Email received from BW Legal

System

You should add that you were made aware a Claim was issued in a letter sent to you by Excel (and reproduced above) and that rather than trying to find out where it went e.g. by calling the court, you decided to wait.

Just giving you a heads-up on what will be in a judge's mind should you decide to pay the £255 and seek a set-aside.

To add to the above, any judge granting a set-aside may not order the £255 to be repaid to you.

Even action has a risk.

Grebo

I have just phoned the Court and the case has been set aside as there was an error. The claim form was never sent!

Now have to wait to see if BW Legal issue a new claim.

beamerguy

Grebo wrote: »

I have just phoned the Court and the case has been set aside as there was an error. The claim form was never sent!

Now have to wait to see if BW Legal issue a new claim.

For your records, you should email the court to get
confirmation in writing

Grebo

Ok will do

Grebo

I now have the claim form and a further 19 days to respond

nosferatu1001

Or in fact do you have the chance to ACKNOWLEDGE the claim, which woudl now extend your time to 33 days from date of issue?
What is the date of issue?

Grebo

The issue date on the claim is still Sept 13th but the date on the accompanying letter is 18th Oct. I am presuming I have 19 days from yesterday.

nosferatu1001

Why are you assuming this?
DOes it state this?

Have you tried acknowledging the claim online? That would be an obvious thing to do.
If youre s=unsure then you really need to TELL TEH COURT and ask them whether you are being deprived of your full 28 days from date of service due to THEIR issue or not

Dont be so damned passive. It is not going to hel pyou.

Grebo

I am not being passive. I didn't know I have 28 days. The letter I received today says I have 19 days from the date of the letter

KeithP

Grebo wrote: »

The letter I received today says I have 19 days from the date of the letter

What is the full sentence that tells you that?

I imagine that the accompanying letter is effectively replacing the Claim Issue Date on the Claim Form with a new Issue Date - the date on the accompanying letter.

If that is the case, with a Claim Issue Date of 18th October, you have until Tuesday 6th November 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 then have until 4pm on Tuesday 20th November 2018 to file your Defence.

A whole month. 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 described here:

1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) 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'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.


But that all assumes that my 'imagination' is correct.

You need to confirm that with the CCBC.