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BW Legal County Court Claim Form

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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 14 January 2021 at 2:20PM
    Because you have the auto reply and the defence is now filed , there should be no issues going forward , because the claimant hasn't filed for judgment

    The CCBC will now contact the claimant via the solicitors , so from now on keep checking MCOL and your email inbox and spam folder. If you get a problem , act on it quickly , but things should proceed as normal from now on

    It is your job to understand the process , deal with any issues and keep on top of it , never assume that the process will go smoothly , the pandemic has highlighted many process failures in various topics
  • Umkomaas said:
    Don't you have an auto reply confirming the sending/receipt of the Defence?
    Thanks Umkomass, yes I do. I have 2 emails from CCBC:
    1. The Auto response from the 13th Dec 2020 in return for my Defence Email.
    2. And an email reply I received from the Help Desk Team leader ( bulkcentre.helpdesk@justice.gov.uk) yesterday when I forwarded my Defence email to them after my phone call to CCBC, this email says: "Thank you for your email.  I have forwarded to the relevant section ccbcaq@justice.gov.uk for urgent investigation."

    So the date of receiving the Defence in the Claim History shouldn't be a worry?
    Apologies, I guess I am a bit rattled by this hiccup, if the good folks here didnt guide me to call CCBC up, I would have never thought of following up via the Phone, letting this whole thing brew into a bigger panic later.

    Thanks
    Sam
  • Redx said:
    Because you have the auto reply and the defence is now filed , there should be no issues going forward , because the claimant hasn't filed for judgment

    The CCBC will now contact the claimant via the solicitors , so from now on keep checking MCOL and your email inbox Be spam folder. If you get a problem , act on it , but things should proceed as normal from now on

    It is your job to understand the process , deal with any issues and keep on top of it , never assume that the process will go smoothly , the pandemic has highlighted many process failures in various topics
    Many thanks Redx. Thanks also for (re)explaining what is going to happen next. Will keep an eye on the emails/spam folder. I have the DQ locked and loaded but will hold the horses on dispatching it until the Claim History indicates that it has been posted to me, (but not wait for the actual post to arrive) as you advised.

    Thanks again, panic over( for now :)).

    Best Regards
    Sam
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    THe deadline for your defence is there because before this point, the claimant cannot ask for default judgement. 
    If the C is tardy in asking for judgement then as long as you beat them to it, your being late has no negative. 
  • THe deadline for your defence is there because before this point, the claimant cannot ask for default judgement. 
    If the C is tardy in asking for judgement then as long as you beat them to it, your being late has no negative. 
    Many thanks for the explanation nosferatu,  thanks to the guidance from the experts here I was able to get the CCBC team to rectify the problem on their end and acknowledge the defence before the Claimant could act.
  • Hi All,
    Trust you are safe and well. I now have an update for your guidance please.
    I have been keeping an eye on the MCOL Claim History and my emails since the 14th Jan ( when my Claim history was updated to- 'Your defence was received on 14/01/2021'). But there has been no further update on it. So I finally called up CCBC earlier this week to be told that my defence has been forwarded to BWLegal and they are still within their 33 day limit to respond to it and that the DQ will be sent out only once they have responded to the defence and wish to proceed with the claim.
    Today, I  received a letter by post from BWLegal stating that they have received my response and that their client has decided to proceed with the claim, the letter goes on to say that they are allowing until 11th Feb for me to pay the amount. I understand this is a stock response.
    The Claim history is still showing '
    Your defence was received on 14/01/2021' as the last update. The person from CCBC who answered the phone earlier this week said there may be a delay in the Claim History being updated on MCOL and that the Claimants solicitors might be quicker in sending out the DQ to me before the court does. So I wanted to ask if I should dispatch the DQ to CCBC and BWLegal email addresses now or wait until either the Claim History is updated to reflect the DQ being sent to me or the DQ letter/email arrives (whichever is earlier)?

    Many thanks for your time and help on this again.
    Best Regards
    Sam 

  • Umkomaas
    Umkomaas Posts: 43,433 Forumite
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    Access a DQ from the internet, complete it online, then email to court and claimant's solicitors. Job done. The NEWBIES FAQ sticky, second post, will guide you in how to complete the DQ. 
    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.

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  • Umkomaas said:
    Access a DQ from the internet, complete it online, then email to court and claimant's solicitors. Job done. The NEWBIES FAQ sticky, second post, will guide you in how to complete the DQ. 
    Many Thanks Umkomaas, I already have the DQ downloaded and filled in using the guidance in the Newbie section. I just wasn't sure if I should wait until either the Claim History is updated to reflect the DQ being sent to me or the DQ letter/email arrives.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    I would say wait a while to see if either DQ arrives , checking MCOL a couple of times a week

    Send your DQ if any are posted or arrive
  • Redx said:
    I would say wait a while to see if either DQ arrives , checking MCOL a couple of times a week

    Send your DQ if any are posted or arrive
    Many thanks Redx, I will hold off for now then and continue to monitor the MCOL/Emails/Post.
    Best Regards
    Sam
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