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#Post#: 74073--------------------------------------------------
Re: DCB Legal - UKPC - N1SDT now arrived
DIR By: b789
Date: May 31, 2025, 11:17 am
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Apparently, many cases are being transferred to St Helens as
telephone hearings. Not ideal, but they can do this as there is
no need for the defendant to travel away from their place of
work or residence.
However, as this is likely to be discontinued before the hearing
fee is paid, you may just want to email the following to St
Helens County Court at civil.sthelens.countycourt@justice.gov.uk
and CC in yourself:
--- Quote ---
> Hearing listed for: 20 August 2025 – Telephone Hearing at St
Helens
>
> Dear Sir,
>
> I write to formally object to the Notice of Allocation to the
Small Claims Track dated 29 May 2025, which lists a telephone
hearing to be conducted by St Helens County Court.
>
> On 28 April 2025, I contacted the Civil National Business
Centre (CNBC) by telephone and email regarding this matter. A
member of staff at the CNBC confirmed that the case should not
have been allocated to St Helens, and advised that they would
initiate action to transfer the case to my local hearing centre,
as the file had not yet been transferred at that time.
>
> Despite this, I have now received a hearing notice listing the
matter at St Helens for a telephone hearing. This directly
contradicts the earlier assurance and is procedurally unfair.
>
> I respectfully request that this matter be urgently reviewed
and that the hearing be:
>
> [indent]• Transferred to my local County Court hearing centre;
and
> • Heard in person, in line with the request made in my
Directions Questionnaire.[/indent]
>
> It would be wholly unjust to require me to submit an N244
application with a fee of £15, simply to correct what appears to
be an administrative oversight after the CNBC had accepted that
the listing was inappropriate.
>
> Legal Grounds:
>
> [indent]• Practice Direction 26, paragraph 3.1 confirms that
small claims hearings should normally take place at the
defendant’s local County Court hearing centre.
> • I clearly indicated on the Directions Questionnaire that I
requested a hearing in person. The phrase “in person” was
clearly intended to mean physically attending a courtroom, as
opposed to a remote hearing.[/indent]
>
> While I understand the court may argue that a telephone
hearing is “in person” in the legal sense, I submit that it is
not equivalent to a physical hearing. As a litigant-in-person, I
am disadvantaged by:
>
> [indent]• The lack of direct communication with the judge;
> • Inability to follow or challenge evidence effectively
without face-to-face interaction;
> • Potential technical issues or lack of a suitable environment
for attending a remote hearing.
> • The hearing involves factual disputes and the evaluation of
evidence, including possible witness statements and signage
photos, which are more effectively considered in a physical
courtroom setting.
> • Under CPR 1.1, the court is required to deal with cases
justly and at proportionate cost. Allowing a telephone hearing
in these circumstances fails to uphold this obligation. It
places me at a disadvantage and affords procedural convenience
to the Claimant’s professional representative, likely a bulk
issuer of claims.[/indent]
>
> I therefore ask that the listing be reviewed without requiring
a formal application or fee, and that the hearing be re-listed
as an in-person hearing at my local court.
>
> Please confirm receipt of this email and advise what action
will now be taken.
>
> Yours faithfully,
>
> [Your Full Name]
--- End Quote ---
Otherwise, you can try and submit an N244 application form.
Download the form here: N244 application form
HTML https://assets.publishing.service.gov.uk/media/65eb1c6b5b652445f6f21b01/N244_0622_save.pdf
It is not clear from the XE50 form whether the fee to amend an
order is the £15 or the full £313. If you want to do it this
way, I suggest you complete an N244 and pay the £15 to request
that the hearing is rescheduled to your local county court and
you include the following letter:
--- Quote ---
> Re: Claim Number [INSERT CLAIM NUMBER]
> Defendant: [Full Name]
>
> Application to vary Notice of Allocation dated 29 May 2025
>
> Dear Sir or Madam,
>
> Please find enclosed an N244 application to vary the Notice of
Allocation to the Small Claims Track, issued on 29 May 2025,
which lists a telephone hearing at St Helens County Court on 20
August 2025.
>
> I enclose the £15 court fee for an application to vary an
order, submitted under fee code FEE0458 as per the May 2025 EX50
schedule.
