Idiot I know (I paid up), but court claim form issued

[Deleted User]

Assuming PoC are eventually served, I cannot stress strongly enough that if the delay is significant you should be writing to the claimant and telling them to apply for relief from sanction.

Read:. Denton v TH White and Viridor Waste v Veolia Environmental on this point - the former for the correct legal test and the latter on reasonableness when deciding whether to "take the point".

ro80rob

OK

Just been onto the MCOL website to check we remembered the password correctly and re-check the part done paperwork.
I found I had no 'response forms' available, except for the part done defence form, for which I could only select a button marked 'delete'.
I then note in a box at the top left of the page titled 'claim history', which states as the last and 3rd entry....

'Notification that the claim against you was settled was received on 17/10/2017 at 19:18:26'

Does this mean that everything is now ended with this matter and it is no longer proceeding? Shouldn't they have sent something in the post? It was only by chance I went online and found this comment, if it means what I think it does.

Cheers... Rob.

Coupon-mad

Notification that the claim against you was settled was received on 17/10/2017 at 19:18:26

Sounds like it. How odd that they didn't tell you.

Take a screenshot and email CEL to ask for confirmation (their email is on the back of any PCN, if you don't have yours, do a Google images search for one, there are loads posted on forums).

This will be because you actually paid them a silly amount of money - groan...

ro80rob

OK

Now I am confused.

Firstly, I cannot find anywhere an email address for CEL, except the one they are using to drum up new business i.e 'Have you got a car park that needs managed ??'
That doesn't seem like the right place to ask.

Secondly, see my previous post about the use of the word 'settled' and a date (17/10/17) from the MCOL website

Thirdly, the fact that I could not edit my defense forms (in fact no forms were available to me anymore)

Fourthly, I can no longer login to the MCOL site. I have my Govt Gateway ID Number, and I try my password that I know, and it doesn't recognise me. Is this because the case is settled and closed ?
Also if I try and select 'forgotton password' it asks me for an MCOL customer number too. What is that?

Fifth and finally, CEL have sent through the 'particulars' (arrived today, but dated 11/Oct/17, which is before the 'settled' date above) and their claim for the full amount. I've not seen their letter in person but had it read to me over the phone. It sounded very like ones I've seen on the web. However, what do I do now. It seems we should fill in a written defense and post the lot off anyway, since I can't get online.

I have fired off a questioning email to the MCOL email help service ([EMAIL="ccbc@hmcts.gsi.gov.uk"]ccbc@hmcts.gsi.gov.uk[/EMAIL]) asking for direction too.

I just wonder.
If this lot were organising a brewery trip, you'd be asking yourself seriously if you should be going on it.

Any ideas ?....... Rob.

safarmuk

If this lot were organising a brewery trip, you'd be asking yourself seriously if you should be going on it.

Haha, quite. As I have said before on another thread this is not "high end" litigation your are facing.

Remember a lot of the paperwork gets spat out automatically, there is no check or measure against whether it goes out or not - think factory line.

We have seen a case lost because no WS was submitted by the Claimant only for it to turn up on the Defendents door step two days after the case was heard and dismissed.

So you are doing the right thing, contact the courts and find out what the status of this claim is, if it is discontinued, get evidence of that from both the courts and CEL. Be wary and stay on top of this until you have absolute confirmation. Let us know what the court says.

ro80rob

OK

I think I am going to send in hard copies (recorded post) to the court, or maybe I could email scanned .pdfs to the address [EMAIL="ccbcaq@hmcts.gsi.gov.uk"]ccbcaq@hmcts.gsi.gov.uk[/EMAIL]

I will have to write to CEL with a printout of the info (fortunately when I was able to get into the MCOL site the other day, I .pdf'd the case page). I'd better include a stamped, self addressed envelope to try and expedite the info (tho experience so far would suggest I am being overly optimistic on that count).

Cheers.... Rob.

ro80rob

BTW

The auto response email from MCOL says there can be upto 15 working days for a response.

Isn't that just grand.

They suggest you email them as the phone lines are busy. I guess you have to hang on the phone for more than 15 days to get an answer ?

.... Rob.

safarmuk

If you have time I would phone them if I were you - get piece of mind ahead of the weekend, it's unlikely you will be on hold for 15 days so it may be quicker than the email response.

ro80rob

Update

I missed the opportunity to phone MCOL to check out the length of the phone queue. Had to take a work break.
So I compiled a single .pdf containing the N9B defence form and the written defence. I beefed up the opening comment with most of Coupon-mad's suggestion including the 'intimidated' wording which had certainly focussed my wifes thinking.
I also took the opportunity to ask if, as I suspect' this action is concluded and that if that was the case, would they be so good as to confirm that.

There is still no word from CEL.

I got an ancknowledgement email back saying there was a potential 10 day response time.

I note that I can now access the MCOL website again. I guess it must have been a maintenance outage or something.
Anyway, panic over on that front.

More news if/when I get it......

Rob.

ro80rob

Update

Just got a reply today (yes 12/11/17, which is a Sunday!), telling me that the case is settled and no further action is required on our part.

I originally posted my question on 27th October.

It seems they were reasonably accurate. It does take ~15 working days to get an email response.

Me thinks that if I should need to contact MCOL in the future (heaven forbid), I should definitely ring up!

Once again, thanks for all the help, advice and support this forum has given me.

I realise that I didn't go through with the full procedure but if you've read my thread to this point, you will know why that is.

If it had been down to me (as in I was directly on the recieving end of the claim), I would have taken it to the wire and am confident with the help available here, would have won through.

Hope for the best, expect the worst and take what comes!

Cheers... Rob.