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Coupon-mad

I. Do I just need to write the letter to the court asking for the claim to be struck due to the fact that Particulars of Claims have not been provided to me within 14 days?

Only once you are past 14 days plus service, which you aren't yet.

NotSoLuckyLuke

Hello Everyone

The Claim Form was sent to me on the 01/12/17.

It's is 15th of December and I still have not received detailed Particulars of Claim. I would like to write to The Small Claims Court and the Claimant, as recommended by Johnersh.

Or do I need to wait until 20/12/17?

Do I need to write a normal letter to them or do I need to use the Claim Form and send it back to the Court and a normal letter to the Claimant?


Can I write something like this:

(Date)

(address here)


Claim number: xxxxxx

Claimant: xxxxxx
Defendant: xxxxxx




Dear Sir/Madam,

further to the claim form received on 01/12/17, the claimant promised to send the detailed Particulars of Claim. I have still not received these documents. The claimant has failed to comply with regulation stating:
7.4
(1) Particulars of claim must –
(a) be contained in or served with the claim form; or
(b) subject to paragraph (2) be served on the defendant by the claimant within 14 days after service of the claim form.
(2) Particulars of claim must be served on the defendant no later than the latest time for serving a claim form.

I am requesting the case be struck out, as I am unable to lodge a defence for want of the Particulars and in accordance with the CPR.


Yours Faithfully,


(Sign Name here)

Thank you in advance

[Deleted User]

The day it arrived with you is more-or-less irrelevant here.

1. Look at the date on the sealed claim form.
2. Add 5 days (deemed service for MCOL)
3. Add 14 days (because the claim form says full PoC to follow)

If you've waited that long and still had nothing, then it's late. I suspect you're not quite there yet, but only you can check these dates with the documents in front of you.

NotSoLuckyLuke

Hello All

I have a bit of update to this case:

I had followed the advice given by Johnresh and on the 20/12/2017 I sent a letter to Money Claims Online County Court Bulk Centre as per thread #43.

I received a letter dated 29/12/2017 from the HM Courts & Tribunals Service Money Claim Online & county Court Business Centre:

"Thank you for your recent enquiry.
Please be advised that a Judgment has been entered against you on 28 December 2017.
If you think that a Judgment has been entered against you incorrectly you can apply to set the Judgment aside using the N1244 'Application Notice'. Please read this letter and the enclosed notes thoroughly before Rending the application to the court as incorrectly completed applications will be returned to you.
Electronic versions of all forms referred to in this letter e.g. N244 'Application Notice', are available to download at www,justice,gov.uk/forms, When returning your application please provide one copy of the application for each defendant, a copy for the claimant and a copy for the court. Please note, an application to set the Judgment aside is not automatically granted. The outcome of your application is at the discretion of a Deputy District Judge or a court appointed Legal Advisor.
There is a £255.00 court fee to process the application, payable by cheque or postal order to HMCTS or by card by calling the Helpdesk between 9am and 31 Sprri. If you cannot afford to pay this fee you can check if you are eligible for help with court fees by referring to the EXi 60 Help with fees form and EX160A Help with fees guidance. You can also apply for 'Help with Fees' online. To do this you will firstly need to log into https://www.goviukiget-help-with-court-fees, You will then need to follow the on screen instructions inputting your name, address, NI number, etc. Once you have completed the online form you will be given an 'HwF reference number, you will need to clearly note this an your application forrn(s), Please note that the online process will only generate an 'HwF' reference number and will not tell you whether or not you are actually eligible for Help with Fees.
If you have already paid the application fee you can file the completed forms via email at ccbcfeesehmcts.gsi.gov.uk,
If you require any further information please contact our helpdesk on the number above or you can email us at ccbc hmcts.gsi.gov_uk;Please ensure that you state your case number in the subject heading of the email. You may also find it useful to visit the frequently asked questions (FAO's) section of our website. To locate this page you should go to https://www.justice.gov.uk and search for 'CCBC'. "

There is letter which I sent to the Court on 20/12/17 attached to this letter. But It looks like the Court had not paid any attention to this letter.

I have also received a letter dated 28/12/17 reading:

"To the Defendant You have not replied to the claim form. It is. therefore ordered that you must pay the claimant £233 for debt [and interest to date of judgment] and f'25 for costs [less £0 which you have already paid]
You must pay the claimant a total of £258 forthwith"


Can someone please advise me on what I should do next and what went wrong. From this letters I understand that a Judgment has been entered.

Just to let you know I have not filled in the Claim Form but just sent a letter to the Court and to the Claimant office.

Kind regards

Coupon-mad

You POSTED A LETTER (snail mail?) to a service that was closed over Christmas, just 5 days before Christmas?

Not simply emailed it to the CCBC, as anyone would with a public holiday looming?...not counted the days and realised a letter would not cut it...? Sorry of I'm wrong, but surely no-one sends a vital, time-bound communication by post to a service that's about to close for the holidays, on 20th December with a weekend in between that day and the Bank Holidays. It would have taken about a week to arrive!

Please don't say you spent money on 'signed for' service from the PO when no-one at the other end would have been there from Friday onwards and it would have sat in the sorting office for days on end?