>
> Basis of Application:
>
> I respectfully request that the court vary the order so that
the hearing:
>
> [indent]• takes place in person (face-to-face); and
> • is transferred to the Defendant’s local hearing centre, in
accordance with Practice Direction 26, paragraph 3.1.[/indent]
>
> I had already contacted the Civil National Business Centre
(CNBC) on 28 April 2025, who acknowledged that the matter had
been erroneously routed to St Helens and undertook to have the
case listed locally, as the file had not yet transferred.
Despite this, the Notice of Allocation issued on 29 May now
lists a telephone hearing at St Helens and does not reflect the
earlier correspondence.
>
> On the use of fee code FEE0458 (£15):
>
> This is a request to vary a court order, specifically the
hearing format and location in the allocation notice. If the
court considers this falls outside the scope of FEE0458 and
requires a general application fee (£313) under code FEE0442, I
respectfully request:
>
> [indent]• that the court considers this matter under CPR
3.1(7) as a request to correct an administrative listing error;
and/or
> • that the court exercise discretion to deal with the matter
without requiring the Defendant to pay a disproportionate
application fee, particularly where the Defendant is a
litigant-in-person and has made reasonable attempts to resolve
the issue earlier.[/indent]
>
> Additional Grounds:
>
> [indent]• I clearly requested an in-person hearing on the
Directions Questionnaire.
> • I am a litigant-in-person, whereas the Claimant is likely a
represented bulk litigant.
> • A remote hearing would impair my ability to participate
fully and fairly, contrary to the Overriding Objective (CPR 1.1)
and CPR 3.1A.
> • This case involves factual disputes, and I believe that
justice would be better served through a physical hearing at my
local court.[/indent]
>
> Please confirm receipt of this request and advise whether the
matter will now be relisted locally.
>
> Yours faithfully,
>
> [Your Name]
--- End Quote ---
You can submit an N244 application by email to
civil.sthelens.countycourt@justice.gov.uk with the subject of
the email containing "URGENT" and the claim number.
This is what you need to fill in on the N244 if you go down this
route:
--- Quote ---
> Top section:
>
> Name of court: St Helens County Court
> Claim number: [Enter the claim number from your Notice of
Allocation]
> Claimant’s name: [As shown on the claim form]
> Defendant’s name: [Your full name]
> Date: [Today’s date]
>
> 1. Your name...
> Enter your full name
>
> 2. Are you a...
> Tick: Defendant
>
> 3. What order are you asking the court to make and why?
>
> [indent]“An order that the hearing listed for [insert hearing
date] be varied so that:
> (1) The hearing is listed as an in-person hearing rather than
a telephone hearing; and
> (2) The hearing is transferred from St Helens County Court to
the Defendant’s local hearing centre at [insert name of local
court], being the Defendant’s home court pursuant to PD26
paragraph 3.1.
> This application is made pursuant to CPR 3.1(7), the
Overriding Objective, and PD26 3.1. The defendant is a
litigant-in-person and reasonably expected an in-person hearing
at their local court. The original request was made clear in the
Directions Questionnaire. The current listing does not reflect
the agreement of the CNBC to transfer the file to the local
court before allocation occurred.”[/indent]
>
> 4. Have you attached a draft of the order?
> Tick: Yes (attach a typed one-page draft – I can provide this)
>
> 5. How do you want the application dealt with?
> Tick: without a hearing
> (unless you want a short telephone hearing to explain –
optional)
>
> 6. How long will the hearing take?
> If you ticked “at a hearing,” write:
> 0 hours, 15 minutes
> Is this agreed by all parties? Tick No
>
> 7. Any fixed trial date?
> Write: None
>
> 8. What level of judge?
> Write: District Judge
>
> 9. Who should be served?
> Write: The Claimant
>
> 9a. Service address (if known):
> Enter the address for service from the claim form (DCB Legal's
company address)
>
> 10. What information are you relying on?
> Tick: The attached witness statement
> If you prefer, tick "evidence set out in the box below" and
copy the summary from section 3 (I can supply a full text)
>
> 11. Vulnerable?
