PCM ticket in February 2018/Gladstone Solicitor

KeithP

Daintai wrote: »

Hi KeithP,

Date 20th February 2019, I went online as seen from a ongoing thread and registered online for acknowledge of service and my intention to defend all the claim. Is this the correct thing to do?

With a Claim Issue Date of 20th February, you have until Monday 11th March to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you have until 4pm on Monday 25th March 2019 to file your Defence.

That's over a month away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Daintai

Hi KeithP,

Ok I will start to gather all evidence as I have already registered AOS.

KeithP

That's fine.

Evidence comes at a later stage. Don't ignore it, but the first thing to concentrate on is your Defence as you have a definite target date to meet with that.

Daintai

Hi KeithP,

So my defense would have to be written? Not sure

KeithP

Yes of course your Defence needs to be written.

Have you read any of the example Defences linked from post #2 of the NEWBIES thread?
Pay particular attention to those concise Defences written by Bargepole.

There is a link to the NEWBIES thread in my earlier post, twice in fact.


And there is no 's' in Defence.

Daintai

Ok noted "Defence"�� , I will follow instructions above. thank you

Coupon-mad

Show us your draft defence and please read what KeithP told you to do.

Daintai

Hi Guys,

I have just read on the MCOL website that if filed my AOS within 14 days I may need to pay a defend fee? or if within 28 days i won't need to pay. Does this mean because I already did my AOS within a few days of receiving it I'm likely to pay? I am just finishing up my defence letter as we speak. Thinking I had up until today 11th march to file it.

regards

KeithP

Daintai wrote: »

Hi Guys,

I have just read on the MCOL website that if filed my AOS within 14 days I may need to pay a defend fee? or if within 28 days i won't need to pay. Does this mean because I already did my AOS within a few days of receiving it I'm likely to pay? I am just finishing up my defence letter as we speak. Thinking I had up until today 11th march to file it.

regards

Don't know where you read all that, but it doesn't matter.

You do not have to pay any 'defend fee'.

Please re-read post #42 above where it specifically tells you:

...you have until 4pm on Monday 25th March 2019 to file your Defence.

You can confirm that date by reading the Money Claim Online (MCOL) - User Guide.

On page 14 of that document it says:

How long does the defendant have to respond to my claim?

The court will send out a claim pack to each defendant once the claim has been issued and allows 5 calendar days from the date of issue for the service of the claim. Therefore the 'date of service' is the 5th calendar day after issue. Please note, if you have served separate particulars of claim then this may affect the deemed date of service (as above).

The defendant has 14 calendar days from the 'date of service' to file a response. If the last day for filing the response falls on a day that the court is not open (i.e. a weekend or public holiday), the court will allow the next full working day for a response. The defendant can extend the time to respond to 28 calendar days by filing an acknowledgment of service (AOS).

Daintai

Hi Keith,

For argument sake if this goes to court how long will this take to get to that stage? The reason is that I am living abroad and had been even the time of allegation/pcn issued. I won't be back into the UK until July for the summer with the kids and leave again end of August for their school. Im just concern as to all of this happening before my return.

Thank you