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County Court Claim Form

1235

Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    What does the Newbies thread say is the next step?
    You know the next step is DQ. Until they state they have sent you a DQ, nothing can happen
  • Redx
    Redx Posts: 38,084 Forumite
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    sit and wait and keep checking on MCOL in the claim history until more details are added

    MCOL contact the claimant and I believe the claimant has 28 days to decide if they are continuing , so my prediction of jan 2021 may well be into feb 2021


  • Le_Kirk
    Le_Kirk Posts: 25,170 Forumite
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    What does the Newbies thread say is the next step?
    You know the next step is DQ. Until they state they have sent you a DQ, nothing can happen
    Redx said:
    sit and wait and keep checking on MCOL in the claim history until more details are added
    MCOL contact the claimant and I believe the claimant has 28 days to decide if they are continuing , so my prediction of jan 2021 may well be into feb 2021
    Meantime you could start compiling your witness statement (WS) whilst it is all fresh in your mind, considering that the WS has to back up and support the defence.
  • Erfan1135
    Erfan1135 Posts: 23 Forumite
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    Hello everyone, hope you all are great. 
    So its been over 2 months and I have not heard anything back from them. ( the defence was received on 27/12/2020).
    I hope that no news is good news right? :s:smiley:
    Can you recommend anything that I should do?
  • Redx
    Redx Posts: 38,084 Forumite
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    It's irrelevant , the court system was slow a year ago , worse now

    Login online to MCOL , check the claim history , see if a DQ has been posted
  • Erfan1135
    Erfan1135 Posts: 23 Forumite
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    No the latest update is about my defence that they've received two months ago.
    Don't they have a deadline to take action though? I thought they have 28 days!!
  • Umkomaas
    Umkomaas Posts: 43,829 Forumite
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    The PPC/solicitors need to confirm receipt of your Defence and confirm (or otherwise) their intention to proceed. At that point the DQ is issued to you (if they are continuing). Ordinarily that should all take place within 28 days of your Defence submission. 

    I'd contact the CCBC tomorrow and ask what's happening. Discuss the prospect of a strike out - not that the person you speak to can orchestrate that, but they're probably in a good place to advise you on going about seeking one. 

    Others might contribute on this so see if there are any further inputs this evening. 
    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.

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  • KeithP
    KeithP Posts: 41,296 Forumite
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    Erfan1135 said:
    No the latest update is about my defence that they've received two months ago.
    Don't they have a deadline to take action though? I thought they have 28 days!!

    What you don't know is when the CCBC sent a copy of your Defence to the Claimant. 
    It follows from that that it is not known when the Claimant has to respond to the CCBC. 
    Further, we don't know what delays there are in the CCBC that means they don't send you a DQ as promptly as you might like.

    Can I suggest that you keep checking your MCOL Claim History and as soon as you see that the CCBC has sent a DQ to you, you are ready to download a DQ, complete it and fire it back to the CCBC, remembering to send a copy to the Claimant of course.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    Let's not forget that in 2018 BW Legal allowed a shedload of claims at this stage to remain dormant, then resurrected them with applications two years later when people had probably not kept details of the defence they put in and thought they'd won, and others had moved house and probably then got CCJs for not responding to the resurrected court process.
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  • Erfan1135
    Erfan1135 Posts: 23 Forumite
    10 Posts First Anniversary Name Dropper
    Hello everyone, 

    Back again with some amazing news!!! 

    I have just received a "notice of discontinuance" from the claimant for all of the claim. 
    It is a N279 form signed and dated and sent to CCBC to be granted permission for the claimant to discontinue the case. 
    MCOL has not been updated although the letter is dated 26/03.

    Is there anything else I must do? 

    Thank you all so much for all your help and support. Absolute legends.
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