> Tick No unless applicable
>
> Statement of Truth:
> Tick: Applicant
>
> Sign and date
> Print your full name
>
> Page 5 (your address):
> Fill in your postal address, phone, and email
--- End Quote ---
#Post#: 74102--------------------------------------------------
Re: DCB Legal - UKPC - N1SDT now arrived
DIR By: Steelman
Date: May 31, 2025, 4:08 pm
---------------------------------------------------------
Thanks for updated advice, will give it some thought over
weekend on best option to proceed with. :)
#Post#: 74488--------------------------------------------------
Re: DCB Legal - UKPC - N1SDT now arrived
DIR By: Steelman
Date: June 3, 2025, 4:21 am
---------------------------------------------------------
Update I called court yesterday 02/06/25 to ask why no response
to my emails or my previous call, I didn't disclose I had
received letter confirming hearing date & time in St Helens.
They also said that due to copying in multiple emails that some
departments would think the others had dealt with it, and it may
not have been actioned, but they still had a few more days
within their timescale to respond to email?
They also basically stated judge had looked at case & decided St
Helens was where it was being heard, though they did say to try
and get an amendment via N244 but could not guarantee this would
be successful etc.
This was the route I decided to go down over the weekend.
This morning 03/06/25 I received an email from DCB saying their
client would settle for full and final settlement upon payment
of £100
I have not acknowledged this or made any contact with them as
per your previous advices etc.
So plan is to complete N244 and pay £15 and see how that goes, I
will await your further advice if this is still relevant after
reading the above.
Thanks again :)
#Post#: 74514--------------------------------------------------
Re: DCB Legal - UKPC - N1SDT now arrived
DIR By: b789
Date: June 3, 2025, 5:34 am
---------------------------------------------------------
DCB Legal offering to settle for a reduced amount is the usual
precursor to their discontinuing the claim. I would suggest you
save your £15 and just let it run its course to the inevitable
N259 NoD.
#Post#: 74721--------------------------------------------------
Re: DCB Legal - UKPC - N1SDT now arrived
DIR By: Steelman
Date: June 4, 2025, 6:39 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> DCB Legal offering to settle for a reduced amount is the usual
precursor to their discontinuing the claim. I would suggest you
save your £15 and just let it run its course to the inevitable
N259 NoD.
>
--- End Quote ---
Thanks for advice b789, just so as I'm 100% clear
Just leave things as they are with the court at St Helens and
hope that claimant backs down before hearing?
Thanks again :)
#Post#: 74745--------------------------------------------------
Re: DCB Legal - UKPC - N1SDT now arrived
DIR By: b789
Date: June 4, 2025, 8:32 am
---------------------------------------------------------
Yes. The St Helens hearing would be a telephone hearing if it
were to go ahead. Check the allocation order you received. Does
it mention anything about requiring to provide your contact
phone number a couple of days before the hearing date?
#Post#: 75492--------------------------------------------------
Re: DCB Legal - UKPC - N1SDT now arrived
DIR By: Steelman
Date: June 9, 2025, 5:00 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> Yes. The St Helens hearing would be a telephone hearing if it
were to go ahead. Check the allocation order you received. Does
it mention anything about requiring to provide your contact
phone number a couple of days before the hearing date?
>
--- End Quote ---
Morning b789, bullet point 3 on Notice of Allocation states.
3.Both parties must supply to the Court by 4.00pm two working
days before the hearingdate, by email/letter, the contact number
upon which they can be contacted. The email advising the court
of contact telephone numbers must state in the title the case
number and the date of the hearing.
Thanks :)
#Post#: 78449--------------------------------------------------
Re: DCB Legal - UKPC - N1SDT now arrived
DIR By: Steelman
Date: June 27, 2025, 5:45 am
---------------------------------------------------------
On Thursday 26/06/25 I found tucked away in my Spam folder an
email dated 23/06/25 from a DCB paralegal.
N279 Notice Of Discontinuance ;D
No comment or any text just the PDF attached.
Nothing updated on MCOL site as yet.
Big thanks to [member=26]b789[/member] for their assistance and
expertise in getting this result.
Stick with the guys and their advice as even though it takes a
while it comes good in the end.
Thanks again guys :)
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