The court letter tells you your only option now, you will have to pay the Claimant, or pay £255 to get the judgement set aside, these words spell it out:

If you think that a Judgment has been entered against you incorrectly you can apply to set the Judgment aside using the N1244 'Application Notice'. Please read this letter and the enclosed notes thoroughly before Rending the application to the court as incorrectly completed applications will be returned to you.

Did you never get any POC? And did the claim form actually say ''full POC to follow''? OR DID IT NOT?

Your dates are very confusing. You said you had already, 3 weeks ago, done the AOS and the claim form was DATED 1/12/17, or did you mean it was dated in November and just 'received' on 1/12/17?

If the claim form was actually dated 1/12/17 then they cannot have obtained judgement just 27 days later...unless you didn't actually complete the AOS you thought you did?

I think you need to ring the CCBC and find out:

- did your AOS go through, or not (please don't tell us it was posted snail mail...if so, who did you post it to...)?

- IF the claim form said 'POC to follow', what date did the Claimant show to the CCBC as the date of service of the full POC?

NotSoLuckyLuke

1. I sent a first class letter on the 20/12/17 to the Court and the Claimant.
(sorry I am not familiar with British Law System) I thought that letter sent date is the date taken into consideration when it comes to any legal matters. The Claim Form was received on 01/12/17
As stated in Johnersh thread # 44 it is 5 days after 01/12/17 which is 06/12/17 and then 14 days this gives me the 20/12/17 the last day to send my reply to the Court.

2. I have never received any POC. What claimant stated in the Claim Form as quoted previously is: "
I will provide the defendant with separate detailed particulars within 14 days after service of the claim form".
I have not received anything form the claimant.

3. The Claim Form is dated 01/12/17 and it has never been stated differently.
Can you please explain AOS, I have not done it, otherwise i would know what this is.

14 days after service of the claim

Coupon-mad

I sent a first class letter on the 20/12/17 to the Court and the Claimant.

Why why why why post anything snail mail (even a Christmas card) when it would NOT be delivered, and the courts would be closed on the Saturday? THINK about it, the Court bulk admin centre weren't staying open over the weekend before Christmas!

Email!! I am also reading for the first time that you didn't do the AOS, but you told us you did (acknowledge the claim online). Didn't you?

The Claim Form was received on 01/12/17
As stated in Johnersh thread # 44 it is 5 days after 01/12/17 which is 06/12/17

No, that doesn't add up, and you have said two different things again:

The Claim Form was received on 01/12/17

The Claim Form is dated 01/12/17 and it has never been stated differently.

Yes it was, you just did. 'Dated' is not the date 'received'. You cannot have received it on 1st if it was dated 1st.

But this is important:

2. I have never received any POC. What claimant stated in the Claim Form as quoted previously is: "
I will provide the defendant with separate detailed particulars within 14 days after service of the claim form".
I have not received anything form the claimant.

So ring the court and ask them what date the Claimant filed with them, as the date they served the full POC, because in fact no POC followed the claim form at all.

You will have to do a set aside but if they never served any POC then this is an example of how MCOL fails people, when a Claimant pretends they will send full POC within 14 days, then they don't. Then they try to get a default judgment and the CCBC don't see the difference.

This is awful but I am astonished you posted a letter on 20th December, for it to get lost for a week, obviously it wasn't in time, but email would have been, and you don't have to know anything about the legal system NEVER to post something so close to Xmas to a corporate or public body that will likely close for the whole Xmas week.

It will cost you £255 for the set aside now (unless you are eligible for help with court fees, on certain benefits), albeit you can claim it back if you are right that they lied about sending POC.

NotSoLuckyLuke

My letter which was attached to the letter from the Court dated 29/12/17 as stated in thread #45 has stamp on it County Court Bulk Centre (received) date is illegible but I think it says 23 DEC 2017.

NotSoLuckyLuke

Sorry for the confusion: yes the claim form was dated 01/12/17 (not the date when I received it). My apologies.

I have never acknowledged the claim online and never stated differently. Also, I have not read in any replies that I have to do that.

I am going to ring the Court tomorrow and will try to find out what the Claimant filed with them.

I am regretting that I had not sent your defence instead of waiting of these POCs to be sent.

Thank you for your help.

Redx

I have mentioned in dozens of replies that the AOS needs to be done within 14 days

and it is listed in post #2 of the NEWBIES FAQ sticky thread , especially in the BARGEPOLE timeline of events

LOC123 has mentioned it many times, especially since the new protocols came in on 01 oct 2017 and that it is not done if the POC are to follow within 14 days , then it is done in the next 14 days

when the POC are included , then the AOS is done wtin 14 days and I believe the MCOL tellls you this and includes a postal AOS form, although we tell people to do the AOS online

it has been mentioned on this forum many hundreds of times to do the AOS within the first 14 days , especially when it predates 01 oct 2017 (under the old protocols)

the posts by johnnersh on page 2 of this thread made it clear

if awaiting the POC then you would do things differently than if the POC were attached to the original claim

if you were awaiting the further POC details then it seems the CCBC have acted incorrectly (but you may have need to do the AOS at some point and not wait until the last minute)

this needed to be sorted out around dec 15th to dec 18th , after the johnnersh reply on the 15th

you should not have left it until the last minute, especially at xmas , plus you should have emailed the defence to the court as a pdf attachment, even if you were going to post it as well

and if you were going to send in the defence , the AOS should probably have been done too , ONLINE by logging in same as its always been