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14 Weeks Before NTK Issued

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Comments

  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I would say so.
    You never know how far you can go until you go too far.
  • Alleged
    Alleged Posts: 33 Forumite
    10 Posts
    I received the SAR information today & would like to point out that I used the actual NTK as proof of ID.

    That was with Excel Parking.
    I hope that information prevents others providing invasive alternate ID.
  • Alleged
    Alleged Posts: 33 Forumite
    10 Posts
    I have just received notice that a "Judgement for Claimant (in default)" letter has been received today.
    It is dated 3rd November.
    Has something gone wrong?
  • Jenni_D
    Jenni_D Posts: 5,567 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    What does your MCOL filing history say?

    Have you missed any key dates for submitting defence or witness statement? Have you missed the hearing date?

    WHO sent you that notice?
    Jenni x
  • Alleged
    Alleged Posts: 33 Forumite
    10 Posts
    As far as I am aware nothing has been missed.

    I emailed the defence to 'CCBCAQ@Justice.gov.uk' on Sunday 31 October.
    The deadline was advised as:
    "With a Claim Issue Date of 29th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 1st November 2021 to file your Defence."

    I did as recommended & only used the MCOL to file the AOS.
    I never found an alternative deadline date to that advised above on MCOL.

    The MCOL website states:

    "Your acknowledgment of service was submitted on 11/10/2021 at 12:22:18

    Your acknowledgment of service was received on 11/10/2021 at 14:04:39

    A judgment was issued against you on 03/11/2021 at 19:05:54"

    The notice is from the courts.



  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You never know how far you can go until you go too far.
  • Alleged
    Alleged Posts: 33 Forumite
    10 Posts
    D_P_Dance said:
    I don't think that applies to this situation.
    The defendant was aware of the claim against them.
    We were following the procedure as advised on here. 
    I believe the question is:
    Was submitting the defence by email a legally correct procedure?

    If it was, then surely I can call the courts on Monday & have them find the email & remove the decision?
  • Jenni_D
    Jenni_D Posts: 5,567 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 6 November 2021 at 3:01PM
    Your MCOL history shows that no defence was filed! You need to contact the CCBC (use your original email that you used to file your defence) and raise a complaint that the CCBC have failed to record your correctly-filed defence. This urgently needs to be put in front of a manager/judge/whoever to get the default judgment removed and the claim reverted to where it should be at.

    Did you receive an auto-response to your defence email?
    Jenni x
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 6 November 2021 at 3:18PM
    Alleged said:
    I emailed the defence to 'CCBCAQ@Justice.gov.uk' on Sunday 31 October.
    The deadline was advised as:
    "With a Claim Issue Date of 29th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 1st November 2021 to file your Defence."

    Yes, I wrote that on 20 October at 4:28PM.
    I have checked again and stand by that guidance.

    Alleged said:
    The MCOL website states:

    "Your acknowledgment of service was submitted on 11/10/2021 at 12:22:18

    Your acknowledgment of service was received on 11/10/2021 at 14:04:39

    A judgment was issued against you on 03/11/2021 at 19:05:54"

    I would've expected to see a line in there something like...
    Your defence was received on dd/mm/yyyy

    When you sent your Defence to the CCBCAQ email address, did you receive an automated email response?

    It looks to me that you have done everything right and the CCBC has failed to log their receipt of your Defence.

    Alleged said:
    ...surely I can call the courts on Monday & have them find the email & remove the decision?
    Yes, that's what you must do.
  • Le_Kirk
    Le_Kirk Posts: 26,159 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    KeithP said:
    I would've expected to see a line in there something like...
    Your defence was received on dd/mm/yyyy

    When you sent your Defence to the CCBCAQ email address, did you receive an automated email response?

    It looks to me that you have done everything right and the CCBC has failed to log their receipt of your Defence.
    Alleged said:
    ...surely I can call the courts on Monday & have them find the email & remove the decision?
    Yes, that's what you must do.
    Not for the first time!
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