Small Claims Court guide

newuser_123

Hi, could someone advise me please?
I expect a small claims court claim to be raised against me but not sure when exactly this will be done. I understand that I'll receive the doc by 1st class post and will have 14 days to respond, however, I will be travelling for a few weeks.

What happens in this case? do they count 14 days from the date of posting the docs or receipt? if receipt, then is this just from the date it landed in my letterbox and I risk losing by default if I don't come back on time?

MovingForwards

newuser_123 said:

Hi, could someone advise me please?
I expect a small claims court claim to be raised against me but not sure when exactly this will be done. I understand that I'll receive the doc by 1st class post and will have 14 days to respond, however, I will be travelling for a few weeks.

What happens in this case? do they count 14 days from the date of posting the docs or receipt? if receipt, then is this just from the date it landed in my letterbox and I risk losing by default if I don't come back on time?

2nd business day after posting it's deemed served on you. You have 14 days from that date to file an acknowledgment of service or a defence. If you file an AoS you get a further 14 days, so 28 days from when they're deemed served.

If you do neither of the above they can apply for a default judgement.

If you file an AoS but no defence, they can apply for a DJ.

If anyone is keeping an eye on your post, ask them to send a photo so you can deal with it while away.

Jenni_D

A peculiarity of the court system is that it allows 5 days for service, and 14 days thereafter for filing the AoS. (Then a further 14 days for filing a defence). The start date is the claim filing date. Remember that it is the County Court Business Centre (CCBC)* that sends out the claim pack, not the claimant themselves.

Other than this, the rest of the above reply is correct.

* Assuming a claim is filed in England or Wales.

newuser_123

MovingForwards said:

newuser_123 said:

Hi, could someone advise me please?
I expect a small claims court claim to be raised against me but not sure when exactly this will be done. I understand that I'll receive the doc by 1st class post and will have 14 days to respond, however, I will be travelling for a few weeks.

What happens in this case? do they count 14 days from the date of posting the docs or receipt? if receipt, then is this just from the date it landed in my letterbox and I risk losing by default if I don't come back on time?

2nd business day after posting it's deemed served on you. You have 14 days from that date to file an acknowledgment of service or a defence. If you file an AoS you get a further 14 days, so 28 days from when they're deemed served.

If you do neither of the above they can apply for a default judgement.

If you file an AoS but no defence, they can apply for a DJ.

If anyone is keeping an eye on your post, ask them to send a photo so you can deal with it while away.

Thank you so much @MovingFor@MovingForwards , it's very helpful. 
One more please - I am certainly going to defend it. Do I have to respond by post or online? If by post, how do they count response time?
Am I correct that I won't receive any notification by email at all?

newuser_123

Thanks a lot @Jenny_D What does it mean re 5 days for service please? do MCOL have to post the documents to me in 5 days since the claim was raised? I'm in England In the worst-case scenario if I'm late to pick up my post, is there still some room for maneuver?

Jenni_D

It means that the papers must arrive at your address within 5 days of the claim date specified on the papers - the clocks all start based on the claim date (which is not necessarily the same as the date the claimant files the claim with Moneyclaim Online [MCOL] - the claim date is the date that the CCBC process the claim and issue it).

newuser_123

Thank you @Jenni_D

MovingForwards

newuser_123 said:

MovingForwards said:

newuser_123 said:

Hi, could someone advise me please?
I expect a small claims court claim to be raised against me but not sure when exactly this will be done. I understand that I'll receive the doc by 1st class post and will have 14 days to respond, however, I will be travelling for a few weeks.

What happens in this case? do they count 14 days from the date of posting the docs or receipt? if receipt, then is this just from the date it landed in my letterbox and I risk losing by default if I don't come back on time?

2nd business day after posting it's deemed served on you. You have 14 days from that date to file an acknowledgment of service or a defence. If you file an AoS you get a further 14 days, so 28 days from when they're deemed served.

If you do neither of the above they can apply for a default judgement.

If you file an AoS but no defence, they can apply for a DJ.

If anyone is keeping an eye on your post, ask them to send a photo so you can deal with it while away.

Thank you so much @MovingFor@MovingForwards , it's very helpful. 
One more please - I am certainly going to defend it. Do I have to respond by post or online? If by post, how do they count response time?
Am I correct that I won't receive any notification by email at all?

I've never used MCOL, perhaps @Jenni_D is best places to answer that.

Jenni_D

When you receive the claim form there should be a login defined on it (or an accompanying letter) that will allow you to login to MCOL. You can do everything online ... AoS, submit defence (via email to CCBC), file the N180 defence questionnaire (via email to CCBC), submit witness statement and evidence (via email to the selected court).

See this post (and the linked therein NEWBIES FAQ post) in the Parking board for a better understanding of the court process, and the 12 steps.

newuser_123

@Jenni_D that's brilliant and super helpful, thanks a million!