for judgment and allocation etc.

 

It's all processed under the name "Northampton CCMCC but done in Salford.

[Desperate Daniella]

Thank you for explaining that, Ganymede.

 

I had visions of papers flying all over the place!

[Mike_hawk]

 

I had visions of papers flying all over the place!

 

They probably do

 

Just received a notice today which was apparently drafted on the 6th Jan but didn't get posted until the 20th......... me thinks my allocation fee may be with it later than its expectation of the 23rd!

[Desperate Daniella]

Oh dear. That's really down to them and you have the envelope to prove it!

 

It's clear there is now a 10 working day turnaround. By the time they get it back to five days it'll be Christmas again!

 

I can't believe this system makes things flow more easily. It was always very relaxed and laid back at my local court when they did money claims. They never seemed to be too busy or rushed off their feet. Maybe some courts were overwhelmed but I would think lumping the whole lot through Salford has certainly made it slower for many people than using their local court would ever be.

[citizenB]

Oh dear. That's really down to them and you have the envelope to prove it!

 

It's clear there is now a 10 working day turnaround. By the time they get it back to five days it'll be Christmas again!

 

I can't believe this system makes things flow more easily. It was always very relaxed and laid back at my local court when they did money claims. They never seemed to be too busy or rushed off their feet. Maybe some courts were overwhelmed but I would think lumping the whole lot through Salford has certainly made it slower for many people than using their local court would ever be.

 

I imagine that it is only the amount of litigation that the debt industry has brought to the courts that required the need for automation, DD.

 

 

It's clear there is now a 10 working day turnaround. By the time they get it back to five days it'll be Christmas again!

 

They will use any excuse.. they were running 10 days behind with administration around the middle of last year.. so which Christmas were they blaming for that !!

[Desperate Daniella]

I'm sure you are right about the amount of litigation.

 

Last year's delays must have been down to Christmas 2010 I would think!

 

Have you looked at the Salford website? They even have a section on how to deal with stress - probably the stress they are causing because it all takes so long!

[Desperate Daniella]

Hi,

 

As you know I wrote to Salford asking for the file to be put before the judge and was told it was going in on the 9th.

 

This morning I have just received an Order saying the claim is being transferred to Central London CC for Directions. Does this mean my file hasn't been looked at yet?

 

In my DQ I requested my local court and she suggested my local county court too (which was surprising). The Order says that "the Defendant" can make an application for a transfer to her home court which is in fact Central London CC. But we both requested the other court. She doesn't need to make an application.

 

It does make you wonder if they actually read the papers.

 

There is no reference to my letter. If ever I have sent similar letters to my local court they have always replied. Should I expect a reply from Salford? Or will the whole thing including my letter now be dealt with at Central London?

 

Any thoughts?

 

DD

[steampowered]

Now that the case has gone to CLCC you need to write to there not to Salford.

 

The unfortunate reality is that Salford is understaffed. A lot of local courts are also understaffed these days. The Department of Justice has had extremely heavy budget cuts over the past few years. It is one of the Departments that has suffered from disproportionate cuts in order to allow the government to reduce overall public spending while ringfencing the NHS budget.

 

The general rule is that claims automatically go to the Defendant's local court. Anything else is completely at the choice of the Defendant only. See CPR 26.2A -

(3) Subject to paragraph (5), if the defendant is an individual and the claim is for a specified sum of money, the court will, at the relevant time, transfer the claim to the defendant’s home court (save that where there are two or more defendants, one or more of whom are individuals, the court will transfer the claim to the home court of the defendant who first files his defence) ...

(5) If a defendant under paragraph (3) ... has specified a court other than the preferred court on their directions questionnaire, the court will transfer the claim to that court.

[Mike_hawk]

Does seem to happen with some regularity, there's a couple of current cases on here that have been transferred to Kings Lynn where neither party have any relationship with that area of the country and could hardly be considered home court to any of the parties listed.

 

I had one last summer that was transferred out to Chester, I was the closest at 268 miles south east....... 3 telephone calls, 1 letter to the court manager [ignored] and 5 emails later it was finally transferred to the correct court.