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Submitted acknowledge of claim in time but have now received a default judgement.

124

Comments

  • Jenni_D
    Jenni_D Posts: 5,586 Forumite
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    Received "General form of judgment or order" today that the previous default judgment has been set aside as I have proved my defence was submitted.  The claimant has 7 days to appeal this.

    Should I expect to receive the directions questionairre now that the claim is (probably) proceeding again?
    What exactly does the order say? Maybe scan a copy and show us? (Redact any personal info).
    Jenni x
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 20 September 2021 at 12:57PM
    And copy and paste your MCOL claim history too , keep a daily eye on that claim history on MCOL over the next few weeks , checking for when the CCBC have posted the DQ N180 to you

    Ideally you should be showing us redacted pictures , not anecdotal statements

    A picture paints a thousand words
  • Thanks for the advice, very much appreciated.

    Order letter.

    Current MCOL status and transaction history.

  • Redx
    Redx Posts: 38,084 Forumite
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    Then you are now waiting for MCOL to update the above , probably to indicate that the N180 has been posted out , normal practice , so after the claimant has indicated that they are proceeding an after they have your defence , so Keep checking it over the next 6 weeks , or if an N180 arrives in the post ( but not the one the claimant sends you )

    You are now awaiting for your official blank DQ
  • Thank you, you guys are awesome at walking a bewildered noob through this process.
  • Jenni_D
    Jenni_D Posts: 5,586 Forumite
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    Does the order re. the defence (which actually means defence, WS and evidence following a set aside) come after/when a DQ is issued? (Just picking up on C-m's oft-said advice regarding a defence meaning more than just a defence following a set aside. The order above makes no reference to a defence).
    Jenni x
  • KeithP
    KeithP Posts: 41,296 Forumite
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    This is a straightforward undoing of a mistake made by the CCBC.

    The CCBC should now send a copy of the Defence to the Claimant and the process continues as normal.

    The OP might want to confirm with the CCBC that they, the CCBC, will be picking up the dropped baton and sending the Defence to the Claimant.

    That's pretty much what @Redx said will happen.
  • Coupon-mad
    Coupon-mad Posts: 162,202 Forumite
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    edited 21 September 2021 at 3:10AM
    I am so pleased that the CCBC has stopped fobbing people off and blaming them for not knowing that they should have received an acknowledgement email back, that people wouldn't know 'should' have been sent if it never arrived!  Flipping heck, we've even heard that Olive's set aside application for her second (consent) set aside case was lost in this same black hole - EVEN THOUGH THE CCBC TOOK PAYMENT FOR THE APPLICATION!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • KeithP said:
    This is a straightforward undoing of a mistake made by the CCBC.

    The CCBC should now send a copy of the Defence to the Claimant and the process continues as normal.

    The OP might want to confirm with the CCBC that they, the CCBC, will be picking up the dropped baton and sending the Defence to the Claimant.

    That's pretty much what @Redx said will happen.
    Received confirmation of defence forwarding to the claimant from CCBC today.

    "I can confirm that your defence has been processed today and the claimants will receive a copy of this in due course"


  • I have just received "Notice of Discontinuance" from QDR, which I think means, I win?!
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