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HELP! Have I missed defence submission date (COVID-19!) -

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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 5 April 2020 at 3:47PM
    growbag said:
    Just looking at the DQ. Is there anything to be gained from agreeing to mediation?
    But if it does goes to Court will it be looked at more favourably if an attempt has been made at mediation??
    Once again - 29 March at 9:00PM - I find myself having to point you towards information already given to you.

    Please read again my post of 
    25 February at 12:46AM on your earlier thread. I know you've read it once because you have thanked it.
    I guess you have forgotten it because you started a second thread. Silly idea.

    Items 8, 9 and 10 on the list in my 
    25 February at 12:46AM post have your answer.
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 16 November 2020 at 6:22PM
    the MCOL system is used by parking companies for unpaid invoices, but isnt set up specifically for parking charges and the vast majority of cases are nothing to do with parking , but rent arrears , evictions and building disputes etc

    so take all online advice with a pinch of salt
  • growbag
    growbag Posts: 36 Forumite
    Fifth Anniversary 10 Posts
    edited 16 April 2020 at 11:47AM
    Update - having filed my defence and DQ yesterday I have just received a letter (sent to wrong address) stating that a CCJ was issued against me! I hadn't received any previous notification of it! The MCOL site acknowledges receipt of my defence and indicates that the DQ was sent out to me -- no mention of any CCJ being granted -- feel like I have been denied due process! Anything to be done?

    Edit: Just got off the phone to the CCBC and they confirmed that no CCJ was issued! They also confirmed that we are at the DQ stage. The letter I have from VCS reckons a CCJ was issued on 26/03 -- how can they claim this if no CCJ was issued according to the CCBC???
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Why was it sent to the wrong address? That's a really obvious question to ask!

    the other obvious one is - who sent the letter? 
    Show us a copy of it. 
  • Umkomaas
    Umkomaas Posts: 44,434 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    growbag said:
    Update - having filed my defence and DQ yesterday I have just received a letter (sent to wrong address) stating that a CCJ was issued against me! I hadn't received any previous notification of it! The MCOL site acknowledges receipt of my defence and indicates that the DQ was sent out to me -- no mention of any CCJ being granted -- feel like I have been denied due process! Anything to be done?
    The DQ stage comes some time after submitting a defence. Have you missed your defence deadline?

    Who sent the letter to you?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • growbag
    growbag Posts: 36 Forumite
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    See above later edits to previous post. Initial letter from VCS and then a follow up from ELMS legal (debt recovery) - but according to CCBC no CCJ has been issued??
  • growbag
    growbag Posts: 36 Forumite
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    The defence was filed but during the closure of CCBC - but this is showing as acknowledged on MCOL and the DQ was sent out to me -- which I have now returned. 
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Again
    why did VCS send it to the wrong address?
    How come they have the wrong address?
    definitely same pcn or court ref?
  • growbag
    growbag Posts: 36 Forumite
    Fifth Anniversary 10 Posts
    edited 16 April 2020 at 12:27PM
    they sent the letters to my old address which is on my v5 - but i had written to them ages ago telling them to use my new address (which they ignored). The CCBC use the correct address. Definitely the same PCN/court ref. According to the CCBC (phone call) no CCJ has been issued as the case is being defended - and Trust Online does not recognise the Claim No so seemingly no public record of any CCJ
  • growbag
    growbag Posts: 36 Forumite
    Fifth Anniversary 10 Posts
    Why was it sent to the wrong address? That's a really obvious question to ask!

    the other obvious one is - who sent the letter? 
    Show us a copy of it. 
    The first letter is from VCS headed 'Notice of Recovery' and claiming that a CCJ was issued on 26/03. The second is from ELMS legal headed 'Field Agent Attendance' adding another £90 to the total and asking me to pay within 10 days or they will send debt collectors etc. CCBC said on the phone that there was no CCJ (case at DQ stage) and I haven't received anything in writing from the Court about a CCJ. Just checked TrustOnline and this shows no record of any CCJ under my name (not sure how long one would take to show up on the register). If VCS are claiming that a CCJ was issued but it hasn't surely that cannot be legal??
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