Checking a county court claim form is real

[charitynjw]

Re: Checking a county court claim form is real

Have you received the Claimant's DQ yet?
If so, are they sending a witness to court?

[fidelandche]

Re: Checking a county court claim form is real

Not received the claimant's DQ yet, only have the defence DQ.

[charitynjw]

Re: Checking a county court claim form is real

Personally, I like to know the state of play before revealing my hand.
You could phone the court to find out when the latest date by which they are required to submit their DQ.
They also have to give you a copy.
That said, you do have to submit yours to court on time, with a copy to the Claimant's sols.

[fidelandche]

Re: Checking a county court claim form is real

So does it matter if we have a copy of their DQ? before submitting the letter requesting that my wife does not attend?? I'm guessing that the letter would be sent to our local court then?

[charitynjw]

Re: Checking a county court claim form is real

It would be handy to know whether they intend to send a representative to the hearing; their DQ will indicate that.
Your DQ will indicate likewise. (It will ask if your wife intends to send any witnesses, which includes herself, btw)

[fidelandche]

Re: Checking a county court claim form is real

So, when is it best to send off the letter to the court about her not attending? As the form needs to be sent off and if she is not attending, I need to make sure the form indicates this.

[charitynjw]

Re: Checking a county court claim form is real

Per your post above, your DQ does not have to be returned until the beginning of December.
Much can happen between now & then.
Personally I would contact the court (post #48) &/or wait for the Claimant's DQ.
Again, I would submit my DQ on time but not prematurely.
Have you & your wife definitely decided not to attend a hearing?

[fidelandche]

Re: Checking a county court claim form is real

My wife would not be able to attend due to her mental health, as for myself, I have not thought about it. It all depends on when the hearing would be as I would need to get time off work to attend. If I did attend or if no one attended, would the court need copies of the letters, which have been sent out?

[charitynjw]

Re: Checking a county court claim form is real

would the court need copies of the letters, which have been sent out?

Which letters, sent to whom?

[fidelandche]

Re: Checking a county court claim form is real

Sorry, the CCA letter and the other letter as set out in the first steps.

[charitynjw]

Re: Checking a county court claim form is real

In due course, then.
If the case continues, you can include them in your witness statement & document exchange, especially if you still haven't received compliant responses.
The witness statement etc. is normally due 14 days before the hearing (or otherwise per court's instructions).

[fidelandche]

Re: Checking a county court claim form is real

So, best course of action from here is to resend a copy of the CCA and then wait until near the end of November before sending the form off and maybe contact the court to see if they are going to send a witness?

[charitynjw]

Re: Checking a county court claim form is real

So, best course of action from here is to resend a copy of the CCA
I would. You do need proof that one has been sent.
and then wait until near the end of November before sending the form off
I would.
and maybe contact the court to see if they are going to send a witness?
You will only know this if they have filed their own DQ. It would be an advantage to know when their court-ordered deadline is.

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[fidelandche]

Re: Checking a county court claim form is real

what advantage would there be in knowing when their court ordered deadline is?

[charitynjw]

Re: Checking a county court claim form is real

If they have not complied with a court-ordered deadline, the court could apply sanctions.
It would depend on the seriousness of the breach, whether there is good reason, & the prejudice to the other party (ie your wife)
This, of course, will be up to the court to decide whether to do so & if so, which sanction(s) to apply.