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MCOL process question - defended claim

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  • MCOL process question - defended claim

    Good morning. I have brought a money claim against a retailer. They are defending the claim and we have both now submitted Directions Questionnaires. We've both agreed to mediation, but leaving that aside, my question is about a potential hearing. The DQ asks if we agree to a judge deciding the claim based on submitted papers only. At the moment, I have only submitted the online (and therefore brief) description of the claim to the court. The defendant has written a defence statement on their DQ. If I agree to a judge making a decision on papers alone, at what point can I submit a Particulars of Claim and associated evidence? I need to be able to provide the details of what I provided with my Letter Before Claim to the defendant and also rebut some inaccurate statements they have made since in their defence. A supplementary question is whether "written" submissions can include photographic and video evidence. Thank-you.
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  • #2
    If you've requested mediation on your DQ, then there is an opportunity to resolve the matter at that stage via a 'Mediation Hearing'. If it isn't resolved at that stage, then both parties has to provide a Witness Statement to the Court and other party. Then there is a Hearing. But you can still try to resolve the matter using letters marked 'Without Prejudice'.

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    • #3
      Thank-you. That's clear and helpful.

      Comment

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      SHORTCUTS


      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Directions Questionnaire



      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

      Defend Claim - within 28 days from Service (IF you acknowledged in time)

      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




      We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
      If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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