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coolio_2

They did not give a reason, just stated that the claim I had had been dismissed by Judge XXXXX about 3 weeks ago. I did not miss a hearing, as the last correspondence I received was from that court about a week before this letter was dated stating that my claim had been transferred from one of my local courts to another. I had previously filled out my Allocation Questionnaire, as had TMO. In it, I had stated that I could not attend a case heard until the beginning of this month (a week after the dismissal was dated). So no letter giving a date, and would've conflicted with my availability anyway, so I don't think I missed a hearing.

I called the court a few days ago when I hadn't heard anything, and they said that all that was recorded since beginning of September, was relocation from one court to another, TMO allocation questionnaire being received, then mine, both within the allocated time, then the claim dismissed.

If my claim was invalid then anyone thinking of making a claim for the full contract should no longer take the advice of those in this thread, that advises them to do so. My claim was for the full amount.

Quentin

It sounds like this is some sort of admin problem.

If on receipt of both the claimant's and defendant's allocation forms the court were to decide no hearing was necessary, then both parties would be informed of this (via form N159). This would state that the judge intended to rule on the written evidence submitted, but would offer both parties the opportunity to object to this. Did you get this form? If so, did you reply to it? If you don't reply, then the court will take it that you accept that the case will be decided without a hearing.

The court always give the reason for a decision.

Or maybe they have simply mixed up your case number with an entirely different case altogether. Lost files regularly feature in county court proceedings, especially when cases have been transferred between different courts.

You can get in touch with the MCOL helpdesk (0845 6015935) who should help you get to the bottom of this.

(If your claim was as a result of them not paying you despite you submitting a valid claim, then you do have grounds for claiming the full amount owed under the contract. This is because of their fundamental breach of the contract. Did you claim that the breach was a fundamental one?)

coolio_2

No, I didn't get any correspondence. The dates between the relocated letter was sent, and this latest one was 10 days tops.

And yes, I mentioned fundamental breach of contract a few times. Just a bit shocked as I never got to really present my case as the original form was limited no of characters, and then the allocation questionnaire stated that full evidence should wait until asked for.

Quentin

This does sound as if they have made a mistake at the court.

Don't give up on it - contact the court which now holds the file, and explain everything to them, and ask them to investigate how and why the case is now "dismissed".

When they give you the result of the investigation you can then decide about an appeal.

coolio_2

Thanks, Im going to have to write a letter as my file has gone missing

nilocmac

Brenda have we sent in our final CB claim. I see I have a copy of a 5th letter but cant remember it being the 5th one..maybe it's because I haven't got the 4th cheque. I think I am confused..

jagnew_2

The_Cashback_Collector wrote: »

* * * IMPORTANT UPDATE - READ THIS FIRST * * *

quote]

Hi Guys
I'm in the same boat as many here. Received an e-mail stating my 1st claim was accepted but 60 days later still no payment and no replies to e-mails. I am going to go through te courts now.

What I need to know is... can I use the MCO site even if I live in Scotland?

Thanks
John

jagnew_2

The_Cashback_Collector wrote: »

* * * IMPORTANT UPDATE - READ THIS FIRST * * *

quote]

Can I use the MCO site as a way to file a claim if I stay in Scotland?

Thanks
John

Quentin

You need an English address for MCOL.

thesaint

Quentin wrote: »

You need an English address for MCOL.

You are much more 'Aux fait' with the MCOL goings on, but I thought that MCOL could be used by anyone taking action against a company in England and Wales?